Vote Health - recent briefings
Jem Traylen made this Official Information request to The Treasury
The request was refused by The Treasury.
From: Jem Traylen
Dear Treasury,
Thank you for your response to my February 15 request ('List of all briefings etc')
We are requesting a copy of the reports listed as items 2,3 and 4 listed in that response.
This is an urgent request (in terms of the Act) as we wish to make submissions on the Budget. Given the delays that we have experienced in getting access to official information, this is now a very urgent request.
We also observe the very high level of interest in Vote Health 2018/19 given recent statements by the Prime Minister and public reaction.
We ask that you take this into consideration in making your response and consult me should your response time likely to take more than a few working days.
If it would significantly speed up your response our priority is item 2 followed by 4, then 3.
Nga mihi/kind regards
Mx Jem Traylen
Rainbow Wellington
From: Jean McDowall [TSY]
The Treasury
[IN-CONFIDENCE]
Dear Jem
Please find attached an acknowledgement of your Official Information Act
request. We are working to reply to your request as soon as is practical.
Regards
Jean McDowall | Ministerial Advisor | Ministerial Advisory Service |The
Treasury - Te Kaitohutohu Kaupapa Rawa | 04 917 7227 |
[1][email address]
[IN-CONFIDENCE]
[2]Logo.tif
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only for the addressee(s), and may also be legally privileged. If you are
not an intended addressee:
a. please immediately delete this email and notify the Treasury by return
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b. any use, dissemination or copying of this email is strictly prohibited
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From: Ministerial Services Inbox [TSY]
The Treasury
Dear Mr Traylen
Please find attached a response from the Treasury regarding your Official
Information Act request.
Kind regards
Cheryl Robb | MAS Team Assistant | The Treasury
Tel: +64 4 917 6101 | [1][email address]
CONFIDENTIALITY NOTICE
The information in this email is confidential to the Treasury, intended
only for the addressee(s), and may also be legally privileged. If you are
not an intended addressee:
a. please immediately delete this email and notify the Treasury by return
email or telephone (64 4 472 2733);
b. any use, dissemination or copying of this email is strictly prohibited
and may be unlawful.
[UNCLASSIFIED]
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1. mailto:[email address]
From: Jem Traylen
Tena koe e te Rangatira,
I felt demeaned by your assumption I should be called 'Mr'. I am a woman and go by the honorific 'Mx'. I shall be informing the Cross Agency Rainbow Network of your sloppy work in this regard.
I felt essentially the same way by your ill-considered response. There is no sense in which ministers could be construed to be actively considering such early advice, at this late stage of the Budget process, and in any case, there is the considerable public interest which you appear to be deliberately frustrating by delaying a release until public interest in the Budget debate has well and truly concluded.
If my assessment of your conduct is correct, then I submit that you are failing to meet your obligations in terms of the State Sector Code of Conduct.
You have 1 business day to release the papers or I will be lodging a complaint with the Ombudsman. If they find in my favour I will be following up with a conduct complaint.
I would be open to discussing the matter further.
Nga mihi
Mx Jem Traylen
Rainbow Wellington
From: David Hammond [TSY]
The Treasury
Dear Jem,
We unreservedly apologise for the inappropriate use of Mr in the email. I can assure there was no intention to offend. Simply human error on a busy day (this does not excuse it, but it is a honest explanation). The Treasury has an active Rainbow group and takes diversity extremely seriously. As someone with a disability I can personally vouch for the seriousness with which it takes diversity.
The fact I am happy to be open about my dyslexia and dyspraxia should be an indication of the way diversity is encouraged and supported at the Treasury; in my case I am acutely aware that there is an entire generation of young people who need to be told its okay to be different, who's early experiences of life aren't always the best (if you have heard of the experiences that young dyslexics and dyspraxics have in the education system I can personally vouch for their validity). It is fair to say having a Master's degree from the London School of Economics makes it a whole lot easier than it is for most people to be open about such things (but with such privilege comes real and significant responsibility).
As for your complaint regarding the substance of the response, taking a complaint to the Ombudsman is the appropriate avenue if you disagree with our response. Though I will point you towards advice the Ombudsman has provided regarding the Budget and OIAs http://www.ombudsman.parliament.nz/syste... this speaks directly to Budget information and the OIA at the top of page six.
