Dear Mal,

 

We have treated your request as a request under the Official Information
Act 1982 addressed to the Board of Trustees Whangarei Boys High School.

 

Our responses to your request is as follows:

 

At present there is an investigation by WorkSafe and an inquiry by the
Coroner ongoing arising from the tragic events that occurred at Abbey
Caves on 9 May 2023. The investigation and the inquiry will cover events
that occurred before the 9 May trip as well as what happened on the day
itself.

 

This is why we are unable to provide this information at this time.
Whangarei Boys' High School has good reason to withhold information where
the making available of the information would likely prejudice the
WorkSafe investigation and/or the Coronial inquiry (s6(c), OIA). 

 

In addition, it is necessary to withhold some of the information
responsive to this request  in order to protect the privacy of individuals
(s9(2)(a), OIA).

 

You have the right to seek an investigation and review by the Ombudsman of
this decision. Information about how to make a complaint is available
at [1]https://www.ombudsman.parliament.nz/ or freephone 0800 802 602.

 

 

Ngā mihi 

Karen Gilbert-Smith

Principal

Whangārei Boys' High School

245 Western Hills Drive, The Avenues, Whangārei |  PO Box 5034, Whangārei
0140

P 09 430 4173  |  MOB 0272024211  |  [2]wbhs.school.nz

P  Please consider the environment before printing this e-mail
CAUTION: This e-mail message and accompanying data may contain information
that is confidential and subject to privilege. If you are not the intended
recipient, you are notified that any use, dissemination, distribution or
copying of this message or data is prohibited. If you have received this
e-mail in error, please notify the sender immediately and delete all
material pertaining to this e-mail. Whangarei Boys’ High School will not
accept liability for any loss or damage caused by using any material or
attachments contained in this message. While every best practice has been
taken, no warranty is made that this material is free from computer virus
or other defect. Whangarei Boys’ High School’s entire liability will be
limited to resupplying the material.

References

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2. http://wbhs.school.nz/

Dear Mal,  you have the right to seek an investigation and review by the
Ombudsman of this decision. Information about how to make a complaint is
available
 at [1][1]https://urldefense.proofpoint.com/v2/url...
freephone 0800 802 602.

Ngā mihi 

Karen Gilbert-Smith

Principal

Whangārei Boys' High School

245 Western Hills Drive, The Avenues, Whangārei |  PO Box 5034, Whangārei
0140

P 09 430 4173  |  MOB 0272024211  |  [2]wbhs.school.nz

On Thu, 8 Jun 2023 at 21:51, Mal Robertson
<[3][FOI #22751 email]> wrote:

Dear Karen Gilbert-Smith,

This is not acceptable. The release of these public documents will in no
way prejudice any investigation as surely these documents must be
released to any persons investigating this matter.

Further, there is no reason whatsoever for you to claim that releasing
these documents will impact upon any investigation in any way.

My request for information still stands and is now overdue.

Yours sincerely,

Mal Robertson

-----Original Message-----

Dear Mal,

  

 We have treated your request as a request under the Official
Information
 Act 1982 addressed to the Board of Trustees Whangarei Boys High School.

  

 Our responses to your request is as follows:

  

 At present there is an investigation by WorkSafe and an inquiry by the
 Coroner ongoing arising from the tragic events that occurred at Abbey
 Caves on 9 May 2023. The investigation and the inquiry will cover
events
 that occurred before the 9 May trip as well as what happened on the day
 itself.

  

 This is why we are unable to provide this information at this time.
 Whangarei Boys' High School has good reason to withhold information
where
 the making available of the information would likely prejudice the
 WorkSafe investigation and/or the Coronial inquiry (s6(c), OIA). 

  

 In addition, it is necessary to withhold some of the information
 responsive to this request  in order to protect the privacy of
individuals
 (s9(2)(a), OIA).

  

 You have the right to seek an investigation and review by the Ombudsman
of
 this decision. Information about how to make a complaint is available
 at [1][4]https://urldefense.proofpoint.com/v2/url...
 or freephone 0800 802 602.

  

  

 Ngā mihi 

 Karen Gilbert-Smith

 Principal

 Whangārei Boys' High School

 245 Western Hills Drive, The Avenues, Whangārei |  PO Box 5034,
Whangārei
 0140

 P 09 430 4173  |  MOB 0272024211  |  [2][5]wbhs.school.nz

 P  Please consider the environment before printing this e-mail
 CAUTION: This e-mail message and accompanying data may contain
information
 that is confidential and subject to privilege. If you are not the
intended
 recipient, you are notified that any use, dissemination, distribution
or
 copying of this message or data is prohibited. If you have received
this
 e-mail in error, please notify the sender immediately and delete all
 material pertaining to this e-mail. Whangarei Boys’ High School will
not
 accept liability for any loss or damage caused by using any material or
 attachments contained in this message. While every best practice has
been
 taken, no warranty is made that this material is free from computer
virus
 or other defect. Whangarei Boys’ High School’s entire liability will be
 limited to resupplying the material.

