OIA 1354239, refused under s 18(e), stating: “No briefings, aides-memoire or advice from the Ministry were provided to Ministers” regarding the procurement/engagement of Janison for the SMART tool.
Phillip Fry made this Official Information request to Ministry of Education
Currently waiting for a response from Ministry of Education, they must respond promptly and normally no later than (details and exceptions).
From: Phillip Fry
Dear Ministry of Education,
I refer to OIA 1354239, refused under s 18(e), stating: “No briefings, aides-memoire or advice from the Ministry were provided to Ministers” regarding the procurement/engagement of Janison for the SMART tool.
In light of public statements by Janison that work commenced via a bridging contract in July 2025, please provide:
Confirmation of the exact interpretation the Ministry applied to the terms “briefings”, “aide memoires”, and “advice” for the purpose of OIA 1354239 (e.g., whether it excluded emails, oral briefings, ministerial office notes, briefings to associate ministers, or briefings through delegated channels).
A description of the searches undertaken to support the s 18(e) refusal, including:
which business groups/teams were asked to search;
which record systems were searched (e.g., email, SharePoint, TRIM/EDRMS, ministerial correspondence systems);
the date ranges searched; and
the search terms used.
Copies of any records held by the Ministry that reference briefing or advising Ministers (or Ministers’ offices) about:
the July 2025 bridging/interim contract (or early works/mobilisation arrangement) with Janison; and/or
the decision to proceed with Janison as preferred supplier for SMART.
If any part of this request is refused on substantial collation grounds, please provide a schedule/index of documents in scope (title, date, author, brief description) so I can refine.
Yours faithfully,
Phillip Fry
From: Enquiries National
Ministry of Education
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Tēnā koe mō tō īmēra mai ki te Tāhuhu o te Mātauranga.
He urupare aunoa tēnei hei whakaatu kua tae mai tō īmēra
ki a mātou. Kaua noa e whakautu i tēnei karere.
Mea ake nei ka urupare tonu atu mātou ki tō īmēra.
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From: Enquiries National
Ministry of Education
[IN-CONFIDENCE - RELEASE EXTERNAL]
Kia ora Phillip,
Thank you for the information request below. The Ministry will consider
and respond to your request in accordance with the Official Information
Act 1982 (the Act).
Under section 15(1) of the Act, we are required to make and inform you of
our decision on your request as soon as reasonably practicable and in any
case not later than 20 working days after the day on which your request is
received. You can therefore expect to receive our decision on your
request on or before 11 February 2026. If more than 20 working days are
needed due to the potential workload and/or consultations involved in
answering your request, we will notify you accordingly.
Please note, the days between 25 December – 15 January (inclusive) are not
considered to be “working days” for the purposes of calculating the 20
working day timeframe for providing a response under the Act.
In the interim, if you have any questions about your request, please email
[1][email address].
Ngâ mihi,
Enquiries National Team | Te Tâhuhu o te Mâtauranga | Ministry of
Education | JH
[2]education.govt.nz
We shape an education system that delivers equitable and excellent
outcomes
He mea târai e mâtou te mâtauranga kia rangatira ai, kia mana taurite ai
ôna huanga
[3]Te TD huhu o te MD tauranga
-----Original Message-----
From: Phillip Fry <[4][FOI #33348 email]>
Sent: Sunday, 21 December 2025 1:01 pm
To: Enquiries National <[5][email address]>
Subject: Official Information request - OIA 1354239, refused under s
18(e), stating: “No briefings, aides-memoire or advice from the Ministry
were provided to Ministers” regarding the procurement/engagement of
Janison for the SMART tool.
[You don't often get email from
[6][FOI #33348 email]. Learn why this is
important at [7]https://aka.ms/LearnAboutSenderIdentific... ]
Dear Ministry of Education,
I refer to OIA 1354239, refused under s 18(e), stating: “No briefings,
aides-memoire or advice from the Ministry were provided to Ministers”
regarding the procurement/engagement of Janison for the SMART tool.
In light of public statements by Janison that work commenced via a
bridging contract in July 2025, please provide:
Confirmation of the exact interpretation the Ministry applied to the terms
“briefings”, “aide memoires”, and “advice” for the purpose of OIA 1354239
(e.g., whether it excluded emails, oral briefings, ministerial office
notes, briefings to associate ministers, or briefings through delegated
channels).
A description of the searches undertaken to support the s 18(e) refusal,
including:
which business groups/teams were asked to search;
which record systems were searched (e.g., email, SharePoint, TRIM/EDRMS,
ministerial correspondence systems);
the date ranges searched; and
the search terms used.
Copies of any records held by the Ministry that reference briefing or
advising Ministers (or Ministers’ offices) about:
the July 2025 bridging/interim contract (or early works/mobilisation
arrangement) with Janison; and/or
the decision to proceed with Janison as preferred supplier for SMART.
If any part of this request is refused on substantial collation grounds,
please provide a schedule/index of documents in scope (title, date,
author, brief description) so I can refine.
Yours faithfully,
Phillip Fry
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hide quoted sections
From: Phillip Fry
Dear Enquiries National,
To assist the Ministry and reduce scope, I wish to narrow my earlier request.
Please treat the request below as replacing my previous wording. It is limited to clarification only and does not seek any documents or records.
I refer to OIA 1354239, in which the Ministry refused the request under section 18(e), stating that “no briefings, aides-memoire or advice from the Ministry were provided to Ministers” in relation to the procurement of Janison for the Student Monitoring, Assessment and Reporting Tool (SMART).
To assist my understanding of that response, I request the following clarification only:
Confirmation of the interpretation applied by the Ministry to the terms “briefings”, “aide-memoire”, and “advice” for the purposes of OIA 1354239, including whether those terms were considered to exclude any of the following:
emails or written communications to Ministers’ offices;
oral briefings or discussions;
information updates, reports, or background papers;
Cabinet papers provided for noting;
briefings provided via delegated or indirect channels (including to associate ministers or ministerial staff).
This request is limited to clarification of terminology used in the Ministry’s earlier response and does not seek additional documentation or records.
Yours sincerely,
Phillip Fry
From: Enquiries National
Ministry of Education
Thank you for your email to the Ministry of Education.
This is an auto generated response confirming your email has been received.
Please do not respond to this message.
We will respond to your email as soon as possible.
Tēnā koe mō tō īmēra mai ki te Tāhuhu o te Mātauranga.
He urupare aunoa tēnei hei whakaatu kua tae mai tō īmēra
ki a mātou. Kaua noa e whakautu i tēnei karere.
Mea ake nei ka urupare tonu atu mātou ki tō īmēra.
--------------------------------------------------------------------------
DISCLAIMER:
This email and any attachments may contain information that is
confidential and subject to legal privilege. If you are not the intended
recipient, any use, dissemination, distribution or duplication of this
email and attachments is prohibited. If you have received this email in
error please notify the author immediately and erase all copies of the
email and attachments. The Ministry of Education accepts no
responsibility for changes made to this message or attachments after
transmission from the Ministry.
hide quoted sections
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