Response to treasury concerns
Phillip Fry made this Official Information request to Ministry of Education
The request was refused by Ministry of Education.
From: Phillip Fry
Dear Ministry of Education,
Under the Official Information Act, I request copies of any records documenting the decision to proceed with the SMART (Student Monitoring, Assessment and Reporting Tool) programme after concerns were raised by Treasury during development of the business case.
This request follows recent written parliamentary questions and released Treasury material referring to those concerns.
This request includes any documents recording approval, sign-off, or agreement to continue the programme, including decision papers, briefings, emails, meeting notes, risk or mitigation documents, or updates to the business case.
For the avoidance of doubt, this request is for all recorded information held by the Ministry of Education relating to the decision to proceed, and is not limited to formal written advice.
Yours faithfully,
Phillip Fry
From: Enquiries National
Ministry of Education
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From: Enquiries National
Ministry of Education
[UNCLASSIFIED]
Kia ora Phillip
Thank you for your request for information 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 the 16 of April 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.
The Ministry may publicly release on our website the response to your request five days after you have received it. Any personal information will be removed.
In the interim, if you have any questions about your request, please email [email address].
Ngā mihi
Enquiries National Team | Te Tāhuhu o te Mātauranga | Ministry of Education | IB
National Office, 1 The Terrace, Wellington
education.govt.nz
He mea tārai e mātou te mātauranga kia rangatira ai, kia mana taurite ai ōna huanga
We shape an education system that delivers equitable and excellent outcomes
-----Original Message-----
From: Phillip Fry <[FOI #34127 email]>
Sent: Tuesday, 17 March 2026 9:08 pm
To: Enquiries National <[email address]>
Subject: Official Information request - Response to treasury concerns
[You don't often get email from [FOI #34127 email]. Learn why this is important at https://aka.ms/LearnAboutSenderIdentific... ]
Dear Ministry of Education,
Under the Official Information Act, I request copies of any records documenting the decision to proceed with the SMART (Student Monitoring, Assessment and Reporting Tool) programme after concerns were raised by Treasury during development of the business case.
This request follows recent written parliamentary questions and released Treasury material referring to those concerns.
This request includes any documents recording approval, sign-off, or agreement to continue the programme, including decision papers, briefings, emails, meeting notes, risk or mitigation documents, or updates to the business case.
For the avoidance of doubt, this request is for all recorded information held by the Ministry of Education relating to the decision to proceed, and is not limited to formal written advice.
Yours faithfully,
Phillip Fry
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________________________________
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.
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From: Enquiries National
Ministry of Education
[IN-CONFIDENCE - RELEASE EXTERNAL]
Kia ora Phillip
Please find attached our response to your Official Information Act
request.
Ngā mihi
Official and Parliamentary Information | Te Tāhuhu o te Mātauranga |
Ministry of Education | KJ
1 The Terrace, Wellington
[1]education.govt.nz
He mea tārai e mātou te mātauranga kia rangatira ai, kia mana taurite ai
ōna huanga
We shape an education system that delivers equitable and excellent
outcomes
[2][IMG]
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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.
References
Visible links
1. http://www.education.govt.nz/
2. http://www.education.govt.nz/
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From: Phillip Fry
Dear Enquiries National,
I request that the Ministry reconsider its decision on OIA GEMS-47297.
My original request sought all recorded information documenting the decision to proceed with the SMART (Student Monitoring, Assessment and Reporting Tool) programme after concerns were raised by Treasury. It expressly included decision papers, briefings, emails, meeting notes, risk or mitigation documents, updates to the business case, and records of approval or agreement to continue the programme. I also noted that the request was not limited to formal written advice.
In its response, the Ministry advised that it had interpreted my request as seeking information documenting the formal decision to proceed, and identified only the Cabinet Minute.
Since that decision, the Ministry has released the Appendix C document lists from the December 2024 Gateway Review and the March 2025 Assurance of Action Plan Review.
Those document lists identify a range of records that appear potentially relevant to the broader wording of my request, including:
updated business case documentation;
Ministerial funding approvals and next-steps briefings;
Gateway recommendations and action plans;
Programme Governance Board and leadership papers;
programme status reports;
risk assessments; and
the programme RAID Register.