References

 Visible links
 1.
[6]https://urldefense.proofpoint.com/v2/url...
 2. [7]http://wbhs.school.nz/

-------------------------------------------------------------------
Please use this email address for all replies to this request:
[8][FOI #22751 email]

Disclaimer: This message and any reply that you make will be published
on the internet. Our privacy and copyright policies:
[9]https://urldefense.proofpoint.com/v2/url...

If you find this service useful as an Official Information officer,
please ask your web manager to link to us from your organisation's OIA
or LGOIMA page.

-------------------------------------------------------------------

P  Please consider the environment before printing this e-mail
CAUTION: This e-mail message and accompanying data may contain information
that is confidential and subject to privilege. If you are not the intended
recipient, you are notified that any use, dissemination, distribution or
copying of this message or data is prohibited. If you have received this
e-mail in error, please notify the sender immediately and delete all
material pertaining to this e-mail. Whangarei Boys’ High School will not
accept liability for any loss or damage caused by using any material or
attachments contained in this message. While every best practice has been
taken, no warranty is made that this material is free from computer virus
or other defect. Whangarei Boys’ High School’s entire liability will be
limited to resupplying the material.

References

Visible links
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2. http://wbhs.school.nz/
3. mailto:[FOI #22751 email]
4. https://urldefense.proofpoint.com/v2/url...
5. http://wbhs.school.nz/
6. https://urldefense.proofpoint.com/v2/url...
7. http://wbhs.school.nz/
8. mailto:[FOI #22751 email]
9. https://urldefense.proofpoint.com/v2/url...

hide quoted sections

Kia ora Mal, I refer to the information below provided by the Ombudsman. I
apologise that we never received the following request from you. 
‘I would like a copy of any and all communications between members of the
Board of Trustees and the NZ School Trustees Association regarding last
month's fatal excursion.

I am particularly interested in any correspondence relating to
communication about the incident including how to respond to OIA requests,
but all relevant information would be appreciated’
I can confirm that we did not receive any advice from NZSTA in relation to
the tragedy at Abbey Caves. Again please accept my apology for this
delayed response. 

Ngā mihi 

Karen Gilbert-Smith

Principal

Whangārei Boys' High School

245 Western Hills Drive, The Avenues, Whangārei |  PO Box 5034, Whangārei
0140

P 09 430 4173  |  MOB 0272024211  |  [1]wbhs.school.nz

On Wed, 20 Sept 2023 at 15:30, Wayne Lim
<[2][email address]> wrote:

Kia ora Karen,

 

Thanks for letting me know.

 

In this case, I would appreciate if you could please treat my email
forwarding Mr Robertson’s request as a referral for the Board’s
consideration. I will return to Mr Robertson to confirm with him which
inbox he might have sent his request to.

 

Ngā mihi,

 

Wayne Lim

Assistant Investigator IEAT

Office of the Ombudsman | Tari o te Kaitiaki Mana Tangata

 

DDI 04 260 1275 | Phone 04 473 9533 | Fax 04 471 2254

Email [3][email address] |
[4]www.ombudsman.parliament.nz

PO Box 10152, Level 7, SolNet House, 70 The Terrace, Wellington

 

[5]image001-original

 

IMPORTANT: The information contained in this email may be confidential
or legally privileged. It is intended solely for the recipient or
recipients named in this message. Please note that if you are not the
intended recipient you are not authorised to use, copy or distribute the
email or any information contained in it. If you have received this
email in error, please advise the sender immediately and destroy the
original message and any attachments.

 

 

 

From: Karen Gilbert-Smith <[6][email address]>
Sent: Wednesday, 20 September 2023 2:48 pm
To: Wayne Lim <[7][email address]>
Subject: Re: The Office of the Ombudsman - REF 000743 - Preliminary
Inquiry

 

Kia ora Wayne, I'm sorry that is not a request we have received from Mr
Robertson. I have searched my email to see if I have missed it but
cannot find anything other than the request I have responded to. 

Ngā mihi 

 

Karen Gilbert-Smith

Principal

 

Whangārei Boys' High School

245 Western Hills Drive, The Avenues, Whangārei |  PO Box 5034,
Whangārei 0140

P 09 430 4173  |  MOB 0272024211  |  [8]wbhs.school.nz

 

[9]Image removed by sender.

