OIA 2026-0215 – RESPONSE – Tracy.pdf

Kia ora Nicky,

Thank you for your letter dated 23 July 2026 regarding my Official Information Act 1982 request (OIA 2026-0215). 

OIA 2026-0215 – RESPONSE – Tracy.pdf

I note your statement that the Public Service Commission does not hold the information requested and that, ordinarily, section 14(b) of the Official Information Act would require the request to be transferred to the agency that holds the information or whose functions are more closely connected with it. 

OIA 2026-0215 – RESPONSE – Tracy.pdf

However, your decision not to transfer the request because I had also sent it directly to other agencies raises several questions.

My request expressly asked that, where information was not held, the relevant part of the request be transferred under section 14 and that the agency likely to hold the information be identified. Your response acknowledges that this would ordinarily be the statutory course but does not identify the legal basis upon which the Commission considered itself relieved of that obligation because duplicate requests had already been sent elsewhere. 

OIA 2026-0215 – RESPONSE – Tracy.pdf

Accordingly, I request clarification of the following:

1. What statutory provision or legal authority did the Commission rely upon in deciding not to transfer my request under section 14 of the Official Information Act?
2. What searches or enquiries were undertaken before concluding that the Commission held no information within the scope of my request?
3. Which business units, records, databases, ministerial files, or officials were consulted?
4. Did the Commission consider whether it holds any information relating to:
   • cross-government policy or coordination;
   • public service stewardship;
   • ministerial briefings;
   • Cabinet-related papers;
   • guidance, circulars, risk assessments, or governance documents concerning the matters raised in my request?
5. If no such records are held, please confirm that this conclusion was reached after reasonable enquiries and searches consistent with the Official Information Act.

I also note that your response identifies the Department of Internal Affairs, Inland Revenue, the Ministry of Business, Innovation and Employment, the Treasury, New Zealand Police, and the Ministry of Social Development as the agencies whose functions are more closely connected with the information sought. 

OIA 2026-0215 – RESPONSE – Tracy.pdf

Please confirm that the Commission has no remaining records, whether created internally or received from other agencies, that fall within the scope of my request.

I look forward to your response within the time prescribed by the Official Information Act.

Yours sincerely,

Tracy Lynch
Attorney
InLandsAirWater Counsel – Private Trust NDA
[email protected]