Requests for eligibility under the Official Information Act
Mark Hanna made this Official Information request to Ministry of Health
The request was partially successful.
From: Mark Hanna
Tēnā koutou,
I have seen that the Ministry of Health has recently asked many people making requests for official information through the FYI website to provide proof of eligibility under section 12(1) of the Official Information Act. For example: https://fyi.org.nz/request/13631-corresp...
The Ministry of Health also told these requesters:
“Please note that if we do not receive a response from you by this date, your request will be withdrawn.”
The Ministry of Health does not seem to request proof of eligibility in all cases, or even just for all requests made through FYI. In 2015 and in 2018, the Ministry of Health responded to two requests for official information that I made through FYI, and in neither case was I told I must provide proof of eligibility. There are also recent examples on FYI of requests that were processed without any request for proof of eligibility.
Please release the following information for the past two years, broken down by month:
1a. How many requests for official information were received by the Ministry of Health?
1b. For how many of these requests did the Ministry of Health request proof of the requester’s eligibility under section 12(a) of the OIA?
1c. For how many of these requests was proof provided?
1d. How many requests for official information received in this month were considered withdrawn because proof was not provided?
Please also release the following information:
2a. What criteria are used by the Ministry of Health in determining whether or not a request for official information should require proof of the requester’s eligibility?
2b. When were these criteria adopted?
2c. What advice did the Ministry of Health receive on the creation and adoption of these criteria?
If any of the information I have requested in part 2 of my request is not written down, I would like to remind the Ministry that the definition of “official information” includes information which is known to an agency, but which has not yet been written down.
Please provide this information in an accessible, searchable format.
If any part of my request is unclear, please don't hesitate to contact me.
Given the Ministry of Health has answered my requests for official information in the past, I trust that there is no question regarding my eligibility under section 12(1) to make requests of the Official Information Act.
Ngā mihi,
Mark Hanna
Mark Hanna left an annotation ()
Have you seen Police demanding proof of eligibility? I have definitely seen it before on here, but I'd be very interested if you could point me to any recent examples.
By chance, I spoke with Police's senior OIA advisor on Facebook in January 2019 about them demanding proof of eligibility before they would process OIA requests, and they told me this:
"Mark Hanna I am now the Senior Advisor at Police, and that would be very much against our policy (and the spirit, if not the letter, of the law) and our capacity. Police does the vast majority of requests and we have a small team in a devolved model, and we don't have the time to check. If you know if it happening - direct people straight to the Ombudsman."
Mr Rodgers left an annotation ()
To be fair, I don't think I've seen one of these from Police recently. It was when they were asking for requesters to front up at their local nick with their passports that I got my back up.
Mark Hanna left an annotation ()
Ah, yes I've seen them mislead requesters before by telling them requests had to be made in a particular form, such as filling in a form on the Police website or making a request in person at a police station.
I don't think I've seen any recent examples of this, but if you're interested I did make a request in 2017 that I hope prompted them to clean up their act a little bit in this regard: https://fyi.org.nz/request/5553-complian...
Police are in a uniquely privileged position in that they are subject to the Official Information Act, but not to the Ombudsmen Act. This prevents the Office of the Ombudsman from investigating their general behaviour or compliance with the OIA, instead they can only investigate when a requester makes a complaint about a specific request.
Ministry of Health
Kia ora
Thank you for your request for official information received on 2
September 2020 for:
"Please release the following information for the past two years, broken
down by month:
1a. How many requests for official information were received by the
Ministry of Health?
1b. For how many of these requests did the Ministry of Health request
proof of the requester’s eligibility under section 12(a) of the OIA?
1c. For how many of these requests was proof provided?
1d. How many requests for official information received in this month were
considered withdrawn because proof was not provided?
Please also release the following information:
2a. What criteria are used by the Ministry of Health in determining
whether or not a request for official information should require proof of
the requester’s eligibility?
2b. When were these criteria adopted?
2c. What advice did the Ministry of Health receive on the creation and
adoption of these criteria?"
The Ministry's reference number for your request is: H202006927.
As required under the Official Information Act 1982, the Ministry will
endeavour to respond to your request no later than 30 September 2020,
being 20 working days after the day your request was received.