 

 

On Wed, 20 Sept 2023 at 14:40, Wayne Lim
<[10][email address]> wrote:

Kia ora Karen,

 

Thank you for your email. The complaint which Mr Robertson has brought
to the Ombudsman does not relate to the request which you are
referring to. In the attached emails you have provided, Mr Robertson
requests ‘a copy of any and all safety-related information regarding
preparations for the school trip to Abbey Caves in May 2023…’ – Mr
Robertson’s request in this instance is:

 

‘I would like a copy of any and all communications between members of
the Board of Trustees and the NZ School Trustees Association regarding
last month's fatal excursion.

I am particularly interested in any correspondence relating to
communication about the incident including how to respond to OIA
requests, but all relevant information would be appreciated’

 

Given this, I would appreciate if you could please provide a response
to the questions set out in my initial email. For your convenience, I
will copy these again below.

 

1.              When was the request from Mr Robertson received by the
Board?

2.              Was the timeframe for making a decision and
communicating it to the requester ever extended? If so, please provide
copies of any letters or emails sent to Mr Robertson?

3.              Was the timeframe for making a decision and
communicating it to the requester ever amended or clarified? If so,
please provide copies of any letters or emails sent to Mr Robertson.

4.              Does the Board accept that there has been a delay in
making and communicating a decision in this case?

5.              Has the Board now made and communicated a decision on
the request? If so, please provide a copy of the decision to the
Ombudsman. If not, please advise when the Board expects to be able to
make and communicate a decision.

I would be grateful if you could please respond to these questions by
27 September 2023.

 

Ngā mihi,

 

Wayne Lim

Assistant Investigator IEAT

Office of the Ombudsman | Tari o te Kaitiaki Mana Tangata

 

DDI 04 260 1275 | Phone 04 473 9533 | Fax 04 471 2254

Email [11][email address] |
[12]www.ombudsman.parliament.nz

PO Box 10152, Level 7, SolNet House, 70 The Terrace, Wellington

 

Error! Filename not specified.

 

IMPORTANT: The information contained in this email may be confidential
or legally privileged. It is intended solely for the recipient or
recipients named in this message. Please note that if you are not the
intended recipient you are not authorised to use, copy or distribute
the email or any information contained in it. If you have received
this email in error, please advise the sender immediately and destroy
the original message and any attachments.

 

 

 

From: Karen Gilbert-Smith <[13][email address]>
Sent: Tuesday, 19 September 2023 1:12 pm
To: Yvonne Nees <[14][email address]>; Wayne Lim
<[15][email address]>
Cc: Andrew carvell <[16][email address]>
Subject: Re: The Office of the Ombudsman - REF 000743 - Preliminary
Inquiry

 

Kia ora Wayne, thank you for your email. We received an email from
Mal Robertson on Wednesday 10th May (copy attached) and replied on the
8th June (also attached). Mr Robertson was not happy with this
response and his email and our subsequent response are also attached.
We believe we have responded to Mr Robertson in line with advice from
our legal representative. 

Please let me know if you require further information. 

Ngā mihi 

 

Karen Gilbert-Smith

Principal

 

Whangārei Boys' High School

245 Western Hills Drive, The Avenues, Whangārei |  PO Box 5034,
Whangārei 0140

P 09 430 4173  |  MOB 0272024211  |  [17]wbhs.school.nz

 

Error! Filename not specified.

 

 

On Tue, 19 Sept 2023 at 10:32, Yvonne Nees <[18][email address]>
wrote:

 

---------- Forwarded message ---------
From: Wayne Lim <[19][email address]>
Date: Mon, Sep 18, 2023 at 12:28 PM
Subject: The Office of the Ombudsman - REF 000743 - Preliminary
Inquiry
To: [20][email address]
<[21][email address]>

 

Kia ora,

A complaint has been received from Mr Mal Robertson about a delay in
responding to his Official Information Act 1982 (OIA) request.

On 11 June 2023, Mr Robertson sent an email requesting copies of
communications between Board members and the NZSTA regarding the
Abbey Caves trip. Mr Robertson states that he has not received a
response from the Board.

In accordance with the current approach of the Ombudsmen to delay
issues, there are a number of questions that we will need a response
to:

1.             When was the request from Mr Robertson received by
the Board?

2.             Was the timeframe for making a decision and
communicating it to the requester ever extended? If so, please
provide copies of any letters or emails sent to Mr Robertson?

