Category: MIL-OSI

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When is information your personal information? Does it include references to other people that just happen to be on a file with your name on it? These are the questions that the Human Rights Review Tribunal, and High Court of New Zealand have considered in the recent decisions in Taylor v Chief Executive of the Department of Corrections ([2018] NZHRRT 35 and Taylor v Chief Executive of the Department of Corrections [2020] NZHC 383.

We have received questions about the impact of these decisions, including whether they change the definition of ‘personal information’ under the Privacy Act. We have also been asked what the decision means for agencies dealing with principle 6 access requests where the information relating to an individual contains details of third parties, especially staff members.  

The High Court decision in Taylor noted that Mr Taylor’s personal information appeared on the same pages as details of Corrections officers. It held that the names of Corrections staff appearing in Mr Taylor’s file were not personal information about Mr Taylor and did not need to be disclosed under the Privacy Act because it was essentially administrative information. The Court said because of that finding, it did not need to reach a view about whether any of the withholding grounds applied.

Was it “mixed information”?

The decision also clarified when information might be considered “mixed information” (information about the requester and another party or parties). In this case, the information was not “mixed information” – and information about Corrections staff did not automatically become Mr Taylor’s information because it appeared on the same page as information about him. This was because the information was not intertwined. It was possible to distinguish and redact details about Corrections staff from the personal information about Mr Taylor without making the substantive content of the documents unintelligible.

Context is important

What the decision in the High Court does not do is represent a significant change to the definition of personal information or say that staff details can never be personal information about a requester. Rather, it points to factors for agencies to consider when cases involve information about the requester and other individuals. The basis for the appearance of staff names on a file needs to be assessed, and that the context of the interaction will help agencies to make this decision.

In other situations, the Court said, information can clearly be about more than one person, such as when there has been a comparison between the complainant and other individuals, or the name of an informant who had provided information about the complainant to a law enforcement or decision-making body.

Applying the definition of ‘personal information’ in light of Taylor

This decision highlights that the context is very important for an agency dealing with personal information:

“ultimately in this case… what is Mr Taylor’s personal information comes down to an examination of the particular information in the particular context.”

Taylor provides guidance when deciding whether third party information can be the information about a requester and can be treated as “mixed information” about more than one person:

• Is the information “essentially administrative” – does the name of the third party appear in connection with the requester’s information because they were carrying out an administrative function, or for some other reason?
• For example, the name of the person who prints emails in order to respond to an access request is administrative information. But the name of a staff member who browses someone’s file without good reason, and the number of times they accessed the file could be personal information of the person who the file belongs to, because that staff member is not undertaking a purely administrative function in the course of their regular employment. (That information could attract the protection of one of the withholding grounds contained in sections 27-29 of the Act.)
• Do the redactions render the communications unintelligible? Do the redactions remove a name and phone number on a document, or do they remove so many details that the information about the requester no longer makes sense? Information that is so intrinsically intertwined will generally be about both the requester and the third party or parties, as that level of connection will indicate either an interaction between the parties or another nexus which means the information is about them both.

Apply correct withholding grounds

If an agency determines that the names or details of other individuals are not the personal information of the requester, then the agency should not assess or withhold this information under the Privacy Act.

In those circumstances, if the agency is subject to the Official Information Act (OIA) they should consider the request under the OIA. The Ombudsman has released guidance on withholding staff names.

You can find a copy of the High Court decision here.

Image credit: RNZ

IPP6 – access, Human Rights Review Tribunal

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Source: CTU

This Thursday 1 May (May Day) the union movement are holding a Nationwide Day of Action to fight back against the Government’s anti-worker agenda.

Thousands of workers from a wide range of industries in both the public and private sectors will be taking action including participating in lunchtime hui, stop work meetings, and strike action, with key events in 12 centres from Whāngarei to Invercargill.

“Every year on May Day workers and their unions around the world celebrate the union movement, our history, and our purpose – to build workers’ power and solidarity,” said NZCTU President Richard Wagstaff.

“This year we are coming together to resist the ongoing assault on workers and unions in Aotearoa New Zealand over the past 18 months. This Government has declared war on working people. They are removing our rights, destroying jobs, and ruining the economy.

