SUBJECT: FORMAL OBJECTION – UNLAWFUL TRANSFER AND FAILURE TO EXERCISE OIA DUTY

SUBJECT: FORMAL OBJECTION – UNLAWFUL TRANSFER AND FAILURE TO EXERCISE OIA DUTY

Ref: OIA-2025/26-0671
WITHOUT PREJUDICE (EXCEPT AS TO COSTS)

 

To: Jenna Hansen
Manager, Accountability and Ministerial Services
Department of the Prime Minister and Cabinet

 

1. INTRODUCTION

I refer to your letter dated 28 April 2026 regarding the partial transfer of my request.

This correspondence constitutes a formal objection to that transfer and a requirement that DPMC properly discharge its statutory obligations under the Official Information Act 1982 (OIA).

 

2. DPMC CONFIRMS IT HOLDS THE INFORMATION

Your letter expressly confirms:

“DPMC hold all Cabinet and Cabinet Committee papers and Minutes.”  

This is determinative.

Under the OIA, the relevant threshold is whether information is held by the agency, not whether another agency may have operational involvement.

 

3. TRANSFER UNDER SECTION 14 IS MISAPPLIED

Section 14 permits transfer only where:

the information is not held, or

is more closely connected with another agency’s functions

In this case:

The information is held by DPMC;

Cabinet papers arise from central executive decision-making, not Police operational ownership;

DPMC, via the Cabinet Office, is the constitutional custodian of Cabinet material.

 

4. CABINET MATERIAL IS NOT POLICE INFORMATION

Cabinet papers:

Are created for Cabinet and Ministers;

Form part of executive government decision-making processes;

Are held and administered by Cabinet Office within DPMC.

Police may contribute input, but they are not the decision-making authority for Cabinet records.

 

5. FAILURE TO MAKE A DECISION UNDER THE OIA

By transferring this material, DPMC has:

Avoided assessing:

availability

withholding grounds

Failed to apply:

sections 6, 9, or 18 of the OIA

This constitutes a failure to make a lawful decision on information it holds.

 

6. CABINET MANUAL DOES NOT OVERRIDE THE OIA

You rely on Cabinet Manual paragraph 8.5.

However:

The Cabinet Manual is guidance only, not law  

It cannot:

override statutory obligations

displace the OIA decision-making framework

 

7. IMPROPER FRAGMENTATION OF REQUEST

The selective transfer of only the Cabinet material:

Separates the most sensitive information;

Undermines the integrity of the request;

Frustrates the purpose of the OIA.

 

8. FORMAL REQUIREMENT

DPMC is now required to:

Withdraw the transfer decision relating to part 3(a);

Confirm that DPMC will:

assess the Cabinet material directly;

apply OIA decision-making properly;

Provide:

the requested Cabinet papers; or

a lawful refusal citing specific statutory grounds.

 

9. NOTICE OF ESCALATION

If this matter is not rectified, I will:

Lodge a formal complaint with the Ombudsman;

Assert that DPMC has:

failed to comply with the OIA;

acted inconsistently with constitutional transparency principles;

Rely on this failure in any further legal proceedings.

 

10. RESPONSE REQUIRED

Please confirm your position within 5 working days.