Official Information Act 1982 Request - Gender-Inclusive Language Guidance and Application to Public-Facing Health Communications
Penny Claridge made this Official Information request to Public Service Commission
Currently waiting for a response from Public Service Commission, they must respond promptly and normally no later than (details and exceptions).
From: Penny Claridge
Dear Public Service Commission,
I write pursuant to the Official Information Act 1982 (OIA) to request information held by Te Kawa Mataaho | Public Service Commission (the Commission). I am an investigative journalist acting in the public interest under the name Penny Marie NZ. My reporting focuses on public accountability and the administration of public health policy in New Zealand.
This request is one of three complementary OIA requests filed as part of a coordinated public-interest inquiry. A primary OIA has been filed with Health New Zealand | Te Whatu Ora regarding the January 2024 rainbow cervical screening campaign materials HE1191 and HE1192, which replaced the terms "women" and "female" with "people with a cervix." This secondary request is directed to the Commission to establish whether any whole-of-government guidance, standard, or directive issued by the Commission required or recommended the removal of sex-based language from public-facing government health communications - as distinct from internal employment or workplace policies.
I note the following relevant legislative and policy context: section 75 of the Public Service Act 2020 requires chief executives to foster inclusive workplaces; and guidance published on Digital.govt.nz under the heading "Gender-inclusive language" instructs government agencies to use gender-neutral language and to "not reference gender unless absolutely necessary." It is a matter of public interest to understand whether such guidance was intended to apply to clinical or health-promotion materials addressing sex-specific conditions.
Part 1: Whole-of-Government Language Guidance
1.1 Guidance, Circulars and Standards
Please provide:
All guidance notes, circulars, standards or directives issued by the Commission between 1 January 2018 and 31 January 2024 that recommended or required the use of gender-neutral or gender-inclusive language in public-facing government communications (as opposed to internal HR or employment policies).
All documentation relating to whether the Digital.govt.nz inclusive language guidance (under the heading "Gender-inclusive language") was developed by or in consultation with the Commission, including any records of the development process, drafting history, inter-agency consultation, or approval process.
Any guidance issued by the Commission specifically addressing when sex-based language (e.g. "women," "female") should be retained, as opposed to replaced, in health or medical communications targeting sex-specific conditions or populations.
Part 2: Public Service Act 2020 - Application to Public-Facing Communications
2.1 Legal and Policy Advice
Please provide:
Any formal advice, legal opinion, or guidance issued by the Commission on whether section 75 of the Public Service Act 2020 (relating to inclusive workplaces) applies to the content of public-facing communications, as opposed to internal workplace policies.
Any briefing papers or correspondence between the Commission and Health New Zealand | Te Whatu Ora (or its predecessor, the Ministry of Health) regarding the application of gender-inclusive language standards to public health communications, covering the period 1 January 2020 to 31 January 2024.
Part 3: Rainbow Tick and Accreditation Schemes
3.1 Formal Endorsement and Interaction with Communications Content
Please provide:
Any documentation indicating whether the Commission has formally endorsed, recommended, or required Rainbow Tick accreditation (or any equivalent LGBTQ+ accreditation scheme) for public service agencies.
Any guidance issued by the Commission on how Rainbow Tick or similar accreditation standards interact with the content of public-facing government communications.
Any documentation of complaints or reviews received by the Commission relating to the use or removal of sex-based language in government public health materials.
Part 4: Decision-Making Accountability
4.1 Consultation on Cervical Screening Communications
Please provide:
Any records indicating whether the Commission was consulted by Health New Zealand or the Ministry of Health on the language used in the 2023/2024 national cervical screening programme communications, specifically including materials HE1191 and HE1192.
Any correspondence between the Commission and Health New Zealand on the use of gender-inclusive language in health promotion materials, for the period 1 January 2022 to 31 January 2024.
Statutory Matters
Response timeframe: I note that section 15(1) of the Official Information Act 1982 requires that this request be responded to as soon as reasonably practicable, and no later than 20 working days after receipt. Should the Commission require an extension of time under section 15A, I ask that I be notified as soon as possible, with reasons.
Reasons for withholding: Should any information be withheld, I request that the Commission provide the specific grounds for withholding under the OIA, and I note my right to seek reasons under section 19 of the Act and to make a complaint to the Ombudsman under section 28.
Format of response: I request that documents be provided in electronic format (PDF or Word) wherever possible. Where a document is voluminous, a schedule of documents with descriptive metadata would be acceptable as a first step.
I am happy to discuss the scope of this request if that would assist the Commission in processing it efficiently.
Kind regards,
Penny Marie
Investigative Journalist
From: Enquiries
Public Service Commission
Kia ora Penny
I am writing to acknowledge receipt of
your OIA request below.
We will endeavour to respond to your
request as soon as possible and in any event no later than 20 working days
after the day your request was received. If we are unable to respond to
your
request by then, we will notify you of an extension of that timeframe.
If any additional factors come to light
which are relevant to your request, please do not hesitate to contact us
so
that these can be taken into account.
Our letter notifying
you of our decision on your request will confirm if we intend to publish
the
letter (with your personal details removed) and any related documents on
the Te
Kawa Mataaho Public Service Commission’s website.
Ngâ mihi nui
Enquiries Team
îmçra: [email address]
Public Service Commission Te Kawa Mataaho
www.publicservice.govt.nz | www.govt.nz
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From: Enquiries
Public Service Commission
Kia ora Penny
I am writing to acknowledge receipt of your OIA request below.
We will endeavour to respond to your request as soon as possible and in any event no later than 20 working days
after the day your request was received. If we are unable to respond to your request by then, we will notify you of an extension of that timeframe.
If any additional factors come to light which are relevant to your request, please do not hesitate to contact us so
that these can be taken into account.
Our letter notifying you of our decision on your request will confirm if we intend to publish the
letter (with your personal details removed) and any related documents on the Te Kawa Mataaho Public Service Commission’s website.
Ngâ mihi nui
Enquiries Team
îmçra: [email address]
Public Service Commission Te Kawa Mataaho
http://www.publicservice.govt.nz/ | http://www.govt.nz/
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Things to do with this request
- Add an annotation (to help the requester or others)
- Download a zip file of all correspondence (note: this contains the same information already available above).