“We are sending send a strong message to those in power that we demand a better deal for working people, and an end to the attack on unions. We will also be calling on the Government to deliver pay equity and honour Te Tiriti o Waitangi.

“Workers are sick and tired of having their rights trampled on by this Government, and this Thursday will be out in force to demand change,” said Wagstaff.

Details of nationwide events:

In addition to these main events, health unions have organised events at hospitals focusing on workers’ rights and the public health system. Details of those hui can be found here: https://link.nzctu.org.nz/click/sDAAiSKYLKJS.j2KawNATEPiY.fn2P4wBdbh_/2BOtzy1a/3s/www.psa.org.nz/campaigns/fight-back-together-maranga-ake-2025

Source: Palestine Solidarity Network Aotearoa

The Palestine Solidarity Network Aotearoa is demanding the New Zealand government justify its absence from submitters to the International Court of Justice hearings at the Hague into Israel blocking vital supplies entering Gaza.

The ICJ’s ongoing investigation into Israeli genocide in Gaza is now considering the illegality of Israel cutting off all food, water, fuel, medicine and other essential aid entering Gaza since early March.

Countries submitting include the UK, Spain, Belgium and Malaysia.  New Zealand is not on the list for making a submission.

PSNA Co-Chair Maher Nazzal says the New Zealand government has gone completely silent on Israeli atrocities in Gaza.

“A year ago, the Prime Minister and Foreign Minister were making statements about how Israel must comply with international law.”

“They carefully avoided blaming Israel for doing anything wrong, but they issued strong warnings, such as telling Israel that it should not attack the city of Rafah.”

“Israel then bombed Rafah flat.  The New Zealand response was to go completely silent.

“Israeli ministers are quite open about driving Palestinians out of Gaza, so Israel can build Israeli settlements there.  And they are just as open about using starvation as a weapon.”

“Our government says and does nothing.  Chris Luxon had nothing to say about Gaza when he met British Prime Minister Keir Stamer in London earlier in the month.  Yet Israel is perpetuating the holocaust of the 21^st Century under the noses of both Prime Ministers.”

Maher Nazzal says that it is deeply disappointing that a nation which so proudly invokes its history of standing against apartheid and of championing nuclear disarmament, chooses to not even appear on the sidelines of the ICJ’s legal considerations.

“New Zealand cannot claim to stand for a rules-based international order while selectively avoiding the rules when it comes to Palestine.”

“We want the New Zealand government to urgently explain to the public its absence from the ICJ hearings.  We need it to commit to participating in all future international legal processes to uphold Palestinian rights, and fulfil its ICJ obligations to impose sanctions on Israel to force its withdrawal from the Palestinian Occupied Territory.”

“If even small countries, such as Vanuatu, can commit their meagre resources to go to make a case to the ICJ, then surely our government can at the very least do the same.’

See here for the official list of countries and other organisations submitting to the ICJ

https://icj-cij.org/sites/default/files/case-related/196/196-20250423-pre-01-00-en.pdf

Co-National Chair

Palestine Solidarity Network Aotearoa

Source: Police investigating after shots fired at Hastings house

Date:  05 March 2025

The taonga were released on the predator-free island in Fiordland’s Tamatea/Dusky Sound on Friday, after two days in acclimatisation aviaries on the island.

The manu were bred and raised at The Isaac Conservation and Wildlife Trust and Orana Wildlife Park in Christchurch before being flown to Invercargill, where they were met by representatives from Ōraka-Aparima Rūnaka on behalf of Kaitiaki Rōpū Ki Murihiku.

Joshua Kingipotiki and Alex Taurima from Ōraka-Aparima Rūnaka accompanied the manu on their helicopter journey to the island, welcoming them with karakia and waiata.

“Being part of this release was a big learning experience and rather humbling, as it was the first time that I have been in the presence of kākāriki karaka,” Joshua Kingipotiki says.

Te Rūnanga o Ngāi Tahu Kākāriki Karaka Species Representative Yvette Couch-Lewis says it is exciting to have mana whenua representatives from Ōraka-Aparima leading the tikanga and kawa of welcoming the kākāriki karaka onto the motu, with assistance from a kaitiaki ranger.

