Dear Tony

I refer to your request dated 29 July 2016 under the Official information Act 1982 (OIA) for information about the University of Waikato’s decision to block emails from your gmail account ([email address]). I also refer to your email to the Vice-Chancellor dated 31 July 2016 where you clarified your original request, by asking for any email or other communication around that decision.

As per the email from the Vice-Chancellor to you dated 31 July 2016, the decision to block emails from your gmail account was made solely by him. As such, the University holds no emails or other communication around the Vice-Chancellor’s decision to block emails from your gmail account. This may constitute a refusal of your request for emails or other communication on the ground that the University does not hold them (see section 18 (g) of the OIA).

With respect to the details around how the decision was reached by the Vice-Chancellor, consideration was had to the following:

1. Your gmail account is an external address, not a student email address and therefore not covered by University policies or processes and the Vice-Chancellor is not required to enter into any particular process prior to blocking;

2. University staff were in receipt of daily unsolicited emails, some of which the University considered aggressive and threatening in nature;

3. The University considered that the emails from your gmail account were received from you in your capacity as a private citizen;

4. The quantity and content of the communications were deemed to be a source of spam directed at members of the University community; and

5. As their employer, the University has a duty to protect its staff.

We trust that the above response answers your query. In terms of the University not holding any emails or other communication around how the decision was reached by the Vice-Chancellor, you have the right, under section 28 (3) of the OIA, to seek a review by way of a complaint to the Ombudsman.

Kind regards

Duanna Fowler
Director, Office of the Vice-Chancellor
The University of Waikato
HAMILTON

Phone: +64 7 838 4665
Mobile: +64 21 154 0814

On 29/07/2016, at 1:46 pm, Tony Cartner <[FOI #4320 email]> wrote:

Dear University of Waikato,
I have recently had access from my home email ([email address]) to any University emails ie those ending @waikato.ac.nz blocked. I do not believe any due process was followed and want to know the details around how the blocking decision was reached and who was involved in the process including the final decision.

Yours faithfully,

Tony Cartner.
UoW Student id 1295342

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This is an Official Information request made via the FYI website.

Please use this email address for all replies to this request:
[FOI #4320 email]

Is [University of Waikato request email] the wrong address for Official Information requests to University of Waikato? If so, please contact us using this form:
https://fyi.org.nz/change_request/new?bo...

Disclaimer: This message and any reply that you make will be published on the internet. Our privacy and copyright policies:
https://fyi.org.nz/help/officers

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.

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hide quoted sections

Dear Duanna on behalf of the university ,
I'll put through the complaint to the Ombudsperson this very evening. As you
can imagine I consider this is a very obstructive response and I'll make
the point of vexatious behaviour in this respect to those who control your
behaviour in this matter. All the best with any repercussions.
regards
Tony

-----Original Message-----
From: Duanna Fowler
Sent: Thursday, August 4, 2016 7:27 PM
To: Tony Cartner
Cc: Marg and Tony Cartner
Subject: Re: Official Information request - Request any email or other
traffick concerning the decision to remove my email access from
[email address] to any University emails

Dear Tony

I refer to your request dated 29 July 2016 under the Official information
Act 1982 (OIA) for information about the University of Waikato’s decision to
block emails from your gmail account ([email address]). I also refer
to your email to the Vice-Chancellor dated 31 July 2016 where you clarified
your original request, by asking for any email or other communication around
that decision.

As per the email from the Vice-Chancellor to you dated 31 July 2016, the
decision to block emails from your gmail account was made solely by him. As
such, the University holds no emails or other communication around the
Vice-Chancellor’s decision to block emails from your gmail account. This may
constitute a refusal of your request for emails or other communication on
the ground that the University does not hold them (see section 18 (g) of the
OIA).

With respect to the details around how the decision was reached by the
Vice-Chancellor, consideration was had to the following:

1. Your gmail account is an external address, not a student email
address and therefore not covered by University policies or processes and
the Vice-Chancellor is not required to enter into any particular process
prior to blocking;

2. University staff were in receipt of daily unsolicited emails, some
of which the University considered aggressive and threatening in nature;

3. The University considered that the emails from your gmail account
were received from you in your capacity as a private citizen;

4. The quantity and content of the communications were deemed to be a
source of spam directed at members of the University community; and

5. As their employer, the University has a duty to protect its staff.

We trust that the above response answers your query. In terms of the
University not holding any emails or other communication around how the
decision was reached by the Vice-Chancellor, you have the right, under
section 28 (3) of the OIA, to seek a review by way of a complaint to the
Ombudsman.