3.             Was the timeframe for making a decision and
communicating it to the requester ever amended or clarified? If so,
please provide copies of any letters or emails sent to Mr Robertson.

4.             Does the Board accept that there has been a delay in
making and communicating a decision in this case?

5.             Has the Board now made and communicated a decision on
the request? If so, please provide a copy of the decision to the
Ombudsman. If not, please advise when the Board expects to be able
to make and communicate a decision.

I would be grateful if you could please respond to these questions
by 25 September 2023.

Please note: if you accept that there was a delay (ie, a failure to
meet the timeliness requirements imposed by the OIA) and confirm
that a decision on the request has been made and communicated to the
requester (and provide a copy) by 25 September 2023, the Ombudsman
will likely decline to investigate the complaint on the basis that
an investigation is ‘unnecessary’. However, if we do not receive a
response from you by the above date, or if a decision is not made on
the request and communicated to the requester by that date, it is
likely that a formal investigation will be commenced.

For your reference, a summary of this Office’s current approach to
delay complaints can be found at:
[22]https://www.ombudsman.parliament.nz/reso....

If you have any queries, please feel free to call me.

Kind regards,

Wayne Lim

Assistant Investigator IEAT

Office of the Ombudsman | Tari o te Kaitiaki Mana Tangata

 

DDI 04 260 1275 | Phone 04 473 9533 | Fax 04 471 2254

Email [23][email address] |
[24]www.ombudsman.parliament.nz

PO Box 10152, Level 7, SolNet House, 70 The Terrace, Wellington

 

Error! Filename not specified.

 

IMPORTANT: The information contained in this email may be
confidential or legally privileged. It is intended solely for the
recipient or recipients named in this message. Please note that if
you are not the intended recipient you are not authorised to use,
copy or distribute the email or any information contained in it. If
you have received this email in error, please advise the sender
immediately and destroy the original message and any attachments.

 

IMPORTANT: The information contained in this email may be
confidential or legally privileged. It is intended solely for the
recipient or recipients named in this message. Please note that if
you are not the intended recipient you are not authorised to use,
copy or distribute the email or any information contained in it. If
you have received this email in error, please advise the sender
immediately and destroy the original message and any attachments.

 

P  Please consider the environment before printing this e-mail

 

CAUTION: This e-mail message and accompanying data may contain
information that is confidential and subject to privilege. If you
are not the intended recipient, you are notified that any use,
dissemination, distribution or copying of this message or data is
prohibited. If you have received this e-mail in error, please notify
the sender immediately and delete all material pertaining to this
e-mail. Whangarei Boys’ High School will not accept liability for
any loss or damage caused by using any material or attachments
contained in this message. While every best practice has been taken,
no warranty is made that this material is free from computer virus
or other defect. Whangarei Boys’ High School’s entire liability will
be limited to resupplying the material.

 

P  Please consider the environment before printing this e-mail

 

CAUTION: This e-mail message and accompanying data may contain
information that is confidential and subject to privilege. If you
are not the intended recipient, you are notified that any use,
dissemination, distribution or copying of this message or data is
prohibited. If you have received this e-mail in error, please notify
the sender immediately and delete all material pertaining to this
e-mail. Whangarei Boys’ High School will not accept liability for
any loss or damage caused by using any material or attachments
contained in this message. While every best practice has been taken,
no warranty is made that this material is free from computer virus
or other defect. Whangarei Boys’ High School’s entire liability will
be limited to resupplying the material.

 

P  Please consider the environment before printing this e-mail

 

CAUTION: This e-mail message and accompanying data may contain
information that is confidential and subject to privilege. If you are
not the intended recipient, you are notified that any use,
dissemination, distribution or copying of this message or data is
prohibited. If you have received this e-mail in error, please notify
the sender immediately and delete all material pertaining to this
e-mail. Whangarei Boys’ High School will not accept liability for any
loss or damage caused by using any material or attachments contained
in this message. While every best practice has been taken, no warranty
is made that this material is free from computer virus or other
defect. Whangarei Boys’ High School’s entire liability will be limited
to resupplying the material.

IMPORTANT: The information contained in this email may be confidential
or legally privileged. It is intended solely for the recipient or
recipients named in this message. Please note that if you are not the
intended recipient you are not authorised to use, copy or distribute
the email or any information contained in it. If you have received
this email in error, please advise the sender immediately and destroy
the original message and any attachments.

