DOIA REQ 0003017 A Smith Response.pdf

6 November 2024

A Smith
[FYI request #28402 email]
DOIA-REQ-0003017

Tēnā koe A Smith

Thank you for your email of 15 September 2024 to the Ministry of Business, Innovation and Employment
(MBIE) requesting, under the Official Information Act 1982 (the Act), the fol owing:

I would like to request al  available information in the form of emails and other
communications, finalised or draft documents and projects related to any kind of
complaints process for language service providers (LSPs), translators and/or interpreters
which has been developed, started to be developed, has been planned and/or discussed,
particularly since the creation of the Language Assistance Services (LAS) project. I would
like information about any accountability process discussed to fol ow up on LSPs
engaging NAATI interpreters first, meeting the conditions in their agreements and
fol owing the LAS policy (whether the process has been implemented or not, whether it
is being planned, developed or disregarded).

On 10 October 2024, we advised you that MBIE had decided to extend the period of time to make a
decision on your request under section 15A(1)(a) of the Act, as the request necessitates a search through
a large quantity of information and meeting the original time limit would unreasonably interfere with
the operations of MBIE.

Our Response

The  Language  Assistance  Services  programme  was  initiated  in  2017  following  two  reviews  that
recommended changes to address barriers and gaps and improve access to publicly-funded interpreting
and translation services.

In 2020, Connecting Now was contracted by MBIE, as the Lead Agency, to provide telephone and video
interpreting  (following  Ezispeak’s  liquidation).  In  2021,  10  Language  Service  Providers  (LSPs)  were
contracted  by  MBIE  to  deliver  face-to-face interpreting services to participating agencies via a
syndicated agreement.

LSPs  and  participating  agencies’  obligations  are  set  out  under  the  Lead  Agency  Agreements  and
Participating Agency Agreements. We have determined speciﬁc components of the face-to-face and
telephone and video interpreting services agreements related to disputes resolution processes and roles
to  be  in  scope  of  your  request  for  information  related  to  complaints  processes  for  LSPs.  We have
provided excerpts of these sections of the agreements as appendices to this letter.

It  is  a  contractual  requirement  that  LSPs  use  National  Accreditation  Authority  for  Translators  and
Interpreters (NAATI) accredited interpreters. But because the majority of interpreters are stil  working
towards their NAATI accreditation, the LSPs have been instructed to follow the priority order as stated
in clause 2.3 of the Operational Policy. The requirement for LSPs to follow the priority order started from
1 July 2024.

The  Operational  Policy  requirements,  which  apply  to  public  sector  agencies  that  use  interpreting
services, require agencies to ensure staﬀ and users of the services have complaints processes available
and are informed of the complaint processes. As the policy is publicly available, I am refusing this under
section 18(d) of the Act. The policy is publicly available here:
https://www.mbie.govt.nz/dmsdocument/28909-language-assistance-services-operational-policy-for-
new-zealand-public-sector-agencies-and-those-they-fund-2024-pdf

I am also refusing a further document outlining service and escalation contacts for the telephone and
video interpreting service under section 18(d) of the Act, as this is publicly available here:
https://www.mbie.govt.nz/dmsdocument/12929-connecting-now-escalation-contact-list

I have attached the information relating to complaints processes and discussions about accountability
in response to your request. Information out of scope has been removed and pages withheld in ful  have
been removed. Some information has been withheld under sections of the Act:

•  9(2)(a), to protect the privacy of natural persons,
•  9(2)(g)(i), to protect the free and frank expression of opinions,
•  9(2)(h), to maintain professional legal privilege,
•  9(2)(j), where required to al ow MBIE to carry on negotiations.

I have considered whether withholding that information is outweighed by other considerations which
render it desirable, in the public interest, to make that information available, in accordance with section
9(1) of the Act, however it is my opinion that such grounds do not exist.

You have the right to seek an investigation and review by the Ombudsman of the Ministry’s response to
your request, in accordance with section 28(3) of the Act. Information about how to make a complaint is
available at www.ombudsman.parliament.nz or freephone 0800 802 602.

If you wish to discuss any aspect of your request or this response, please contact [email address].

Nāku noa, nā

Fiona Whiteridge
General Manager Refugee and Migrant Services
Immigration New Zealand
Ministry of Business, Innovation & Employment