OIA Requests to Ministry of Justice and the Minister's office

OFFICIAL INFORMATION ACT REQUEST

TO: The Ministry of Justice
AND TO: The Office of the Minister of Justice
DATE: Wed 23 July

1. REQUESTOR DETAILS

2. SCOPE OF REQUEST

2.1 I hereby request, pursuant to section 12 of the Official Information Act 1982, all information held by your agencies relating to communications, interactions, and engagements between:

(a) The Ministry of Justice and/or the Office of the Minister of Justice (including all staff, officials, and representatives); AND

(b) The Free Speech Union (FSU) and/or any person acting on behalf of, representing, or affiliated with the FSU, including but not limited to:

• FSU employees, contractors, and consultants
• FSU Advisory Council members
• FSU officers and directors
• Legal representatives acting for the FSU
• Any third parties communicating on FSU matters

2.2 The requested information shall cover the period from: (a) For the Ministry, 23 July 2023 to the present date; AND (b) For the Minister's office, the date of the current Minister of Justice taking office to the present date

3. INFORMATION CATEGORIES SOUGHT

3.1 Without limiting the generality of the above, the request specifically encompasses:

(a) All correspondence, including but not limited to:

• Emails (including attachments, calendar invitations, and automated responses)
• Letters (physical and electronic)
• Memoranda
• Text messages and instant messaging communications
• Social media communications

(b) Meeting records, including:

• Meeting minutes and notes
• Attendance records
• Action items and follow-up correspondence
• Audio/video recordings where available
• Calendar entries and scheduling communications

(c) Telephone communications, including:

• Call logs and records
• Notes of telephone conversations
• Voicemail messages and transcripts

(d) Collaborative materials, including:

• Draft documents exchanged between parties
• Joint statements or press releases
• Working group materials
• Consultation documents

(e) Formal documentation, including:

• Agreements, memoranda of understanding, or contracts
• Terms of reference for any joint initiatives
• Legal opinions or advice relating to FSU matters
• Policy proposals or submissions

(f) Internal communications regarding the FSU, including:

• Briefing papers and aide-memoires
• Internal emails discussing FSU matters
• File notes and annotations
• Ministry analysis of FSU positions or activities

4. PREEMPTIVE RESPONSE TO WITHHOLDING GROUNDS

4.1 I respectfully submit that common grounds for withholding under section 9 of the OIA should not apply to this request for the following reasons:

4.2 Public Interest Override (s.9(1)) The public interest in disclosure manifestly outweighs any grounds for withholding given: (a) The FSU's public advocacy role and stated commitment to transparency (b) The democratic importance of understanding government engagement with advocacy groups (c) The FSU's own public position advocating for maximum disclosure and transparency.

4.3 Legal Professional Privilege (s.9(2)(h)) Any claim to privilege should be narrowly construed and: (a) Limited only to communications seeking or providing legal advice (b) Not extended to factual information or administrative communications (c) Subject to waiver where matters have been publicly discussed

4.4 Free and Frank Opinions (s.9(2)(g)(i)) This ground should not apply where: (a) The FSU has publicly stated positions on matters discussed (b) Officials were aware communications might be subject to OIA requests (c) Sufficient time has passed to diminish any chilling effect

4.5 Privacy (s.9(2)(a)) Privacy concerns can be addressed through targeted redaction of: (a) Personal contact details only (b) Information unrelated to official FSU business, While preserving the substance of official communications

4.6 Confidentiality (s.9(2)(ba)) Given the FSU's public commitment to transparency and "free speech," any expectation of confidentiality would be: (a) Inconsistent with their stated principles, (b) Contrary to the public nature of their advocacy, (c) Subject to public interest override

5. FORMAT OF DISCLOSURE

5.1 I request that the information be provided in electronic format where possible, with: (a) Emails in native format preserving metadata, (b) Documents in searchable PDF format, and (c) Clear identification of any redactions with specific withholding grounds cited

6. PARTIAL RELEASE

6.1 Should you identify grounds for withholding certain information, I request: (a) Release of all non-exempt portions pursuant to s.17 of the OIA, (b) Specific identification of withheld material and applicable exemptions, (c) Consideration of summary or aggregate information where full release is declined

7. URGENCY

7.1 I respectfully request prioritisation of this request, given the significant public interest in understanding government engagement with free speech advocacy organisations.

8. ACKNOWLEDGMENT

8.1 I look forward to receiving acknowledgment of this request within 20 working days as required under s.15 of the OIA.

Ngā mihi nui,

Paul Thistoll