Printed from https://fyi.org.nz/request/9411-calculation-of-due-dates-under-the-oia on November 05, 2024 21:19

Calculation of due dates under the OIA

Mark Hanna made this Official Information request to New Zealand Post Limited

The request was successful.

From: Mark Hanna

Tēnā koutou,

I have recently looked at a few requests for official information that have been received by NZ Post using the website fyi.org.nz, which makes both the requests and their responses publicly available. In some of these requests, I have seen that NZ Post has incorrectly calculated the due date of the request.

For example, in this request received by NZ Post on 2019-01-03, the original due date would have been 2019-02-13 but NZ Post told the requester that the due date was 2019-02-14: https://fyi.org.nz/request/9332-complain...

After that request was clarified on 2019-01-15, section 15(1AA) of the OIA entitled NZ Post to treat it as a new request, which would be due on 2019-02-13, but NZ Post told the requester that the due date was 2019-02-15.

In an earlier request, received by NZ Post on 2017-04-16, the due date under the OIA was 2017-05-16, but NZ Post told the requester that the due date was 2018-05-18: https://fyi.org.nz/request/5735-paxster-...

Please release the following information:

1. Any guideline, policy, or similar documents regarding how the due dates of OIA requests received by NZ Post should be calculated.
2. If no such documents exist, please describe the process through which the due dates of OIA requests received by NZ Post are calculated.
3. Any records of how the due dates of the requests I used as examples were calculated.

Please provide this information in an accessible, searchable format.

I hope that, in addition to releasing this information, NZ Post will review their process for how the due dates of OIA requests are calculated to ensure that it aligns with the requirements of the Act.

If any part of my request is unclear, please don't hesitate to contact me.

Ngā mihi,
Mark Hanna

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From: Oia Officer
New Zealand Post Limited

HI Mark
We acknowledge receipt of your request and will get back to you in due course.

OIA Officer
This email with any attachments is confidential and may be subject to legal privilege. If it is not intended for you please reply immediately, destroy it and do not copy, disclose or use it in any way.

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From: Oia Officer
New Zealand Post Limited

Hi Mark
You have asked for:

1. Any guideline, policy, or similar documents regarding how the due dates of OIA requests received by NZ Post should be calculated.
2. If no such documents exist, please describe the process through which the due dates of OIA requests received by NZ Post are calculated.
3. Any records of how the due dates of the requests I used as examples were calculated.

We respond as follows:
1. We do not have a particular process or guideline relating to how due dates are to be calculated
2. We use a publicly available business days calculator and manually exclude the exclusions from the Official Information Act definition of 'working day' to the extent required (ie the Monday following a weekend Waitangi Day or ANZAC Day, and Christmas Day to 15 January)
3. We do not keep records of due date calculations. We have checked the calculation for https://fyi.org.nz/request/9332-complain... and note that this was incorrect as Auckland Anniversary Day was inadvertently excluded from the count, but note that 15 January is not included in the count under the OIA definition. We have adjusted our records accordingly. We note that the Act allows for 20 working days after the day of receipt, so that day itself is not included in the count.

You have the right to complain to the Ombudsman under the Official Information Act to seek an investigation and review of our decision to the extent your request is refused.

OIA Officer

This email with any attachments is confidential and may be subject to legal privilege. If it is not intended for you please reply immediately, destroy it and do not copy, disclose or use it in any way.

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From: Mark Hanna

Kia ora,

Thank you very much for getting back to me so quickly. I think this is the fastest response to an OIA request I have ever had from any agency, so I really appreciate that.

If it makes things easier for those of you at NZ Post who are involved in handling OIA requests, and assuming you aren't already aware of it, you might find the OIA and LGOIMA Response Calculator tool on the homepage of the Ombudsman website to be useful. You can find it on the left hand side of the page: http://www.ombudsman.parliament.nz/

Ngā mihi,
Mark Hanna

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From: Oia Officer
New Zealand Post Limited

Thanks Mark - we were aware of the calculator and I see that it does work for our purposes now. Will point to that in our process.

OIA Officer

This email with any attachments is confidential and may be subject to legal privilege. If it is not intended for you please reply immediately, destroy it and do not copy, disclose or use it in any way.

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