If we are unable to respond to your request within this time frame, we
will notify you of an extension of that time frame.
If you have any queries related to this request, please do not hesitate to
get in touch.
Ngâ mihi
OIA Services
Government Services
Office of the Director-General
Ministry of Health
E: [email address]
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Mark Hanna left an annotation ()
Comparing this acknowledgement with those received by other requesters on here recently, it seems likely the Ministry of Health has decided not to ask me to provide evidence of my eligibility under s12 of the OIA.
I'm not sure if this is due to the fact that they have answered my requests in the past, as I noted in this request, or if it might be because of the potential of damage to their reputation if they attempted to block this request by demanding that I prove my eligibility.
From: Mark Hanna
Tēnā koe,
It has now been 17 working days since the Ministry of Health received my request. I would like to remind you that the OIA requires that decisions be communicated as soon as reasonably practicable, and that the 20 working day deadline is not a target.
Though the OIA does not require that notifications of an extension to this deadline must be communicated as soon as reasonably practicable, if you anticipate that you will not be able to communicate your decision on my request no later than Wednesday 30 September then I would appreciate it if you would indicate this sooner rather than later.
Ngā mihi,
Mark Hanna
From: Mark Hanna
Tēnā koe,
Today, 30 September, is 20 working days since my request for official information was received on 2 September, and I have not yet been informed of a decision on this request. I would appreciate it if you would ensure that your decision is sent today.
Ngā mihi,
Mark Hanna
Ministry of Health
Kia ora
Please find attached the Ministry's response to your request for official
information.
Ngâ mihi
OIA Services
Government Services
Office of the Director-General
Ministry of Health
E: [email address]
From: OIA Requests/MOH
To: [FYI request #13646 email]
Cc: OIA Requests/MOH@MOH
Date: 07/09/2020 09:50 am
Subject: Acknowledgment of your request for official information
(ref: H202006927)
Sent by: Catherine Simpson
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Kia ora
Thank you for your request for official information received on 2
September 2020 for:
"Please release the following information for the past two years, broken
down by month:
1a. How many requests for official information were received by the
Ministry of Health?
1b. For how many of these requests did the Ministry of Health request
proof of the requester’s eligibility under section 12(a) of the OIA?
1c. For how many of these requests was proof provided?
1d. How many requests for official information received in this month were
considered withdrawn because proof was not provided?
Please also release the following information:
2a. What criteria are used by the Ministry of Health in determining
whether or not a request for official information should require proof of
the requester’s eligibility?
2b. When were these criteria adopted?
2c. What advice did the Ministry of Health receive on the creation and
adoption of these criteria?"
The Ministry's reference number for your request is: H202006927.
As required under the Official Information Act 1982, the Ministry will
endeavour to respond to your request no later than 30 September 2020,
being 20 working days after the day your request was received.
If we are unable to respond to your request within this time frame, we
will notify you of an extension of that time frame.
If you have any queries related to this request, please do not hesitate to
get in touch.
Ngâ mihi
OIA Services
Government Services
Office of the Director-General
Ministry of Health
E: [email address]
****************************************************************************
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attachments may contain information that is IN-CONFIDENCE and subject to
legal privilege.
If you are not the intended recipient, do not read, use, disseminate,
distribute or copy this message or attachments.
If you have received this message in error, please notify the sender
immediately and delete this message.
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From: Mark Hanna
Tēnā koe,
Thank you for your response. You will see that my request included the following:
"Please provide this information in an accessible, searchable format."
Section 16(2) of the Official Information Act requires that an organisation must make information available "in the way preferred by the person requesting it" except in three specific cases. Section 16(3) requires that, when the information is not provided in this way, the requester will be told the reasons for not providing the information in that way.
I have been advised by the Ombudsman that this section can be used in this way to request that information be provided in an accessible format, where possible.
Unfortunately, your response letter has been sent as an image-based PDF, presumably created by printing and subsequently scanning a document. This process renders the information inaccessible, as it cannot be accessed by assistive technology such as a screen reader.
Please provide the information in an accessible format, as I have requested, or otherwise specify the reasons under s16(2) of the OIA why the information has not been provided in this way.
