Decision-Making Records
Phillip Fry made this Official Information request to Ministry of Education
This request has been withdrawn by the person who made it. There may be an explanation in the correspondence below.
From: Phillip Fry
Dear Ministry of Education,
Tēnā koutou,
I am writing to request information under the Official Information Act 1982.
In a previous response, the Ministry advised that decisions relating to SMART were documented through formal, official channels and that no emails or meeting notes were identified as in scope.
To clarify this position, I request:
1. Confirmation of whether any emails, meeting notes, aide memoires, draft advice, or other informal communications were created, received, or held by the Ministry that relate to the development, discussion, or testing of advice or decisions regarding the SMART procurement and implementation.
For clarity, this request includes information regardless of whether it was later formalised into official advice.
2. If such information exists, confirmation of that fact. I am not requesting copies of the material at this stage.
3. If no such information exists, confirmation that no such records were created or retained in relation to these decision-making processes.
This request is limited to confirming the existence of such information and does not seek the content of any documents.
Ngā mihi,
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.
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From: Enquiries National
Ministry of Education
[UNCLASSIFIED]
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 8 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.
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 | TW
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
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From: Enquiries National
Ministry of Education
[IN-CONFIDENCE - RELEASE EXTERNAL]
Kia ora Phillip
OIA: 47609 – Confirmation of information held regarding SMART
We refer to your email of 9 April 2026 to the Ministry of Education (the
Ministry) requesting the following:
1. Confirmation of whether any emails, meeting notes, aide memoires, draft
advice, or other informal communications were created, received, or held
by the Ministry that relate to the development, discussion, or testing of
advice or decisions regarding the SMART procurement and implementation.
For clarity, this request includes information regardless of whether it
was later formalised into official advice.
2. If such information exists, confirmation of that fact. I am not
requesting copies of the material at this stage.
3. If no such information exists, confirmation that no such records were
created or retained in relation to these decision-making processes.
This request is limited to confirming the existence of such information
and does not seek the content of any documents.
The Ministry does not consider your request constitutes a request for
official information, nor do we consider that it is specified with due
particularity as required under the Official Information Act 1982 (the
Act).
As it stands, our interpretation of question one could cover all
information held by the Ministry relating to SMART and its procurement and
implementation over an indeterminate timeframe. From the Ministry’s
response to your previous requests under the Act, it is clear that
information is held by the Ministry regarding the procurement and
implementation of SMART. However, in order to formulate a response to your
request, the Ministry would be required to collate the information and
evaluate and form an opinion on its contents. We note this is not required
under the Act.
As noted in the Ministry’s response to your previous request for
information (Reference 47297), the Ministry’s decision to proceed with
SMART was documented through formal channels rather than informal
communications. As such, no emails or meeting notes were identified as in
scope of your request and a link to the Cabinet Minute of Decision
to proceed with SMART was also supplied to you.
As we are unable to respond to your request as stated under the Act, we
would be willing to consider a further request refined or clarified with
due particularity.
Nâku noa, nâ
Official and Parliamentary Information | Ministry of Education | AM
[1]education.govt.nz
He mea târai e mâtou te mâtauranga kia rangatira ai, kia mana taurite ai
ôna huanga
We shape an education system that delivers equitable and excellent
outcomes
[2][IMG]
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From: Phillip Fry
Dear Enquiries National,
Thank you for your response of 15 April 2026 regarding OIA 47609.
I am clarifying my request to address your concerns regarding due particularity and the formation of opinion. I am not requesting an evaluation of the content of documents, nor am I seeking the documents themselves at this stage.
I request confirmation of whether the Ministry holds any records, created between 1 January 2024 and the date of this request, that relate to the development, discussion, or testing of advice or decisions regarding the procurement and implementation of SMART, within the following categories:
Emails (including attachments)
Meeting minutes or internal meeting notes
Aide memoires
Draft advice
For the avoidance of doubt, this is a request for confirmation of whether records of these types are held. This request is independent of any previous “in scope” determinations made for prior requests.
If no such records are held within one or more of these categories, please confirm that.
Yours sincerely,
Phillip Fry
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 14 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,
Thank you for your response of 15 April 2026 regarding OIA 47609.
I am clarifying my request to address your concerns regarding due
particularity and the formation of opinion. I am not requesting an
evaluation of the content of documents, nor am I seeking the documents
themselves at this stage.
I request confirmation of whether the Ministry holds any records, created
between 1 January 2024 and the date of this request, that relate to the
development, discussion, or testing of advice or decisions regarding the
procurement and implementation of SMART, within the following categories:
Emails (including attachments)
Meeting minutes or internal meeting notes Aide memoires Draft advice
For the avoidance of doubt, this is a request for confirmation of whether
records of these types are held. This request is independent of any
previous “in scope” determinations made for prior requests.
If no such records are held within one or more of these categories, please
confirm that.
Yours sincerely,
Phillip Fry
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From: Enquiries National
Ministry of Education
[IN-CONFIDENCE - RELEASE EXTERNAL]
Tçnâ koe Phillip
We refer to your email of 15 April 2026 to the Ministry of Education (the
Ministry) as follows:
I am clarifying my request to address your concerns regarding due
particularity and the formation of opinion. I am not requesting an
evaluation of the content of documents, nor am I seeking the documents
themselves at this stage.
I request confirmation of whether the Ministry holds any records, created
between 1 January 2024 and the date of this request, that relate to the
development, discussion, or testing of advice or decisions regarding the
procurement and implementation of SMART, within the following categories:
· Emails (including attachments)
· Meeting minutes or internal meeting notes
· Aide memoires
· Draft advice
For the avoidance of doubt, this is a request for confirmation of whether
records of these types are held. This request is independent of any
previous “in scope” determinations made for prior requests.
If no such records are held within one or more of these categories, please
confirm that.
On 15 April 2026, the Ministry advised that your previous request,
reference GEMS-47609, did not constitute a request for official
information, nor was it specified with due particularity as regards the
specific area of this broad topic you are requesting, as required under
the Official Information Act 1982.
While you have now supplied a timeframe and have amended the categories of
information, your request otherwise appears to remain unchanged. As such,
we refer you to the Ministry’s response of 15 April 2026 to your previous
request, reference GEMS-47609.
We consider that any further, repeated requests of this nature may be
considered vexatious.
If there is specific information or documentation regarding the
development and implementation of SMART that you are interested in,
additional to the information already supplied to you, the Ministry would
be willing to consider a request for this information, specified with due
particularity.
Nâku noa, nâ,
Official and Parliamentary Information | Ministry of Education | ED
[1]education.govt.nz
He mea târai e mâtou te mâtauranga kia rangatira ai, kia mana taurite ai
ôna huanga
We shape an education system that delivers equitable and excellent
outcomes
[2][IMG]
show quoted sections
From: Phillip Fry
Dear Enquiries National,
I withdraw this request.
Yours sincerely,
Phillip Fry
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