Kind regards

Duanna Fowler
Director, Office of the Vice-Chancellor
The University of Waikato
HAMILTON

Phone: +64 7 838 4665
Mobile: +64 21 154 0814

On 29/07/2016, at 1:46 pm, Tony Cartner
<[FYI request #4320 email]> wrote:

Dear University of Waikato,
I have recently had access from my home email ([email address]) to
any University emails ie those ending @waikato.ac.nz blocked. I do not
believe any due process was followed and want to know the details around how
the blocking decision was reached and who was involved in the process
including the final decision.

Yours faithfully,

Tony Cartner.
UoW Student id 1295342

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

This is an Official Information request made via the FYI website.

Please use this email address for all replies to this request:
[FYI request #4320 email]

Is [University of Waikato request email] the wrong address for Official Information requests to
University of Waikato? If so, please contact us using this form:
https://fyi.org.nz/change_request/new?bo...

Disclaimer: This message and any reply that you make will be published on
the internet. Our privacy and copyright policies:
https://fyi.org.nz/help/officers

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.

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

Hi Duanna,
As noted the OIA is appointing a case manager or some such to look into your
refusal to supply communications. Since the Council has declined to look
into the substance of the complaint they suggested I can take the full
complaint ie the substantive as well as the request you declined directly to
the Office of the Ombudsman.

Incidentally the VC stated in his email reply to me:

"Where staff of the University are receiving numerous unsolicited,
aggressive and in some cases threatening emails I have a duty as their
employer to protect them."

Since I did not include Neil in my emails it is hard to see where he can
have obtained his information unless someone communicated with him.
regards
Tony

-----Original Message-----
From: Duanna Fowler
Sent: Thursday, August 4, 2016 7:27 PM
To: Tony Cartner
Cc: Marg and Tony Cartner
Subject: Re: Official Information request - Request any email or other
traffick concerning the decision to remove my email access from
[email address] to any University emails

Dear Tony

I refer to your request dated 29 July 2016 under the Official information
Act 1982 (OIA) for information about the University of Waikato’s decision to
block emails from your gmail account ([email address]). I also refer
to your email to the Vice-Chancellor dated 31 July 2016 where you clarified
your original request, by asking for any email or other communication around
that decision.

As per the email from the Vice-Chancellor to you dated 31 July 2016, the
decision to block emails from your gmail account was made solely by him. As
such, the University holds no emails or other communication around the
Vice-Chancellor’s decision to block emails from your gmail account. This may
constitute a refusal of your request for emails or other communication on
the ground that the University does not hold them (see section 18 (g) of the
OIA).

With respect to the details around how the decision was reached by the
Vice-Chancellor, consideration was had to the following:

1. Your gmail account is an external address, not a student email
address and therefore not covered by University policies or processes and
the Vice-Chancellor is not required to enter into any particular process
prior to blocking;

2. University staff were in receipt of daily unsolicited emails, some
of which the University considered aggressive and threatening in nature;

3. The University considered that the emails from your gmail account
were received from you in your capacity as a private citizen;

4. The quantity and content of the communications were deemed to be a
source of spam directed at members of the University community; and

5. As their employer, the University has a duty to protect its staff.

We trust that the above response answers your query. In terms of the
University not holding any emails or other communication around how the
decision was reached by the Vice-Chancellor, you have the right, under
section 28 (3) of the OIA, to seek a review by way of a complaint to the
Ombudsman.

Kind regards

Duanna Fowler
Director, Office of the Vice-Chancellor
The University of Waikato
HAMILTON

Phone: +64 7 838 4665
Mobile: +64 21 154 0814

On 29/07/2016, at 1:46 pm, Tony Cartner
<[FOI #4320 email]> wrote:

Dear University of Waikato,
I have recently had access from my home email ([email address]) to
any University emails ie those ending @waikato.ac.nz blocked. I do not
believe any due process was followed and want to know the details around how
the blocking decision was reached and who was involved in the process
including the final decision.

Yours faithfully,

Tony Cartner.
UoW Student id 1295342

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

This is an Official Information request made via the FYI website.

Please use this email address for all replies to this request:
[FOI #4320 email]

Is [University of Waikato request email] the wrong address for Official Information requests to
University of Waikato? If so, please contact us using this form:
https://fyi.org.nz/change_request/new?bo...

Disclaimer: This message and any reply that you make will be published on
the internet. Our privacy and copyright policies:
https://fyi.org.nz/help/officers

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.

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