I would also like to remind you that the OIA requires that decisions on a request must be communicated as soon as reasonably practicable. Given this response arrived at 5:48pm on the last allowable day, it seems unlikely to me that it was sent as soon as reasonably practicable. I hope there will not be any lengthy delay before you provide me with this information in an accessible format.
Ngā mihi,
Mark Hanna
Ministry of Health
Kia ora
Please advise if the attached version does not meet your accessible format
needs.
Ngā mihi
OIA Services
Government Services
Office of the Director-General
Ministry of Health
E: [email address]
From: "Mark Hanna" <[FOI #13646 email]>
To: "OIA/LGOIMA requests at Ministry of Health" <[Ministry of Health request email]>
Date: 30/09/2020 06:25 pm
Subject: Re: Response to your request for official information
(ref: H202006927)
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Tēnā koe,
Thank you for your response. You will see that my request included the
following:
"Please provide this information in an accessible, searchable format."
Section 16(2) of the Official Information Act requires that an
organisation must make information available "in the way preferred by the
person requesting it" except in three specific cases. Section 16(3)
requires that, when the information is not provided in this way, the
requester will be told the reasons for not providing the information in
that way.
I have been advised by the Ombudsman that this section can be used in this
way to request that information be provided in an accessible format, where
possible.
Unfortunately, your response letter has been sent as an image-based PDF,
presumably created by printing and subsequently scanning a document. This
process renders the information inaccessible, as it cannot be accessed by
assistive technology such as a screen reader.
Please provide the information in an accessible format, as I have
requested, or otherwise specify the reasons under s16(2) of the OIA why
the information has not been provided in this way.
I would also like to remind you that the OIA requires that decisions on a
request must be communicated as soon as reasonably practicable. Given this
response arrived at 5:48pm on the last allowable day, it seems unlikely to
me that it was sent as soon as reasonably practicable. I hope there will
not be any lengthy delay before you provide me with this information in an
accessible format.
Ngā mihi,
Mark Hanna
-----Original Message-----
Kia ora
Please find attached the Ministry's response to your request for official
information.
Ngâ mihi
OIA Services
Government Services
Office of the Director-General
Ministry of Health
E: [email address]
From: OIA Requests/MOH
To: [FYI request #13646 email]
Cc: OIA Requests/MOH@MOH
Date: 07/09/2020 09:50 am
Subject: Acknowledgment of your request for official information
(ref: H202006927)
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Please use this email address for all replies to this request:
[FOI #13646 email]
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If you find this service useful as an Official Information officer, please
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Statement of confidentiality: This e-mail message and any accompanying
attachments may contain information that is IN-CONFIDENCE and subject to
legal privilege.
If you are not the intended recipient, do not read, use, disseminate,
distribute or copy this message or attachments.
If you have received this message in error, please notify the sender
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From: Mark Hanna
Kia ora,
Thank you for sending the updated response letter through so quickly, I appreciate that. I'm also happy to see that it is largely accessible now, though unfortunately it seems whatever software it appears was used to convert the image-based PDF into a text-based one has not correctly hooked up all of the links.
When I spoke with Minister for Disability Issues Carmel Sepuloni about the issue of OIA accessibility in 2018, she told me that "Providing OIA responses in accessible formats should be standard practice as part of an open and transparent government."
Might I recommend that the Ministry of Health look into creating internal guidelines for providing OIA responses in accessible formats? Many other agencies have been making positive steps in this area recently, and I'm sure you will agree that it's important for official information provided in a way that is accessible to any requester, including disabled requesters.
The easiest way to provide information in an accessible format is generally to simply provide the original documents wherever possible. In this case, that would likely be the response letter as it was originally prepared, before it was printed and scanned. I understand some transformation may be necessary at times to remove metadata, but the common process of printing and scanning is generally the cause of information being released in inaccessible formats. In this case, it looks like software was subsequently used to try to convert the scanned document into an accessible one, but as I mentioned this process has its flaws.
Ngā mihi,
Mark Hanna
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Mr Rodgers left an annotation ()
Well done. You should do the same with Police.
Link to this