27 November 2023
By email
: [FYI request #24595 email]
Tēnā koe AM
I refer to your information request dated 30 October 2023 made under the Official Information Act
1982 (the Act). You have requested mark and grade distributions for all Full Year and Semester 2
300-level and 400-level LAWS papers offered by the University of Otago.
Subject to the following comments, please see attached the information you have requested. Please
note that there are two pages in the attached spreadsheet (one for each paper year level).
• the data is correct as at 24 November 2023.
• we note that the grade and mark distributions for the 2023 LAWS398 and LAWS498 papers
have not been finalised yet as the final grades for some students have not been confirmed. On
that basis, we decline this part of your request pursuant to section 18(g) of the Act, as the
information requested is not held by the University as at today’s date. We would be happy to
consider a new request from you at a later date if you still wish to receive this information –
we expect that all student grades will be confirmed by late February 2024. However, we note
that LAWS398 and LAWS498 are papers where only a “Completed” grade is awarded (i.e., not
a percentage mark).
• on occasions where fewer than five students have failed a paper (i.e., received a grade of Fail
D or Fail E), we have determined that it is necessary to withhold the marks and specific grades
for these students to protect their privacy and wellbeing. We consider that withholding this
information is necessary to protect against the identity of these students being determined or
inferred, and their personal information (i.e., their marks) could be disclosed. We therefore
withhold this information pursuant to section 9(2)(a) of the Act.
• on occasions where fewer than ten students are enrolled in a paper, we determine that it is
necessary to withhold the mark and grade distributions for these papers. As there were fewer
than ten enrolments in the 2023 LAWS478 and LAWS480 papers, we have withheld the mark
and grade distribution for these papers to protect students’ privacy and wellbeing. We
consider that withholding this information is necessary to protect against the identity of these
students being determined or inferred, and their personal information (i.e., their marks and
grades) could be disclosed. We therefore withhold this information pursuant to section 9(2)(a)
of the Act.
• in the attached grade and mark distributions, we note that students who withdrew from the
papers are excluded from the data.
I trust that this information will be helpful.
In the above cases, we consider that good reasons exist for withholding information, and this is not
outweighed by other considerations which would make it desirable, in the public interest, to make the
information available.
If you are not satisfied with our response to your information request, section 28(3) of the Act
provides you with the right to ask an Ombudsman to investigate and review this response. However,
we would welcome the opportunity to discuss any concerns with you first.
Yours sincerely
Kelsey Kennard
Official Information and Compliance Coordinator
Office of the Registrar