Dear DHB,

Request 1:
I am writing to request a copy of the your DHB's best practice protocol for the archiving, storage, or biobanking of human tissue for diagnostic purposes, whether they are formalin fixed, paraffin embedded or pathology slides, and the standards, legislation or scientific evidence which provides the basis for your DHB's protocol.

Request 2:
Is your DHB protocol for the archiving, storage, or biobanking of human tissue for diagnostic purposes, whether they are formalin fixed, paraffin embedded or pathology slides, based on a universally adopted standard within NZ or has your DHB determined its own policy.

Request 3:
Please explain the potential hazards of leaving formalin fixed, paraffin embedded or pathology slides in an unsecure, non-temperature and non-humidity regulated environment for 2 months over a NZ summer: say a on an employee's desk which is open to the public and in a repurposed house adjacent to the hospital from mid December to late February.

Request 4:
Please provide me with the name of the independent agency or agencies which provides oversight for your medical laboratory.

Thank you for your assistance in this matter. Please note, I have made this same request to every DHB in NZ in order to ascertain if there is a universal standard within NZ and also to determine if every DHB is familiar with the hazards associated with mishandling of pathology specimens.

Yours faithfully,

Amy S Van Wey Lovatt

Dear Dawne Tuite,

Thank you for responding to my OIA request. Given that your DHB contracts out their pathology services, I respectfully request that your DHB transfer my OIA request to the appropriate agency, pursuant to section 14 of the OIA.

Yours sincerely,

Amy S Van Wey Lovatt

Dear Dawne Tuite,

This is a gentle reminder that I am still waiting for the information I requested in March 2020.

I have been reviewing the interpretation section of the OIA, which states:
(5) Any information held by an independent contractor engaged by any department or Minister of the Crown or organisation in his capacity as such contractor shall, for the purposes of this Act, be deemed to be held by the department or Minister of the Crown or organisation.

Thus, this means that even if SCDHB contracts out their laboratory services, SCDHB is still responsible for providing the information. I will be happy to provide another 5 working days to SCDHB to provide a response to my OIA request to avoid any complaints to the Ombudsman.

Yours sincerely,

Amy S Van Wey Lovatt

Dear Dawne Tuite,

Indeed you did provide a response on 11 Mat 2020, however the reason for refusal was not lawful under the OIA. Specifically, the interpretation section of the OIA, states:
(5) Any information held by an independent contractor engaged by any department or Minister of the Crown or organisation in his capacity as such contractor shall, for the purposes of this Act, be deemed to be held by the department or Minister of the Crown or organisation.

Thus, this means that even if a DHB contracts out their laboratory services, the DHB is still responsible for providing the information. I will be happy to provide another 5 working days to provide a response to my OIA request to avoid any complaints to the Ombudsman.

Yours sincerely,

Amy S Van Wey Lovatt