The Vogel Centre | 19 Aitken Street
DX SX10088 | Wellington
T : 04 918 8800 |
F: 04 918 8820
E: [email address] |
W: www.justice.govt.nz
11 March 2016
Alex Harris
c/o fyi.org.nz
Dear Alex
Review of the Ministry of Justice Official Information Act 1982 charging guidelines
I refer to your request of 17 February 2016 requesting, under the Official Information Act
1982 (OIA), “al advice and communications on [the review of the OIA charging regime]”.
A review of the charging guidelines, as you note in your request, is in its very early
stages. No advice has been developed. The Ministry of Justice has, however, held a
cross-government Official Information Forum (the Forum) workshop (on 3 December
2015) which will contribute to the review.
The Forum is a 2014 Cabinet mandated initiative designed to encourage consistent
administration of the OIA, improve access to information of public interest, and reduce
the burden of responding to official information requests. As well as being an
opportunity for experienced OIA practitioners to share best practice and develop
practical solutions for shared issues, the Forum has also produced a number of
guidelines to assist public servants. These can be viewed at:
www.justice.govt.nz/publications/global-publications/p/processing-a-basic-oia-
request
http://www.justice.govt.nz/publications/global-publications/r/responding-to-large-and-
broadly-defined-requests/
www.justice.govt.nz/publications/global-publications/c/contacting-people-who-have-
requested-information-under-oia
The workshop was an opportunity to critique the current charging guidelines, and
explore how they might be revised to ensure charging is carried out appropriately. The
workshop discussed, for example, properly situating the practice of charging in the
context of a range of tools designed to assist with responding to large requests, and
what a reasonable threshold for charging might be.
Attached are emails and other materials relating to the workshop. The table below
summarises these documents. Officials’ names have been redacted under section
9(2)(a) of the OIA – to protect the privacy of natural persons. Some information is also
redacted because it is outside the scope of your request.
Document Date
Description
#
1
6 October
Email informing cross-government Official Information
2015
Forum of 3 December 2015 workshop on reviewing the
charging guidelines
2
4 November
Email informing cross-government Official information
2015
Forum of general approach to 3 December 2015 workshop
3
1 & 2
Emails to cross-government Official Information Forum
December
providing more information about 3 December meeting and
2015
workshop
4
2 December
Reviewing the charging guidelines: workshop summary
2015
5
2 December
Reviewing the charging guidelines: workshop facilitator
2015
notes
6
2 December
Background material: Law Commission’s recommended
2015
objectives of a revised charging framework
7
3 December
Reviewing the charging guidelines: Group worksheet 1
2015
8
3 December
Reviewing the charging guidelines: Group worksheet 2
2015
While releasing materials related to the workshop, the content recorded during the
workshop itself is withheld under section 9(2)(g)(i) of the OIA – to maintain the effective
conduct of public affairs through the free and frank expression of opinions between
employees of any department in the course of their duty. Releasing the contributions of
various government officials before the review is concluded may prejudice the review’s
final outcome.
You have the right under section 28(3) of the OIA to complain to the Ombudsman about
the decisions made in relation to your request.
Yours sincerely
Chris Hubscher
Manager, Electoral and Constitutional