“Ngāi Tahu is definitely on a journey with this manu,” Yvette Couch-Lewis says.

“Kākāriki karaka are our smallest parrots, but they have a great deal of mana and are proof that the best things can come in small packages.”

“For me it is a very emotional process seeing these manu, which have been born and raised in captivity, being released into the wild. There is a sense of amnesia associated with engaging with this manu because we haven’t had the opportunity in generations to observe them in their natural environment.

“Translocations such as this are important because they build the population up so that one day we can engage with kakariki karaka again.”

DOC Kākāriki Karaka Operations Manager Wayne Beggs says setting up a secure new wild site is a huge step forward for the recovery of the species.

“Kākāriki karaka are extremely vulnerable to introduced predators, so finding safe places for them to live and breed in the wild is vitally important for the species’ survival.

“The predator-free beech and rimu forest on Pukenui/Anchor Island should be a great site for kākāriki karaka to flourish.”

Isaac Conservation and Wildlife Trust (ICWT) CEO Rob Kinney says the last six months of intensive husbandry by staff at ICWT is a testament to their dedication and expertise in caring for this critically endangered bird species.

“We are proud of our partnership with DOC and our involvement in this important conservation project.”

The vision of the recently released kākāriki karaka recovery strategy, Te Ara Mōrehu, is that kākāriki karaka will be thriving independently in the wild, with ten self-sustaining populations in the Ngāi Tahu takiwā in the next 20 years.

The recovery programme thanks tourism operator RealNZ and specialist insole company Formthotics for their significant donations which made the translocation and follow-up monitoring possible.

“RealNZ’s purpose is to help the world fall in love with conservation, and one of our flagship events aligned to this purpose is our annual Conservation Ball, aligning with the Department of Conservation to identify key projects that would benefit from our support,” says RealNZ CEO Dave Beeche.

“It’s incredible to see the funds raised from the 2023 Conservation Ball in action, assisting with the translocation of these critically endangered manu to Pukenui Anchor Island.”

Wayne says a lot of planning, effort, and cost goes into a translocation like this, and its success relies on a range of people and groups working together.

“We plan to do more translocations in the future. The NZ Nature Fund is raising money for this work and the public can contribute through their website.”

The kākāriki karaka recovery programme is supported by The Isaac Conservation and Wildlife Trust, Orana Wildlife Park, Canterbury University, Mainpower, and the NZ Nature Fund.

Related links

Background information

Kaitiaki Rōpū Ki Murihiku represent the four southern Ngāi Tahu Papatipu Rūnanga: Te Rūnanga o Hokonui, Ōraka-Aparima Rūnaka, Waihōpai Rūnaka, and Te Rūnaka o Awarua.

With about 450 left in the wild, kākāriki karaka are the rarest mainland forest bird in Aotearoa. The population naturally fluctuates based on environmental conditions.

They were once plentiful across the country but proved an easy meal for introduced predators and were affected by habitat loss, which saw their numbers dwindle.

Because they nest and roost in holes in trees, kākāriki karaka are extremely vulnerable to rats, stoats and cats.

The species was twice declared extinct in the past (in 1919 and 1965) before being rediscovered in the late 1980s.

Anchor Island/Pukenui is already home to a range of threatened bird species including kākāpō.

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Source: Police investigating after shots fired at Hastings house

Date:  11 March 2025

The invasive plant Cuscuta campestris – also known as “golden dodder”, and more commonly referred to as simply “cuscuta” – was previously only known to be in north Waikato. That was until it was identified near the Piako River in 2024, on a stretch of the Kopuatai peat dome in DOC’s Hauraki operations district.

Cuscuta is a parasitic plant that sucks nutrients from other plants, and has the potential to smother native plant species. It can grow on a wide variety of plants, including pasture crops and waterfowl food, compromising both recreational and biodiversity values wherever it is found.

Biodiversity Ranger Rachel Langman says C. campestris was discovered by DOC staff at Kopuatai while doing routine trap checks. They called on colleagues from DOC’s Waikato district for initial support in how to address the infestation.

“Kopuatai is a Ramsar site and an important habitat for threatened native species like matuku-hūrepo/bittern, mātātā/fern birds, and native fish,” says Rachel.

