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This is an auto generated response confirming your email has been received.
Please do not respond to this message.  
  
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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
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[IN-CONFIDENCE - RELEASE EXTERNAL]
 
Kia ora Spencer,
 
Thank you for your request.
The Ministry will consider 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 24 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
[1][email address]
 
Ngā mihi,
 
Enquiries National Team | Te Tāhuhu o te Mātauranga | Ministry of
Education | PN education.govt.nz
 
We shape an education system that delivers equitable and excellent
outcomes He mea tārai e mātou te mātauranga kia rangatira ai, kia mana
taurite ai ōna
 
 
 
 

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[IN-CONFIDENCE - RELEASE EXTERNAL]

Tēnā koe Spencer

 

OIA: [GEMS-47428] – Use of Trespass Notices in Schools – Policy, Guidance,
and Oversight

 

Thank you for your below email of 25 March 2026 to the Ministry of
Education (the Ministry) seeking information about the use of trespass
notices by state schools.

 

Under the Education and Training Act 2020, schools are self‑governing
through their boards and are each considered Crown entities. Boards are
independently responsible for governance and operational decisions,
including engagement with parents or caregivers and the use of trespass
notices.

 

The Ministry does not issue guidance, policies, or templates on the use of
trespass notices by schools, does not collect data or complaints relating
to their use, and does not hold internal reports or briefings on this
matter.

The Ministry is not responsible for verifying schools’ compliance in this
area and does not seek assurance from boards that they are meeting these
obligations.

 

Accordingly, your request is refused in full under section 18(g) of the
Act, as the information requested is not held by the Ministry and there is
no reason to believe it is held by another agency or is more closely
connected with another agency’s functions.

 

Thank you again for your email. You have the right to ask an Ombudsman to
review my decision on your request, in accordance with section 28 of the
Act. You can do this by writing to [1][email address] or to
Office of the Ombudsman, PO Box 10152, Wellington 6143.

 

 

Ngā mihi,

Enquiries National Team | Te Tāhuhu o te Mātauranga | Ministry of
Education | JH
[2]education.govt.nz
We shape an education system that delivers equitable and excellent
outcomes
He mea tārai e mātou te mātauranga kia rangatira ai, kia mana taurite ai
ōna huanga

[3]Te TD huhu o te MD tauranga

 

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[IN-CONFIDENCE - RELEASE EXTERNAL]

Kia ora Spencer

 

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 15 May 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.

 

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

 

Dear Enquiries National,

 

Subject: Follow-up OIA – Search Adequacy, Decision Chain, and Oversight
Gap

 

Reference: GEMS-47428

 

Tçnâ koutou,

 

I refer to your response dated 15 April 2026 to my request regarding the
use of trespass notices in state schools.

 

Your response states that:

        •       The Ministry does not issue guidance, policies, or
templates

        •       The Ministry does not collect data or complaints

        •       The Ministry does not hold reports or briefings

        •       The Ministry does not verify compliance or seek assurance

        •       The request was refused under s18(g) on the basis that the
information is not held and “there is no reason to believe it is held by
another agency or more closely connected”

 

Part 1 – Search Adequacy (s13 duty to assist)

 

Please confirm the following regarding your decision:

        1.      Search Scope

        •       What systems, repositories, and record classes were
searched (e.g. email systems, Ministerial servicing records, policy units,
legal team records)?

        •       Which business units were consulted (e.g. School
Governance, Legal Services, Regional Offices)?

        2.      Search Methodology

        •       What keywords or search parameters were used?

        •       Were searches conducted across:

        •       Ministerial correspondence

        •       Briefing trackers / registers

        •       Risk or incident reporting systems

        •       Complaints escalation channels

        3.      Staff Consultation

        •       Which roles or positions (not names) were consulted before
concluding the information is not held?

        4.      Record Existence Threshold

        •       Please confirm whether the Ministry is asserting:

        •       (a) No records exist; or

        •       (b) Records may exist but were not located

 

Part 2 – Decision Chain & Governance Responsibility

 

Your response asserts no policy, oversight, or assurance role.

 

Please provide:

        5.      Any documents (including Cabinet papers, RIS, internal
memos, or legal advice) that define or confirm:

        •       The Ministry’s position on trespass notices in schools

        •       The boundary of responsibility between:

        •       School Boards

        •       Ministry of Education

        •       Any other agency (e.g. NZSTA, Teaching Council, Police)

        6.      Any internal discussion, analysis, or advice (since 2015)
regarding:

        •       Risks associated with use or misuse of trespass notices

        •       Impacts on students, parents, or access to education

        •       Potential need for guidance, monitoring, or intervention

 

Part 3 – Oversight Gap Confirmation (Critical)

 

Your response implies a complete absence of oversight in this area.

 

Please confirm whether the Ministry:

        7.      Has ever considered introducing:

        •       Guidance

        •       Monitoring

        •       Reporting mechanisms

        •       Complaint pathways specific to trespass use

        8.      Holds any risk assessments, issue logs, or escalations
relating to:

        •       School exclusion practices

        •       Parent access restrictions

        •       Use of legal mechanisms (including trespass) within school
environments

 

Part 4 – “No Other Agency” Assertion (Challenge to s18(g))

 

You stated there is “no reason to believe the information is held by
another agency or more closely connected with another agency’s functions.”

 

Please provide:

        9.      The basis for this conclusion, including:

        •       Whether any consideration was given to:

        •       New Zealand School Trustees Association (NZSTA)

        •       Teaching Council of Aotearoa New Zealand

        •       Ministry of Justice (trespass legislation interface)

        •       New Zealand Police (enforcement context)

        10.     Any internal record (email, memo, or note) documenting:

 

•       The decision not to transfer the request under s14

 

Part 5 – Recordkeeping & Public Records Act Interface

 

Given the Ministry’s role in the education system, please provide:

        11.     Any record retention / disposal authority references
relevant to:

 

•       School governance issues

        •       Legal or disciplinary actions involving parents or
caregivers

 

12.     Confirmation whether the absence of records reflects:

 

•       (a) No function exists

        •       (b) A function exists but is not recorded or monitored

        •       (c) Records exist but are held outside Ministry systems

 

Clarification of Refusal Grounds

 

If any information falling within the above scope is held, this request
serves as a refinement of scope and should be treated accordingly.

 

If you maintain reliance on s18(g), please ensure your response complies
with:

        •       Ombudsman guidance on search adequacy

        •       Duty to assist under s13

        •       Proper consideration of transfer under s14

 

Purpose of Request

 

This request seeks to clarify whether the Ministry’s position represents:

        •       A genuine absence of information, or

        •       A systemic governance gap in oversight, monitoring, and
accountability

 

Kind regards,

Spencer Jones

 

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