LGBTI in Census

Jem Traylen made this Official Information request to Statistics New Zealand

The request was successful.

From: Jem Traylen

Dear Statistics New Zealand,

1) Please provide a copy of all advice provided to ministers regarding collecting data on sexual orientation, gender identity and/or expression and sexual characteristics (I.e. intersex conditions) in Census 2018.

2) Please provide a copy of all advice to the Chief Statistician regarding the decision to exclude the above from Census 2018.

I trust that this request is reasonably straightforward and I would be happy to clarify any aspect of it for you.

Yours faithfully,

Jem Traylen
Rainbow Wellington

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From: Info Mailin - Shared Mailbox
Statistics New Zealand

 

Thank you for contacting Statistics New Zealand.

We will respond to your enquiry within 2 working days.
If your enquiry is urgent, please call us on 0508 525 525.

Regards

Information Centre Team
Statistics New Zealand Tatauranga Aotearoa

 

Kind regards,

Information Centre.  

Statistics New Zealand Tatauranga Aotearoa

 

 

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From: Jarrod Williams
Statistics New Zealand


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Dear Jem,

 

I am writing to acknowledge receipt of your official information request
dated 3 February 2018 for the following:

 

·       a copy of all advice provided to ministers regarding collecting
data on sexual orientation, gender identity and/or expression and sexual
characteristics (I.e. intersex conditions) in Census 2018

·       a copy of all advice to the Chief Statistician regarding the
decision to exclude the above from Census 2018.

 

We received your request on 3 February 2018. We will endeavour to respond
to your request as soon as possible and in any event no later than 5 March
2018, 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.

 

Your request is being handled by myself, Jarrod Williams, in the Office of
the Government Statistician and Chief Executive. If you have any queries,
please feel free to contact me using the details in the signature below.
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.

 

Nāku iti noa, nā,

 

Jarrod Williams
Advisor – Office of the Government Statistician and Chief Executive |
Kaiwhakamaherehere – Tari o te Kaitatau a te Kāwanatanga me te Tumuaki
Stats NZ Tatauranga Aotearoa
DDI +64 4 931 4943 | +64 21 731 316 | [1]stats.govt.nz

 

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From: Jarrod Williams
Statistics New Zealand


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Attachment OIA0037 MM1728 2018 Census.pdf
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Attachment OIA0037 Rainbow Parliamentary Network Briefing.pdf
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Attachment OIA0037 Traylen Advice provided to the GS and Minister regarding gender....pdf
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Attachment OIA0037 Understanding gender and sexuality through the Census.pdf
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Attachment OIA0037 Aide memoire 2018 Census Content Decisions.pdf
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Good morning,

 

Please find attached the response to your OIA request dated 3 February
2018.

 

Nāku iti noa, nā,

 

Jarrod Williams
Advisor – Office of the Government Statistician and Chief Executive |
Kaiwhakamaherehere – Tari o te Kaitatau a te Kāwanatanga me te Tumuaki
Stats NZ Tatauranga Aotearoa
DDI +64 4 931 4943 | +64 21 731 316 | [1]stats.govt.nz

 

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From: Jarrod Williams
Sent: Wednesday, 7 February 2018 8:09 AM
To: '[FOI #7209 email]'
<[FOI #7209 email]>
Subject: RE: Official Information request - LGBTI in Census

 

Dear Jem,

 

I am writing to acknowledge receipt of your official information request
dated 3 February 2018 for the following:

 

·       a copy of all advice provided to ministers regarding collecting
data on sexual orientation, gender identity and/or expression and sexual
characteristics (I.e. intersex conditions) in Census 2018

·       a copy of all advice to the Chief Statistician regarding the
decision to exclude the above from Census 2018.

 

We received your request on 3 February 2018. We will endeavour to respond
to your request as soon as possible and in any event no later than 5 March
2018, 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.

 

Your request is being handled by myself, Jarrod Williams, in the Office of
the Government Statistician and Chief Executive. If you have any queries,
please feel free to contact me using the details in the signature below.
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.

 

Nāku iti noa, nā,

 

Jarrod Williams
Advisor – Office of the Government Statistician and Chief Executive |
Kaiwhakamaherehere – Tari o te Kaitatau a te Kāwanatanga me te Tumuaki
Stats NZ Tatauranga Aotearoa
DDI +64 4 931 4943 | +64 21 731 316 | [5]stats.govt.nz

 

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Mark Hanna left an annotation ()

The Ombudsman's guidance note on section 9(2)(g)(ii) of the OIA notes that:

"If the section is to apply, there must not only be a reasonable likelihood of improper pressure or harassment, but a link must be made between the anticipated behaviour, the impact upon the person to whom it is directed, and the effective conduct of public affairs."

http://www.ombudsman.parliament.nz/syste...

I think it seems unlikely that Statistics New Zealand holds this position in this case, regarding the redactions they have made here. That would mean these redactions are not justified under section 9(2)(g)(ii) of the OIA.

Redacting contact details like phone numbers might well be justified under another section of the OIA, such as the privacy provisions under section 9(2)(a). However, I think it's unlikely that withholding the name of a public official, as Statistics New Zealand has done for the secondary author of the Introductory briefing to the Minister of Statistics on the 2018 Census, would be justified in this way.

If you think this information should be released, I think you'd be justified in laying a complaint with the Ombudsman on those grounds.

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