 

P  Please consider the environment before printing this e-mail

 

CAUTION: This e-mail message and accompanying data may contain
information that is confidential and subject to privilege. If you are
not the intended recipient, you are notified that any use,
dissemination, distribution or copying of this message or data is
prohibited. If you have received this e-mail in error, please notify the
sender immediately and delete all material pertaining to this e-mail.
Whangarei Boys’ High School will not accept liability for any loss or
damage caused by using any material or attachments contained in this
message. While every best practice has been taken, no warranty is made
that this material is free from computer virus or other defect.
Whangarei Boys’ High School’s entire liability will be limited to
resupplying the material.

IMPORTANT: The information contained in this email may be confidential
or legally privileged. It is intended solely for the recipient or
recipients named in this message. Please note that if you are not the
intended recipient you are not authorised to use, copy or distribute the
email or any information contained in it. If you have received this
email in error, please advise the sender immediately and destroy the
original message and any attachments.

P  Please consider the environment before printing this e-mail
CAUTION: This e-mail message and accompanying data may contain information
that is confidential and subject to privilege. If you are not the intended
recipient, you are notified that any use, dissemination, distribution or
copying of this message or data is prohibited. If you have received this
e-mail in error, please notify the sender immediately and delete all
material pertaining to this e-mail. Whangarei Boys’ High School will not
accept liability for any loss or damage caused by using any material or
attachments contained in this message. While every best practice has been
taken, no warranty is made that this material is free from computer virus
or other defect. Whangarei Boys’ High School’s entire liability will be
limited to resupplying the material.

References

Visible links
1. http://wbhs.school.nz/
2. mailto:[email address]
3. mailto:[email address]
4. https://urldefense.proofpoint.com/v2/url...
6. mailto:[email address]
7. mailto:[email address]
8. http://wbhs.school.nz/
10. mailto:[email address]
11. mailto:[email address]
12. https://urldefense.proofpoint.com/v2/url...
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14. mailto:[email address]
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hide quoted sections

Mal, there was no communication between NZSTA and the Board. I am not
withholding information there is simply none to give. 

Ngā mihi 

Karen Gilbert-Smith

Principal

Whangārei Boys' High School

245 Western Hills Drive, The Avenues, Whangārei |  PO Box 5034, Whangārei
0140

P 09 430 4173  |  MOB 0272024211  |  [1]wbhs.school.nz

On Thu, 21 Sept 2023 at 11:26, Mal Robertson
<[2][FOI #22751 email]> wrote:

Dear Karen Gilbert-Smith,

My request was for correspondence not advice, and if you are not
releasing information I ask that you state clearly the grounds for not
doing so with reference to the legislation.

Yours sincerely,

Mal Robertson

-----Original Message-----

Kia ora Mal, I refer to the information below provided by the Ombudsman.
I
 apologise that we never received the following request from you. 
 ‘I would like a copy of any and all communications between members of
the
 Board of Trustees and the NZ School Trustees Association regarding last
 month's fatal excursion.

 I am particularly interested in any correspondence relating to
 communication about the incident including how to respond to OIA
requests,
 but all relevant information would be appreciated’
 I can confirm that we did not receive any advice from NZSTA in relation
to
 the tragedy at Abbey Caves. Again please accept my apology for this
 delayed response. 

 Ngā mihi 

 Karen Gilbert-Smith

 Principal

 Whangārei Boys' High School

 245 Western Hills Drive, The Avenues, Whangārei |  PO Box 5034,
Whangārei
 0140

 P 09 430 4173  |  MOB 0272024211  |  [1][3]wbhs.school.nz

-------------------------------------------------------------------
Please use this email address for all replies to this request:
[4][FOI #22751 email]

Disclaimer: This message and any reply that you make will be published
on the internet. Our privacy and copyright policies:
[5]https://urldefense.proofpoint.com/v2/url...

If you find this service useful as an Official Information officer,
please ask your web manager to link to us from your organisation's OIA
or LGOIMA page.

-------------------------------------------------------------------

P  Please consider the environment before printing this e-mail
CAUTION: This e-mail message and accompanying data may contain information
that is confidential and subject to privilege. If you are not the intended
recipient, you are notified that any use, dissemination, distribution or
copying of this message or data is prohibited. If you have received this
e-mail in error, please notify the sender immediately and delete all
material pertaining to this e-mail. Whangarei Boys’ High School will not
accept liability for any loss or damage caused by using any material or
attachments contained in this message. While every best practice has been
taken, no warranty is made that this material is free from computer virus
or other defect. Whangarei Boys’ High School’s entire liability will be
limited to resupplying the material.

References

Visible links
1. http://wbhs.school.nz/
2. mailto:[FOI #22751 email]
3. http://wbhs.school.nz/
4. mailto:[FOI #22751 email]
5. https://urldefense.proofpoint.com/v2/url...

hide quoted sections