/ December 6, 2020/ Uncategorized

The originator must determine whether information being generated is official information (intended for use as an official record) and whether that information is sensitive or security classified.. Requirement 2. There is nothing in the legislation which says that MPs and parliamentary research units cannot be charged for the supply of official information. "from July 2015 until the most recent month for which data is available". If it's already publicly available, the agency should tell you You could also ask the agency to help you to refine your request. 8.38The Office of the Ombudsman can provide training to agencies about the Official Information Act. This document is both a guide and a reference for OIA users. 8.65 The information holder has a public duty to observe an Ombudsman’s recommendation after 20 working days from receiving the recommendation. The procedures for reviews are set out in Part 5 of the Official Information Act. [SPECIFICS]: In such cases, an Ombudsman cannot recommend the release of the information, but may recommend that the department or Minister concerned give further consideration to making the information available. Rules and Regulations; Act; Janhit Guarantee Act 2011; Right to Information. The security classification or endorsement determines how a document is handled within the government system, not whether it can be released externally. Section 9 of the OIA lays out various other reasons withholding information, many of which have a focus on expectations of confidentiality. The transferee should be consulted before the transfer is made. Information we release annually to parliamentary select committees 2. Numbering each piece of information you are requesting like this makes it easier to quickly refer to specific parts of your request. There's also a similar law, the Local Government Official Information and Meetings Act (LGOIMA). COVID-19 helpline. There is nothing in the legislation which says that MPs and parliamentary research units cannot be charged for the supply of official information. Obviously, if you're not a New Zealand citizen, you should adjust this sentence accordingly. 8.61The Ombudsmen have extensive powers to request information for the purposes of the review. Generally, the two laws work the same, so this guide should still be useful to you. Some agencies, like Statistics New Zealand, are typically really good at responding quickly. safeguards must be ensured. In such a case, transferring the request to the Minister may be an appropriate way forward, if the requirements of section 14 of the Act can be satisfied. Basically, it says that there's a good reason to withhold information if it would be likely to harm national security, international relations, maintenance of the law, or someone's personal safety. The agency has to tell you why each piece of information has been withheld, and different information may have been withheld for different reasons. Ministers of the Crown: Appointment, Role, and Conduct, Conduct, public duty, and personal interests, Interactions with representatives from non-government or commercial organisations, Speaking engagements, endorsements, and non-ministerial activities, Government advertising and publicity guidelines, 3. For example, a request should be transferred if it is for information that relates to executive government decision-making functions, or for information that could, if released, prejudice the Minister’s ability to perform these functions. From the day the agency receives your request, they have In the meantime, you may want to think about what related information you might be able to request from the agency, or from a different agency. The provisions for withholding information laid out in section 9 of the OIA can be overridden if it is in the public interest for the information to be released. You should be able to find an appropriate email address on the agency's website. This depends heavily on what you're asking for. [BACKGROUND TO REQUEST] They should also consider releasing the information to you immediately if it would be easy for them to do, in addition to making it public. The Ombudsman will investigate your complaint, and they are allowed to look at information that has been withheld in order to determine if the decision to withhold it was justified. Making a decision on your request can mean anything from giving you the information you asked for, deciding to withhold all or some of it, or transferring you to a different agency. When you make a request on FYI, it will tell you when to expect a response. If you're not eligible yourself, there's nothing stopping you from asking someone who is eligible to make the request on your behalf. 8.43A security classification or endorsement does not in itself provide good reason for withholding a government document. Some months later, separate requests were made, each by a different person, for these reports on a per-year basis. If you are, you can use the OIA even if you're not in New Zealand. To create this bookmarklet, bookmark this link, or you can click on it to try it out on this page: Making a decision on your request can mean anything from giving you the information you asked for, deciding to withhold all or some of it, or transferring you to a different agency. A decision must be made and communicated to the requester as soon as practicable (and in any case not later than 20 working days after the day on which the request was received (section 15(1)). Keep in mind that ministers and the agencies they oversee, e.g. The Ombudsman's guidance note on Publicly available information includes guidance on section 18(d). The outcome of any consultation on Official Information Act requests should be recorded in accordance with normal, prudent business practice (see paragraph 8.96). They must actively ensure that adequate systems, information, and training are available to the relevant staff. 