Yours sincerely
David Hammond
David Hammond | Senior Ministerial Advisor | Ministerial Advisory Service |The Treasury - Te Kaitohutohu Kaupapa Rawa | 04 917 6099 |
[email address]
[IN-CONFIDENCE]
CONFIDENTIALITY NOTICE
The information in this email is confidential to the Treasury, intended only for the addressee(s), and may also be legally privileged. If you are not an intended addressee:
a. please immediately delete this email and notify the Treasury by return email or telephone (64 4 472 2733);
b. any use, dissemination or copying of this email is strictly prohibited and may be unlawful.
-----Original Message-----
From: Camilla Andersen [TSY] On Behalf Of Ministerial Services Inbox [TSY]
Sent: Tuesday, 15 May 2018 3:05 PM
To: David Hammond [TSY] <[email address]>
Cc: Anabelle Alis [TSY] <[email address]>
Subject: FW: Official Information Act request
-----Original Message-----
From: Jem Traylen <[FOI #7611 email]>
Sent: Tuesday, 15 May 2018 3:00 PM
To: Ministerial Services Inbox [TSY] <[email address]>
Subject: Re: Official Information Act request
Tena koe e te Rangatira,
I felt demeaned by your assumption I should be called 'Mr'. I am a woman and go by the honorific 'Mx'. I shall be informing the Cross Agency Rainbow Network of your sloppy work in this regard.
I felt essentially the same way by your ill-considered response. There is no sense in which ministers could be construed to be actively considering such early advice, at this late stage of the Budget process, and in any case, there is the considerable public interest which you appear to be deliberately frustrating by delaying a release until public interest in the Budget debate has well and truly concluded.
If my assessment of your conduct is correct, then I submit that you are failing to meet your obligations in terms of the State Sector Code of Conduct.
You have 1 business day to release the papers or I will be lodging a complaint with the Ombudsman. If they find in my favour I will be following up with a conduct complaint.
I would be open to discussing the matter further.
Nga mihi
Mx Jem Traylen
Rainbow Wellington
-----Original Message-----
Dear Mr Traylen
Please find attached a response from the Treasury regarding your Official Information Act request.
Kind regards
Cheryl Robb | MAS Team Assistant | The Treasury
Tel: +64 4 917 6101 | [1][email address]
CONFIDENTIALITY NOTICE
The information in this email is confidential to the Treasury, intended only for the addressee(s), and may also be legally privileged. If you are not an intended addressee:
a. please immediately delete this email and notify the Treasury by return email or telephone (64 4 472 2733);
b. any use, dissemination or copying of this email is strictly prohibited and may be unlawful.
[UNCLASSIFIED]
References
Visible links
1. mailto:[email address]
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Please use this email address for all replies to this request:
[FOI #7611 email]
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From: Jem Traylen
Tena koe David [TSY],
Thank you for your prompt and fulsome response. I accept your gracious apology re the honorific error.
Regarding the substantive issue and your reference to page six: in the immortal word of one of your previous MOFs - "So?"
I refer you to the advice on pp7-10, which suggests it's highly unlikely that Treasury may lawfully withhold the documents, at least in their entirety, for as long as proposed.
I will hold off lodging a complaint if you need time to carefully reconsider your decision.
Nga mihi/Kind regards
Mx Jem Traylen
Rainbow Wellington
From: David Hammond [TSY]
The Treasury
Dear Jem,
Thank you for your email. My apologies for the delay in getting back to you. I don't think you are going to like my response, but I do believe in providing giving people direct and honest responses.
There has been a convention that Budget related documents are not released prior to the Budget because until a policy has actually announced there is the potential for changes to be made or polices withdrawn. If a policy is withdrawn, there is the potential for it to be considered in future Budget bids, therefore, it is still considered to be under consideration until it is announced.
It is also a convention that holds for decisions outside the Budget process. In essence the convention ensures officials can provide free and frank advice while decisions are made in the knowledge that once decisions are made, the advice could end up in the public arena.