I appreciate that not every document listed in Appendix C will necessarily fall within the scope of my original request. However, the document lists indicate that there were a number of records documenting the programme's progression, governance, risk management and decision-making beyond the final Cabinet Minute.
In light of this new information, could the Ministry please reconsider whether OIA GEMS-47297 was interpreted more narrowly than my original request intended, and whether a further search should be undertaken using the wording of my original request?
I would appreciate it if the Ministry could let me know within five working days whether it intends to reconsider the decision. If the Ministry does not intend to revisit the request, I will consider asking the Ombudsman to review the decision.
Thank you for your consideration.
Yours sincerely,
Phillip Fry
From: Enquiries National
Ministry of Education
[IN-CONFIDENCE - RELEASE EXTERNAL]
Kia ora Phillip
Please see attached in response to your email of 13 July 2026 below.
Ngā mihi
Official and Parliamentary Information | Te Tāhuhu o te Mātauranga |
Ministry of Education | KJ
[1]education.govt.nz
He mea tārai e mātou te mātauranga kia rangatira ai, kia mana taurite ai
ōna huanga
We shape an education system that delivers equitable and excellent
outcomes
-----Original Message-----
From: Phillip Fry <[2][FYI request #34127 email]>
Sent: Monday, 13 July 2026 5:00 pm
To: Enquiries National <[3][email address]>
Subject: Re: OIA GEMS-47297 - Response
Dear Enquiries National,
I request that the Ministry reconsider its decision on OIA GEMS-47297.
My original request sought all recorded information documenting the
decision to proceed with the SMART (Student Monitoring, Assessment and
Reporting Tool) programme after concerns were raised by Treasury. It
expressly included decision papers, briefings, emails, meeting notes, risk
or mitigation documents, updates to the business case, and records of
approval or agreement to continue the programme. I also noted that the
request was not limited to formal written advice.
In its response, the Ministry advised that it had interpreted my request
as seeking information documenting the formal decision to proceed, and
identified only the Cabinet Minute.
Since that decision, the Ministry has released the Appendix C document
lists from the December 2024 Gateway Review and the March 2025 Assurance
of Action Plan Review.
Those document lists identify a range of records that appear potentially
relevant to the broader wording of my request, including:
updated business case documentation;
Ministerial funding approvals and next-steps briefings; Gateway
recommendations and action plans; Programme Governance Board and
leadership papers; programme status reports; risk assessments; and the
programme RAID Register.
I appreciate that not every document listed in Appendix C will necessarily
fall within the scope of my original request. However, the document lists
indicate that there were a number of records documenting the programme's
progression, governance, risk management and decision-making beyond the
final Cabinet Minute.
In light of this new information, could the Ministry please reconsider
whether OIA GEMS-47297 was interpreted more narrowly than my original
request intended, and whether a further search should be undertaken using
the wording of my original request?
I would appreciate it if the Ministry could let me know within five
working days whether it intends to reconsider the decision. If the
Ministry does not intend to revisit the request, I will consider asking
the Ombudsman to review the decision.
Thank you for your consideration.
Yours sincerely,
Phillip Fry
-----Original Message-----
[IN-CONFIDENCE - RELEASE EXTERNAL]
Kia ora Phillip
Please find attached our response to your Official Information Act
request.
Ngā mihi
Official and Parliamentary Information | Te Tāhuhu o te Mātauranga |
Ministry of Education | KJ
1 The Terrace, Wellington
[1]education.govt.nz
He mea tārai e mātou te mātauranga kia rangatira ai, kia mana taurite ai
ōna huanga
We shape an education system that delivers equitable and excellent
outcomes [2][IMG]
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Please use this email address for all replies to this request:
[4][FYI request #34127 email]
Disclaimer: This message and any reply that you make will be published on
the internet. Our privacy and copyright policies:
[5]https://fyi.org.nz/help/officers
If you find this service useful as an Official Information officer, please
ask your web manager to link to us from your organisation's OIA or LGOIMA
page.
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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.
References
Visible links
1. http://www.education.govt.nz/
2. mailto:[FYI request #34127 email]
3. mailto:[email address]
4. mailto:[FYI request #34127 email]
5. https://fyi.org.nz/help/officers
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