Here is a link to the media release mentioned in my request: https://beehive.govt.nz/release/ten-cent...

I have laid the following complaint with the Ombudsman:

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Tēnā koe,

I would like to lodge a formal complaint regarding an overdue response to a request for official information.

The Minister of Police received a request for official information from me on 2017/02/02. The final day of the 20 working days allowable by the Official Information Act was 2017/03/03, however this date has now passed and I have not yet received a response.

Here is a brief timeline of all correspondence regarding this request to date:

2017/02/02 - The Minister of Police received my request
2017/02/02 - I received an acknowledgement of receipt of my request from the Minister of Police
2017/02/07 - I received a further acknowledgement from the Minister of Police that my request was being processed

There has been no further correspondence to date.

All correspondence between myself and the Minister of Police regarding this complaint can be found on the FYI website at this URL:

https://fyi.org.nz/request/5323-evidence...

I have also attached a zip file containing all correspondence I have had with the Minister of Police regarding this request. Please don’t hesitate to contact me if any part of my complaint is unclear, or if you require any more information from me.

Ngā mihi,
Mark Hanna

The Ombudsman's guidance on section 18(d) of the Official Information Act: http://www.ombudsman.parliament.nz/syste...

"As to what is meant by “soon” in the context of section 18(d), this is a question of fact to be determined in the circumstances of the case. The section presupposes, however, an element of certainty about when the information will become publicly available. In these circumstances, it is good practice to provide the requester with a specific date of release or to explain the perceived difficulty in meeting the request immediately.

Section 18(d) should not be relied upon if to do so would undermine the purposes of the OIA. Those purposes are set out in section 4. For example, it should not be used to
delay the release of information which is intended to be incorporated in other material which, although to be made public at a later date, may still require the making of other
policy decisions."

I have sent the following update on my complaint to the Ombudsman:

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Tēnā koe,

This is an update on the request to the Minister of Police that is the subject of complaint 448574.

My original complaint regarded the lateness of the response. I would now like to add the grounds that section 18(d) of the Official Information Act is being abused.

Here is a brief timeline of the correspondence regarding this request that has happened since I lodged my complaint:

2017/03/06 - I sent a reminder to the Minister of Police that the allowable 20 working days had elapsed
2017/03/08 - I received a response from Ali Sedgwick, Private Secretary to the Minister of Police. Part of my request was denied citing section 18(d) of the Official Information Act as documents I had requested would be released “soon”
2017/03/08 - I asked for clarification on exactly when these documents would be released
2017/03/08 - I received an automatic reply from Ali Sedgwick that she was not in the office
2017/03/18 - I sent a follow-up message to the Minister of Police asking for clarification on exactly when these documents would be released
2017/03/29 - I sent a second follow-up message to the Minister of Police asking for clarification on exactly when these documents would be released

As I noted in my first follow-up message to the Minister of Police, I am aware that the Ombudsman’s guidelines on section 18(d) note that:

"As to what is meant by “soon” in the context of section 18(d), this is a question of fact to be determined in the circumstances of the case. The section presupposes, however, an element of certainty about when the information will become publicly available. In these circumstances, it is good practice to provide the requester with a specific date of release or to explain the perceived difficulty in meeting the request immediately.

Section 18(d) should not be relied upon if to do so would undermine the purposes of the OIA. Those purposes are set out in section 4. For example, it should not be used to delay the release of information which is intended to be incorporated in other material which, although to be made public at a later date, may still require the making of other policy decisions."

It has now been three weeks since I was told the documents I had requested would be released “soon”, and I have asked on three separate occasions for clarification. I have yet to hear any clarification on when these documents will be released, or if they have been released already. I believe this is inconsistent with how section 18(d) of the Official Information Act should be used.

All correspondence regarding this request can be found on the FYI website at this URL:

https://fyi.org.nz/request/5323-evidence...

I have attached a zip file of all correspondence I have had regarding this request since I initially lodged my complaint with the Ombudsman. Please don’t hesitate to contact me if any part of this extension to my complaint is unclear, or if you require any more information from me.

Ngā mihi,
Mark Hanna

My complaint to the Ombudsman regarding how this request was handled has now been resolved. Here are the relevant sections of their correspondence to me regarding this complaint:

"I am informed that your request was received by the Minister on 2 February 2017. By my calculation, a decision should have been made and communicated to you by 3 March 2017 at the latest. However, I understand that no decision as made on your request by that date.

As a result, I have formed the final opinion that there has been a failure to meet the requirements imposed by the OIA.

I understood that you now have the response sought, and therefore I have not found it necessary to make a recommendation in this case. However, I have reminded the Minister that timeliness, and compliance with the OIA, are fundamental obligations. I note that this year my Office will begin a programme of proactive investigations into agencies' official information practices, and the frequency of delay complaints such as yours will be one factor taken into account in deciding which agencies will be included in that programme."

"Having considered all the issues raised, I have now formed the opinion that the Minister should not have refused your request under section 18(d) of the OIA. The attached Appendix is an extract of my letter to the Minister, regarding your request which was refused under section 18(d) of the OIA.

The Minister has accepted my opinion in respect of both matters and noted my advice around managing OIA requests. In the circumstances, I do not intend to make a recommendation in this case."

"Appendix 1. Extract from my letter to the Minister

My provisional opinion

In this case, the decision to refuse the request under section 18(d) does not appear justified.

Given that the information is now publicly available, I do not consider it necessary to make any recommendation in this case. However, I would like to suggest that in future cases where section 18(d) is being considered as a reason for refusal, the following points are taken into account:

- Releasing the information to requestors as soon as reasonably practicable particularly where no harm or prejudice has been identified in the release of the information;

- Providing requestors with a specific date (or a date by which) it is expected that the information will be released; and

- Notifying requestors by providing a link to the information when it becomes known that the release of the information is imminent."