Essentially, the view has been that the public interest is served by providing officials and Ministers space to vigorously explore policy ideas before they are implemented or not implemented as the case may be (in practical terms it means the focus of the documents is on providing free and frank advice to Ministers rather than trying to achieve popularity in the public arena during the during the decision making process).
I know this is not the answer you were looking for but I hope this provides you with some context as to our thinking.
Yours sincerely,
David Hammond
David Hammond | Senior Ministerial Advisor | Ministerial Advisory Service |The Treasury - Te Kaitohutohu Kaupapa Rawa | 04 917 6099 |
[email address]
[IN-CONFIDENCE]
CONFIDENTIALITY NOTICE
The information in this email is confidential to the Treasury, intended only for the addressee(s), and may also be legally privileged. If you are not an intended addressee:
a. please immediately delete this email and notify the Treasury by return email or telephone (64 4 472 2733);
b. any use, dissemination or copying of this email is strictly prohibited and may be unlawful.
-----Original Message-----
From: Jem Traylen <[FOI #7611 email]>
Sent: Tuesday, 15 May 2018 6:36 PM
To: David Hammond [TSY] <[email address]>
Subject: RE: Official Information Act request
Tena koe David [TSY],
Thank you for your prompt and fulsome response. I accept your gracious apology re the honorific error.
Regarding the substantive issue and your reference to page six: in the immortal word of one of your previous MOFs - "So?"
I refer you to the advice on pp7-10, which suggests it's highly unlikely that Treasury may lawfully withhold the documents, at least in their entirety, for as long as proposed.
I will hold off lodging a complaint if you need time to carefully reconsider your decision.
Nga mihi/Kind regards
Mx Jem Traylen
Rainbow Wellington
-----Original Message-----
Dear Jem,
We unreservedly apologise for the inappropriate use of Mr in the email. I can assure there was no intention to offend. Simply human error on a busy day (this does not excuse it, but it is a honest explanation). The Treasury has an active Rainbow group and takes diversity extremely seriously. As someone with a disability I can personally vouch for the seriousness with which it takes diversity.
The fact I am happy to be open about my dyslexia and dyspraxia should be an indication of the way diversity is encouraged and supported at the Treasury; in my case I am acutely aware that there is an entire generation of young people who need to be told its okay to be different, who's early experiences of life aren't always the best (if you have heard of the experiences that young dyslexics and dyspraxics have in the education system I can personally vouch for their validity). It is fair to say having a Master's degree from the London School of Economics makes it a whole lot easier than it is for most people to be open about such things (but with such privilege comes real and significant responsibility).
As for your complaint regarding the substance of the response, taking a complaint to the Ombudsman is the appropriate avenue if you disagree with our response. Though I will point you towards advice the Ombudsman has provided regarding the Budget and OIAs http://www.ombudsman.parliament.nz/syste... this speaks directly to Budget information and the OIA at the top of page six.
Yours sincerely
David Hammond
David Hammond | Senior Ministerial Advisor | Ministerial Advisory Service |The Treasury - Te Kaitohutohu Kaupapa Rawa | 04 917 6099 | [email address] [IN-CONFIDENCE]
CONFIDENTIALITY NOTICE
The information in this email is confidential to the Treasury, intended only for the addressee(s), and may also be legally privileged. If you are not an intended addressee:
a. please immediately delete this email and notify the Treasury by return email or telephone (64 4 472 2733); b. any use, dissemination or copying of this email is strictly prohibited and may be unlawful.
-------------------------------------------------------------------
Please use this email address for all replies to this request:
[FOI #7611 email]
Disclaimer: This message and any reply that you make will be published on the internet. Our privacy and copyright policies:
https://fyi.org.nz/help/officers
If you find this service useful as an Official Information officer, please ask your web manager to link to us from your organisation's OIA or LGOIMA page.
-------------------------------------------------------------------
hide quoted sections
From: Jem Traylen
Tena koe David,
Thank you for your polite and timely response. It does not appear that you carefully considered the guidance from the Ombudsman in the very document that you quoted to me.
I will not be continuing this futile correspondence - the matter now lies with the Ombudsman.
Nga mihi
Jem
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