Offical Information Act Eligibility Criteria

Luke Chandler made this Official Information request to Civil Aviation Authority of New Zealand

Response to this request is long overdue. By law Civil Aviation Authority of New Zealand should have responded by now (details and exceptions). You can complain to the Ombudsman.

From: Luke Chandler

Dear Civil Aviation Authority of New Zealand,

Please provide all internal documents and procedures on;

- How the Civil Aviation Authority of New Zealand ("CAA") determines eligibility to make a request under Section 12 of Offical Information Act (the Act)

- How many requests has CAA had that they declined under the basis of not being able to establish eligibility subject to Section 12 of the Act

For the purposes of the Act, I am a New Zealand citizen and residing in New Zealand at the time of making this request. You generally have 20 working days to respond to this notice, as required by law. Your response will be published publicly on the fyi.org.nz website. This request is made inline with the Ombudsman's Requests Made Online documentation.

Yours faithfully,

Luke Chandler

Link to this

From: OIA
Civil Aviation Authority of New Zealand


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17/OIR/209

 

Dear Mr Chandler

Official Information Act 1982 Request

I am writing to acknowledge receipt of your request for information dated
9 May 2017, in which you asked for information concerning the Civil
Aviation Authority’s procedures for establishing eligibility to make a
section 12 request and the number of requests declined due to not being
able to establish eligibility. 

We will endeavour to respond to your request as soon as possible and
before 7 June 2017, being 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 you have any queries, please feel free to contact me on 04-5609472, or
by email on [1][CAA request email].

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.

 

Thanks,

Tom Wheeler | Official Information & Privacy Advisor

Legal Services

Civil Aviation Authority of New Zealand | Aviation Security Service

Te Mana Rererangi Tūmatanui o Aotearoa | Kaiwhakamaru Rererangi

Level 15 | Asteron Centre | 55 Featherston Street | Wellington | 6011

PO Box 3555 | Wellington | 6140

(DDI): (04) 560 9472 (Ext): 4472

[2]image002 (2)  [3]avsecSeal

 

CONFIDENTIALITY NOTICE: This electronic mail transmission is confidential,
may be privileged and should be read or retained only by the intended
recipient. If you have received this transmission in error, please
immediately notify the sender and delete it from your system.

 

show quoted sections

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From: OIA
Civil Aviation Authority of New Zealand


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17/OIR/209

Dear Mr Chandler

Official Information Act 1982 Request

I refer to your request submitted via FYI.org.nz on 9 May 2017 requesting
the Civil Aviation Authority (CAA) provide you with all internal documents
and procedures on:

                how the CAA determines eligibility to make a request under
section 12 of the Official Information Act 1982 (the Act); and

how many requests the CAA has declined under the basis of not being able
to establish eligibility subject to section 12 of the Act.

Eligibility under the Act

The CAA determines eligibility to make a request under section 12 of the
Act using the criteria in section 12(1) of the Act. No internal documents
or procedures exist containing any further direction in determining
eligibility. The following is an excerpt from the OIA procedure:

“A.3       Who Can Make an Official Information Act Request?

The following persons are entitled to make an official information
request:

                             (a)      A New Zealand citizen (whether in
New Zealand or not); or

                             (a)      A permanent resident of New Zealand
(whether in New Zealand or not);or

                            (b)      Any other person who is actually in
New Zealand

                             (c)      A body corporate (e.g. a company or
a trust or incorporated society) that is incorporated in the New Zealand
Companies Office; or

                            (d)      A body corporate which is
incorporated outside New Zealand but which has a place of business in New
Zealand.

If a person making a request does not fall within these categories then
they are not entitled to make the request and CAA has no obligation to
provide any information.”

Requests declined due to not being able to establish eligibility

The CAA receives many requests from persons who are not eligible to make
requests for official information due to the international nature of the
aviation industry. Requests for information are granted at the discretion
of the CAA and a record of the number of requests that are declined is not
kept. A response to your request would require substantial collation by
the CAA and therefore your request is refused in accordance with section
18(f) of the Act.

 

You have the right to make a complaint to the Ombudsman to seek an
investigation and review of our decision to withhold information. The
Ombudsman’s contact details are:

Address:          The Ombudsman

                            Office of the Ombudsmen

                            PO Box 10152

                            Wellington 6143

Phone/Fax:     0800 802 602 / (04) 471 2254

Email:                [1][email address]

Website:          [2]http://www.ombudsman.parliament.nz/make-...