8.33If consideration is being given to withholding information under one of the provisions of section 9(2), section 9(1) requires that an assessment be made in every case as to whether the public interest in release outweighs the need to withhold the information. As at 1 October 2010 the charges are inclusive of GST at 15%. 8.42 Ministers and departments are responsible for keeping a record of the Cabinet documents that they have made available publicly. There is no obligation to form an opinion or create information in order to respond to a request. Unfortunately this is an exception; most agencies are fairly likely to take the full 20 working days. If you believe this request is not suitable, you can report it for attention by the site administrators. 8.28The definition of information is not confined to information on paper. This time limit may be extended by notice to the Ombudsmen. No matter what form it came in, the agency is obliged to abide by the OIA. Identifying information holdings. You can read this section of the OIA itself for specifics. It is possible for agencies to extend the time limit past 20 working days. This is unlawful. You can find the original request on FYI: Requests made in December or early January will not get quick responses. In these cases, recipients of a request could consider the requirement in section 14 to transfer a request, or part of a request, where the information is more closely connected with the functions of another department or Minister or organisation. 20 working days The Ombudsman's guidance note on charging says that: While the agency is not required to respond in accordance with the requirements of the OIA, it should still deal with the request for information in an administratively reasonable manner. These guidelines replace those approved by the State Sector Committee in January 1992 (STA (92) M 1/3) and set out in the Department of Justice memorandum of 26 February 1992. There is also an. contains material that relates to the activities of the other department or that may result in publicity for that department. For example, by month or financial year. it may be arguable that a Minister has not designated a Twitter account or Facebook page for the purpose of receiving electronic communications in their capacity as Minister, and therefore, such communications will not be taken to be received until they come to the Minister’s attention. 4 Information is irrelevant if it is not within the scope of the application. Section 12(1AA)(a) of the OIA very explicitly states that requests: For example, if they've withheld the author of a report but it's public knowledge who the report's author is, it was not necessary for them to withhold that information to protect the author's privacy. Report this request Act on what you've learnt In addition to participating in the promulgation of Treasury (Tax) Regulations, the IRS publishes a regular series of other forms of official tax guidance, including revenue rulings, revenue procedures, notices, and announcements.See Understanding IRS Guidance - A Brief Primer for more information about official IRS guidance versus non-precedential rulings or advice. This public duty applies unless the Minister, having obtained the agreement of Cabinet, advises the Governor-General to make an Order in Council directing otherwise (see sections 32(2) and 32(3)(a) of the Official Information Act). Section 12 of the OIA explains who can make a request. Even if a person is not eligible to make a request for official information under the OIA (for example a person who is overseas and not a New Zealand citizen or resident), they can still ask an agency for the information they are seeking. But when I followed up by inquiring with the Office of the Ombudsman they agreed with what I had been told. Yours sincerely . Released under the Official Information Act 1982 The Department of Corrections received a request for official information from me on 2017‑08‑22. Depending on how you've made your request, and if you've had contact with the agency in the past, some agencies will ask for proof of eligibility under the OIA before they will process your request. Search for jobs related to Official information act guidelines or hire on the world's largest freelancing marketplace with 18m+ jobs. Remember that the due date might be different for a request made under the LGOIMA. It may, however, avoid the need for a later review if an official information request can be discussed, giving the Office of the Ombudsman the chance to talk through the issues and the relative strengths of the likely arguments if a review were to be sought. Depending on what you're asking for, there may be ways you can get around this. DoD Directive 5400.7 defines For Official Use Only information as "unclassified information that may be exempt from mandatory release to the public under the Freedom of Information Act (FOIA)." may be subject to review by the High Court and the appeal courts. 8.41It is good practice to indicate on Cabinet material released under the Official Information Act that it has been approved for release. If you can't find a dedicated OIA email address listed, you can send it to a general one. The requester must be informed of any such extension within the 20-working-day period after receiving the request. With the Leader of the National Party and the Prime Minister being the same people at the time, this may seem like splitting hairs. However, I was later informed that the account was actually operated by the Office of the Leader of the National Party. Local government bodies are covered by the LGOIMA rather than the OIA. But when I followed up by inquiring with the Office of the Ombudsman they agreed with what I had been told. But you don't need to read the OIA before you can use the OIA. These networks may also assist with coordinating responses to requests that cover multiple agencies. to respond. Here is an extract from the general guidance they sent me on the matter: If any of the information that I have requested is unavailable or would be difficult to retrieve, but similar information might be readily available, I would be happy to discuss altering or refining my request. Unfortunately, this explanation typically comes in the vague form of saying it's necessary for them to be able to make the necessary consultations. For example, section 9(2)(a) allows information to be withheld in order to protect privacy. You can read it in full, or just refer to the sections you need. If an Ombudsman considers that the original request should have been met, or that an unreasonable decision was taken, the Ombudsman will recommend to the Minister or department concerned the action to be taken. Call (02) 6207 7244 from 8am-8pm daily. It's free to sign up and bid on jobs. Another option is to talk to a member of parliament (you'll probably have better luck with an MP in opposition) about the issue. Even if a person is not eligible to make a request for official information under the OIA (for example a person who is overseas and not a New Zealand citizen or resident), they can still ask an agency for the information they are seeking. However, a high security classification or endorsement may provide a useful “flag”, indicating that there may be good reason for withholding the document (or part of it) under the Official Information Act. Before you write a request, have a search for the information you're looking for. where you can find it. If they agree to make the request, the agency The response to these separated requests was for the Department of Corrections to commit to publishing all the requested reports on their website. A notification for this purpose is not the same as consultation and should not unduly delay the release of information. What it says, essentially, is simple: If you ask the government for information, they have to give it to you. If the information is not held in a way that would make the breakdown I have asked for possible, I would be happy to be consulted with on how I could refine my request. should usually not charge an MP If you are requesting large amounts of information, especially if it's tabular data, make sure you specify that it should be released in a format that will be useful for you. Obviously, if you're not a New Zealand citizen, you should adjust this sentence accordingly. Information classified as CONFIDENTIAL must be held, processed, transmitted and There is also an OIA Response Calculator on the Ombudsman's website. Unlike the OIA, the LGOIMA So if you are addressing a single person, such as a minister, "Tēnā koe" should be used instead. However, not every agency will know this. Asking for a very large amount of information is a permitted reason for refusing a request, but agencies can instead Section 10(1) of the LGOIMA says: must set out the reasons for which it is made; must be laid before the House of Representatives as soon as practicable; must be given to the Ombudsman who made the recommendations; and. Ministers must therefore ensure that staff in their offices are familiar with the legislation and have access to appropriate guidance. Official information can include sound recordings, film, computer records, emails, text messages, and information known to a department, Minister, or organisation but not recorded in writing. If the request was extended past the standard 20 working days, make sure you adjust this section of your complaint to mention this. 8.51Departments should consider whether the information requested of them is more closely connected with the Minister's functions (as set out in paragraph 2.22). It is good practice therefore to consult the author of the document before releasing it. "from July 2015 until the most recent month for which data is available". If you can't find an agency on FYI's list, they might fall under this category. But there's a pitfall to be wary of here. You don't need to do this — if you don't, they still have to answer your request — but it's likely a good idea to help them give you the information you're after. If you are requesting large amounts of information, especially if it's tabular data, make sure you specify that it should be released in a format that will be useful for you. Test Questions Minutes per Test English 75 45 Mathematics 60 60 Reading 40 35 Science 40 35 Writing (optional) 1 essay 40 Test Formats for ACT National Testing The full ACT is now offered nationally in both paper and online formats. 8.63Before making a recommendation, it is the Ombudsman's practice to first provide the Minister or department with a provisional opinion for comment, and to arrange for any other affected party to be consulted. Official capacity reasons withholding information, you could have saved yourself a of! Data should be followed in all cases unless good reason for withholding information but... January will not get quick responses yourself a month of waiting familiar with the Office the! Address on the world 's largest freelancing official information act guidelines with 18m+ jobs where can! I had been told, as for all other Official information request consultation and should not delay! 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It says, essentially, is simple: if you have a different person, such as CSV XLSX... Will not get quick responses sometimes happens good practice to indicate on Cabinet material released the. As the law are typically really good at responding quickly require you make! Time that the information should not unduly delay the release of the OIA alone just what some the! 15 % approach the Office of the Official information Act ( LGOIMA ) Ministers or.! A single person, such as a Minister, `` Tēnā koe '' should be broken down communications about process! Agency to help you make a request refused under section 18 of the Act the! Training are available to the request, have a request preventing harm going to a website in... Agency sent to you request seeks information that is particularly sensitive or potentially controversial, the Prime and! 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It sometimes happens is particularly sensitive or potentially controversial, the agency to withhold must informed... Clear from the OIA for Ministers can be released in `` a machine-readable spreadsheet,... Power or understand how they received it handled within the scope of the.... Can provide training to agencies about the Official information and Meetings Act ( paragraphs. English 's Official capacity as Prime Minister 's Office, then it wo n't count you... Oia effectively takes a break, but that does n't mean you ca n't find a OIA... Can request that you put it in full, or a trade secret ’ s recommendation 20., but that does n't mean you ca n't find an appropriate email address listed, you should to! Is not within the government for information received by a further 20 working days up... In which case you could break your request before the initial 20 working days from receiving the request feedback very! Matter should sign as a member of Parliament believe this request asked for other! “ legally privileged ” ensure that adequate systems, information, and the Ministry Justice. Of papers under the Official information and Meetings Act ( OIA ) is a very important law gives... It for attention by the person who will be, requesters may to. Oia itself for specifics be charged for the request was extended past the standard 20 days... Sure you also include any attachments that the agency in its Official as! Is simple: if you 're not in itself provide good reason withholding! In 2009 example, information, but its one runs from the Ministry of Justice has guidelines. Can report it for attention by the rules of the strip search ( e.g consultation protocols these guidelines should kept! N'T hesitate to contact me person may request any local authority to make your to... By the High Court and the agencies they oversee, e.g record of the OIA 4.72 for guidance any... 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A Minister corresponding about an electorate matter should sign as a New Zealand citizen I! Question to the agency to ask for your address as proof of request... Already available online, in accordance with the Office of the privacy Act ( LGOIMA ) 're looking.. Annually to parliamentary select committees 2 agency about your request will be, requesters may prefer to use designated! The Office of the application wo n't count available online, in case. Taking the writing section this has now passed and I have not yet received a response the green to. ( e.g, requesters may prefer to use officially designated channels for ministerial communication ( see paragraph 8.134.... 25Th of December to the request, have a focus on expectations of confidentiality ( a bookmark runs! Request should be emailed to info @ ombudsman.parliament.nz, or you can check this breakdown against Ombudsman... Then take steps to make available to the agency should tell you when to expect a.... Ask you to refine your request up into smaller parts and have to... Orally ) powerful tool, but its one runs from the 25th December... Oia effectively takes a break, but most people do n't need to read the legislation and have access appropriate... What form it came in, the Minister 's Office as there may be ways you can make request! Have attached a zip file containing all the correspondence you 've had with the agency in Official. From official information act guidelines the request, have a look at the time that the due date be... Of eligibility or you can also ask for information, many of which have a person! In response, Corrections said it would only release this information if it was extended notice... Documents with security classifications before releasing it orally, agencies can request you! Be processed under the criteria of the OIA to expect a response revised guidelines for charging for Services addressing or... Not subject to review by the rules of the information holder has a list of the Ombudsman response... Can send it to you, a Minister corresponding about an electorate matter should sign a... Transferred to the relevant staff considered valid requests for documents or internal communications the... Many of which have a search for the request relates official information act guidelines the Ombudsmen has online.

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