“Cuscuta presents a real threat to those species if left unchecked. New Zealand’s native species are unique and special, and most are only found here. Once they’re gone, they’re gone forever.”

To address the Kopuatai infestation, staff from DOC and Waikato Regional Council collaborated on a plan, which saw a large digger rolled out onto the site in January.

The digger’s role was to remove the top 10cm of soil – containing cuscuta seed – and burying that soil in a 1m deep hole so the seeds couldn’t germinate. This will prevent the weed from growing or being spread to other areas through human activity.

“Although the digger method seems drastic, it was identified as the best approach to controlling the infestation before it became unmanageable,” says Rachel.

“We expect grasses, which are not a host of cuscuta, to regenerate where the topsoil has been removed.”

“Our team will continue to monitor the area regularly to prevent the reinfestation of this plant pest.”

If anyone sees cuscuta on land managed by DOC, they should call 0800 DOC HOT and, if possible, provide the exact location so rangers can investigate.

Aotearoa New Zealand has more threatened species than anywhere else in the world, with over 4000 species considered threatened or at risk of extinction. It is vital we all work together to bring nature back from the brink, by removing pests and restoring ecosystems to create safe havens for native wildlife.

Background information

Cuscuta campestris seeds can be spread by seed and plant fragments being moved by water, vehicles, equipment, clothing or animals – hence the work alongside the river. Seeds can also survive the digestive tracts of birds and animals.

If left unmanaged, cuscuta can grow up to five metres in two months, smothering surrounding plants.

One cuscuta plant can produce up to 16,000 seeds. Infestations can spread to surrounding areas including other wetlands and farmland, where it can reduce the food source for ducks, lower crop production and has found to be potentially toxic to cattle.

The Convention on Wetlands was adopted in the Iranian city of Ramsar in 1971 and came into force in 1975. Kopuatai Wetland is one of seven Ramsar sites in New Zealand. The largest unaltered raised bog in New Zealand, it is surrounded by mineralized swampland and associated lagoons.

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Source: Police investigating after shots fired at Hastings house

Date:  03 March 2025

An annual event on the North Island hunting calendar, the competition is managed by DOC’s Maniapoto team with support from the NZ Deerstalkers Association. It opens on 15 March and concludes on 27 April with a prizegiving at the DOC Pureora workshop.

DOC Senior Ranger Community Ray Scrimgeour – who has a long association with the event – says this year’s competition puts the focus on the “dynamic” deer herd found within Pureora Forest.

“From our own data and reports from hunters, we’re seeing deer in different condition depending on where they’re taken in the forest,” Ray says.

In some parts of the forest, particularly around the forest’s edges, the deer are in good condition. In more remote areas there are indications the condition of the animals is poor – suggesting a diet of less palatable plants and high dependency on litter (leaf and vegetation) fall.

Less palatable plants dominate in forests where high numbers of deer eat through appetising plants, reducing forest diversity and ecosystem health.

“We’re aware the Pureora Forest deer herd is increasing, so the competition – and any deer hunting in the area – helps us keep deer numbers in balance with the habitat, resulting in healthy animals and a healthy ecosystem,” Ray says.

“We get a range of information about the deer herd from the competition entries we receive, as well as the discussions we have with the hunters who participate in the competition. It’s very valuable for us.

“Although a big stag with impressive antlers is always a sought-after prize, we’re also encouraging hunters to target hinds across the forest, as analysing their jaw bones will give us very helpful data on the herd.”

There are no pig hunting categories in the competition this year. DOC has recently completed an aerial predator control operation across parts of the forest to protect the forest’s significant stands of native trees and birds such as kokako, kākā and kākāriki.

Because dogs are at risk from scavenging affected animals, pig hunting categories have been removed from the competition this year.

The competition is free to enter for any hunter with a current DOC permit to hunt in the area.

Entries can be sighted at one of nine recording centres throughout the competition and all entries registered at the prizegiving are eligible to win category and spot prizes.

Competition prizes have been donated by a range of organisations in the hunting sector and by local businesses. Many of these sponsors have consistently supported the competition over many years.

For more information on the Pureora Hunting Competition, including this year’s competition categories and rules, visit Pureora Hunting Competition.

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