If you have any queries about your request, please contact me at
[3][CAA request email] or on (04) 560 9472.

Thanks,

Tom Wheeler | Official Information & Privacy Advisor

Legal Services

Civil Aviation Authority of New Zealand | Aviation Security Service

Te Mana Rererangi Tūmatanui o Aotearoa | Kaiwhakamaru Rererangi

Level 15 | Asteron Centre | 55 Featherston Street | Wellington | 6011

PO Box 3555 | Wellington | 6140

(DDI): (04) 560 9472 (Ext): 4472

[4]image002 (2)  [5]avsecSeal

 

CONFIDENTIALITY NOTICE: This electronic mail transmission is confidential,
may be privileged and should be read or retained only by the intended
recipient. If you have received this transmission in error, please
immediately notify the sender and delete it from your system.

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Link to this

From: Luke Chandler

Dear Tom,

Please provide a copy of the last 5 requests the Authority refused due to being 'unable to determine
eligibility'.

Yours sincerely,

Luke Chandler

Link to this

From: OIA
Civil Aviation Authority of New Zealand


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Dear Mr Chandler,

 

Would you be able to call me on (04) 560-9472 to discuss the below?

 

Thanks,

Tom Wheeler | Official Information & Privacy Advisor

Legal Services

Civil Aviation Authority of New Zealand | Aviation Security Service

Te Mana Rererangi Tūmatanui o Aotearoa | Kaiwhakamaru Rererangi

Level 15 | Asteron Centre | 55 Featherston Street | Wellington | 6011

PO Box 3555 | Wellington | 6140

(DDI): (04) 560 9472 (Ext): 4472

[1]image002 (2)  [2]avsecSeal

 

CONFIDENTIALITY NOTICE: This electronic mail transmission is confidential,
may be privileged and should be read or retained only by the intended
recipient. If you have received this transmission in error, please
immediately notify the sender and delete it from your system.

show quoted sections

Link to this

From: Luke Chandler

Dear Mr Wheeler,

Happy to give you a call, can you provide some context to what you'd like to discuss prior to me calling, please.

Yours sincerely,

Luke Chandler

Link to this

From: OIA
Civil Aviation Authority of New Zealand


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Dear Mr Chandler,

 

I wanted to discuss your follow up email in the context of your initial
request and the CAA's response to that request.

 

Thanks,

Tom Wheeler | Official Information & Privacy Advisor

Legal Services

Civil Aviation Authority of New Zealand | Aviation Security Service

Te Mana Rererangi Tūmatanui o Aotearoa | Kaiwhakamaru Rererangi

Level 15 | Asteron Centre | 55 Featherston Street | Wellington | 6011

PO Box 3555 | Wellington | 6140

(DDI): (04) 560 9472 (Ext): 4472

[1]image002 (2)  [2]avsecSeal

 

CONFIDENTIALITY NOTICE: This electronic mail transmission is confidential,
may be privileged and should be read or retained only by the intended
recipient. If you have received this transmission in error, please
immediately notify the sender and delete it from your system.

show quoted sections

Link to this

From: Tom Wheeler
Civil Aviation Authority of New Zealand


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Dear Mr Chandler,

 

Unfortunately you did not call concerning your follow up request and did
not provide contact details for me to be able to get in touch with you
directly.

The CAA is refusing your request in accordance with section 18(f) of the
Official Information Act 1982 (OIA).

This reason for refusing is that the CAA does not centrally record
requests that are made by persons ineligible to request information under
the OIA.

Requests for information are received by many different teams in the CAA
and many of those requests do not fall under the OIA due to the
international nature of the aviation industry.

 

Thanks,

Tom Wheeler | Official Information & Privacy Advisor

Legal Services

Civil Aviation Authority of New Zealand | Aviation Security Service

Te Mana Rererangi Tūmatanui o Aotearoa | Kaiwhakamaru Rererangi

Level 15 | Asteron Centre | 55 Featherston Street | Wellington | 6011

PO Box 3555 | Wellington | 6140

(DDI): (04) 560 9472 (Ext): 4472

[1]image002 (2)  [2]avsecSeal

 

CONFIDENTIALITY NOTICE: This electronic mail transmission is confidential,
may be privileged and should be read or retained only by the intended
recipient. If you have received this transmission in error, please
immediately notify the sender and delete it from your system.

 

show quoted sections

Link to this

Things to do with this request

Anyone:
Civil Aviation Authority of New Zealand only: