e
OIA19-0720
Andrew Tipton
[FYI request #11533 email]
Dear Andrew Tipton
OFFICIAL INFORMATION ACT REQUEST
I refer to your official information request on 25 October 2019 for information regarding
“all of
the data access requests that MPI has made for access to data for the purposes set out in
sections 40(e) and 40(g)”.
The National Animal Identification and Tracing (NAIT) scheme requires anybody in charge of
cattle and deer to register their animal and record any animal movements. The information
held in the NAIT database forms a vital part of our national biosecurity system, as it helps the
Ministry for Primary Industries (MPI) respond to and manage animal diseases, such as
Mycoplasma bovis.
The following information is released to you under the Official Information Act 1982 (OIA).
For ease of reference, the response to each of your specific requests has been provided in
the numerical order used in your letter.
1)
For each of these access requests, please provide a copy of the NAIT Data Access
Request form (and any attachments) and the response(s) and decision(s) received as a
result of these access requests. Please also provide copies of any correspondence,
internal discussions, briefing notes, and/or other materials that discuss or relate to these
access requests.
Please find attached the NAIT Data Access Request forms for four of the six requests
MPI has made for access to NAIT data under sections 40(e) and 40(g) of the NAIT Act
2012 (NAIT Act). Two of the requests were made via email, using a past Data Access
Request form as reference, which have also been provided. All of these requests were
granted.
2)
For each of these access requests that was approved, please outline the restrictions (if
any) that were placed on the data supplied to MPI. Please also describe the precise
nature of the data supplied, such as which items of information from the NAIT database
were included, the point(s) in time covered by the data, and the level of detail (e.g.
whether the information was aggregated by farm/watershed/TA).
Any restrictions for each of these requests can be found in the Annual Reports published
by the NAIT Information System Access Panel on the OSPRI website at
https://ospri.co.nz/our-programmes/nait/about-the-nait-programme/publications/. The precise nature of the information supplied is listed in the appendix to this letter.
Please note that access to the NAIT database was granted for request 249 instead of an
extract of data provided, and the data was only accessed at the time of the farm visit.
Biosecurity New Zealand
Diagnostic and Surveil ance Services
Charles Fergusson Building, 34-38 Bowen Street, Wellington 6011, New Zealand
PO Box 2526, Wellington 6140, New Zealand
biosecurity.govt.nz
a.
If MPI still holds a copy of the original data supplied as a result of an access
request, please include a copy of such data. If MPI does not currently hold a copy
of the original data, for how long did MPI hold the data and what were the
circumstances that resulted in MPI no longer holding the data?
The NAIT data provided in response to requests made by MPI constitutes “data in
the NAIT information system”, and in line with section 51(1) of the NAIT Act,
cannot be provided to you under the OIA. You can request this information from
OSPRI yourself if your request meets one of the criterion provided in section 40 of
the NAIT Act.
Where required any information provided to MPI has been destroyed, in line with
the restrictions placed on the data.
3)
The purpose of the data access requests was either “to provide data supporting
productivity, market assurance, and trading requirements” under 40(e) or “to provide
statistical data for policy development and related advice” under 40(g). Therefore, please
provide copies of all documents, reports, publications, analyses, spreadsheets, statistical
returns or other material (including drafts) which was produced from, derived from, or
otherwise incorporates the NAIT data that was supplied to MPI for section 40(e) or 40(g)
purposes.
Please find attached copies of the reports prepared for the OIE, which utilises the
information supplied for requests 262, 291 and 314.
The data supplied for requests 249 and 323 relate to the development and operation of
programmes, and therefore do not have documentation which can be provided which
demonstrates how the information was used. The information provided as part of request
283 was not used as part of any report or documentation created by MPI. This part of
your request is therefore refused in relation to these three requests, pursuant to section
18(e) of the OIA, as “
the information requested does not exist”.
4)
Does MPI have any means of accessing the NAIT database other than by submitting
individual data access requests? For example, has MPI been granted “direct access” to
the NAIT database? Or are there any arrangements whereby MPI will receive recurring
access to the NAIT data, such as daily or monthly updates? Or has MPI made any
enquiries or requests to access NAIT data in a manner other than making individual data
access requests?
MPI employs NAIT officers, who ensure anyone required to provide data on animal
movements is compliant with their duties, as provided by section 54 of the NAIT Act. As
part of undertaking this role, these officers have complete access to the NAIT database.
This is the same level of access as provided to OSPRI employees who hold the same
title.
MPI is also responsible for the administration and operation of the Animal Products Act
1999, the Animal Welfare Act 1999, the Biosecurity Act 1993, the Commodity Levies Act
1990, and the Primary Products Marketing Act 1953. As part of this role, MPI can and
does apply for access to the core data held within the NAIT database.
a.
If so, please provide any correspondence or documents relating to the means of
access (or proposed access) to NAIT data, the conditions (if any) under which
MPI may access (or proposes to access) the NAIT data, and the purposes for
which MPI has used or is planning to use its access (or its proposed access) to
the NAIT data.
NAIT officers employed by MPI are provided access to this information in line with
sections 40(a) and 40(b) of the NAIT Act, “
to enable the NAIT organisation, a
NAIT officer, or a NAIT authorised person to exercise their powers and carry out
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their functions and duties”,
and “
to assist other persons with duties under this Act
to carry out their duties”, respectively.
Other employees within MPI are able to apply for, and gain access to, NAIT
information in accordance with section 40(c) of the NAIT Act, “
to facilitate the
purposes of the Animal Products Act 1999, Animal Welfare Act 1999, Biosecurity
Act 1993, Commodity Levies Act 1990, Primary Products Marketing Act 1953, and
any other enactment relating to animals or animal health”.
5)
Section 49 of the NAIT Act allows the NAIT organisation to publish statistics based on
the NAIT data. It does not appear any such statistics have been published. Please
provide any correspondence, documents, reports, or other material which relate to
section 49 of the NAIT Act, to the NAIT organisation’s failure to produce any statistics,
to any requests or proposals by MPI for the NAIT organisation to produce statistics, or
to any advice or proposals for MPI to produce statistics, or to any advice or proposals
for MPI to produce statistics on behalf of the NAIT organisation.
As stated in your request, the NAIT Act allows the NAIT organisation to publish
statistics based on NAIT data, but does not compel them to do so. MPI is aware that
some statistics have been published by OSPRI, including this infographic published
on their Facebook page:
https://www.facebook.com/OSPRINewZealand/photos/a.488887534471050/3203929
269633516. You can contact OSPRI directly should you have further questions
regarding statistics they have produced.
Some information has been withheld from the documentation provided pursuant to the
following sections of the OIA:
• Section 6(a), where
the making available of that information would be likely to
prejudice the security of New Zealand; and
• Section 9(2)(a),
to protect the privacy of natural persons.
MPI is satisfied that in the circumstances of this case, the withholding of this information is
not outweighed by other considerations which render it desirable in the public interest to
make the information available.
In several parts of your request, you have asked for all correspondence, internal discussions,
briefing notes, documents, reports, publications, analyses, spreadsheets, statistical returns,
or other material which relates to part of your request. In line with our obligations under
section 18B of the OIA, MPI attempted to consult with you in order to re-scope your request
on 6 November 2019. To date, MPI has received no response to the email sent. Where the
information requested has not been provided, it is refused pursuant to section 18(f) of the
OIA, as providing a response to your request would require substantial collation and
research.
You have the right under section 28(1) of the OIA to seek an investigation and review by the
Ombudsman of our decision to withhold information and refuse parts of your request.
Yours sincerely
Veronica Herrera
Director Diagnostic and Surveillance Services
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Appendix – Nature of Information Supplied to MPI
Request 262
Number of cattle registered in NAIT, Number of deer registered in NAIT, Number of establishments
with cattle registered, Number of establishments with deer registered.
Data provided at national level.
Request 283
Registration month and year, production type (dairy, beef, none), animal count.
Birth month and year, production type (dairy, beef, none), animal count.
Initial production type, new production type, change month and year, animal count.
Data provided at national level.
For animals registered less than twelve months before movement:
From location type, to location type, original farm production type, movement month, animal type,
animal count.
Initial animal production type, current animal production type, original farm production type,
movement month, animal count.
Data not aggregated, but provided anonymously (i.e. without farm details).
Request 291
Number of cattle registered in NAIT, Number of deer registered in NAIT, Number of establishments
with cattle registered, Number of establishments with deer registered.
Data provided at national level.
Request 314
Number of cattle registered in NAIT, Number of deer registered in NAIT, Number of establishments
with cattle registered, Number of establishments with deer registered.
Data provided at national level.
Request 323
NAIT Animal (cattle) registration information: Date of Birth, NAIT Number of Birthplace, NAIT
Number At First Registration, Animal Type NAIT RFID, NAIT Visual Tag Number, Production Type,
Gender, Species Type, Age Months, Age Years, Import Date, Import Country Of Origin
NAIT Animal (cattle) movement records: Sending NAIT Number, Receiving NAIT Number,
Receiving Property type, NAIT RFID, Visual Tag Number, Date Sent, Date Received
NAIT Animal (cattle) kill information specific to
M.bovis records: Kill Date, NAIT Number Sent
From, Meat Processor NAIT Number, NAIT RFID, NAIT Visual Tag Number, Disposal
Method, Carcase Disease Status 1 – 24
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