'i'i'i'i 133 Moleswoi'th Street PO Box 5013 Wellington 6140 2 JAN 2020 New Zealand +64 4 496 2000 By email: Ref: H201910518 Dear-- Response to your request for official information Thank you tor your request under the Official Information Act 1982 (the Act) on 9 December 2019 for: "Sections 14-16 of the Mental Health and Wellbeing Commission Bill currently before select Committee would allow the new Mental Health and Wellbeing Commission to request information from other government agencies. Section 16 creates a general duty of secrecy around Information obtained from such requests Based on a ruling on similar clauses in other legislation, this clause seems to over-ride the CIA I would like to request the lot/owing information under the OIA: all advice and communications on the drafting of these clauses of the Mental Health and Wellbeing Commission Bill. I'm particularly interested in seeing the justification for 516 (the secrecy clause), and who (if anyone) was consulted about it. As i doubt there is a formal document on this, i expect this request will have to look at emalls On 18 December 2019' you reline your request to the following: "mlnlormation and advice (including emails) relating to the development 0/ clause 16 of the Mental Health anol Wellbeing Commissmn Bill, particularly in relation to the interplay between the Commission and OIA. Including information about the Commission being subject to the The Ministry of Health (the Ministry) has identified four documents within scope of your request. These documents are outlined in Appendix A and copies are enclosed. The table in Appendix A also lists the speCilic grounds under which information has been withheld, Please note, Appendix 1 attached to this letter, includes inaccurate information as the outcomes at the discussion relerred to were not accurately captured Bullet point 4 should state the Health and Disability Commissioner (HDC) and not the Accident Compensation Corporation (ACC). Bullet point 5 should note that personal health information is most likely to be withheld under the Act Bullet point 6 should inform that the recommendations can be at an individual level and/or a system level, although the HDC does not publicly name individuals. Regarding sections 14 to 16 of the Mental Health and Wellbeing Commission Bill (the Bill) and the Act, can confirm that information held by the Commission will be subject to the Act. This is reflected in Schedule 2 of the Bill, which states the Mental Health and Wellbeing Commission (the Commission) will be added to Schedule 1 of the Act. The correspondence with the Office of the Ombudsman (Appendices 3 and 3A) attached to this response also confirms the intent that the Commission is subject to the Act. For the Commission to effectively carry out its functions, the Commission?s powers to obtain information are stronger than those under the Act. For instance, the Commission can obtain commercially sensitive information that may be withheld under the Act, such as decisions on funding or information about Crown entities, including district health boards. This form of information is important for the Commission to build a picture of service and system performance. Clause 16 is not intended to override the Act or limit the application of the Act to information held by the Commission. Given these stronger powers to obtain information, clause 16 provides restraints to ensure that the Commission does not release information from other agencies that those agencies could reasonably withhold under the Act. For instance, if the Commission obtained commercial information from a government agency that could reasonably be withheld under the Act, the Commission could not release that information unless the grounds in clause 16 were met. Regarding consultation on these provisions, the Ministry consulted on the Bill with 26 agencies. A full list of the agencies consulted is attached as Appendix to this letter. Feedback from the Office of the Ombudsman specifically addresses the clauses you have sought information on and is attached as Appendices 3 and 3A. Several stakeholder groups were also consulted on the powers to obtain information generally, not on the specific details of the clauses or the applicability of the Act to the Commission. The Ministry appreciates you drawing our attention to the Office of the Ombudsman?s submission on the Climate Change Response (Zero Carbon) Amendment Act 2019. The Ministry also notes your submission on the Bill, including your suggestion about using 66(2)(b) of the Reserve Bank Act 1989 as an example to be explicit that the Act applies to the Commission. The Ministry intends to work with the Health Committee to ensure the relevant provisions reflect the intent that the Act will apply to the Commission. Under section 28 of the Act, you have the right to ask the Ombudsman to review any decisions made under this request. Please note that this response (with your personal details removed) may be published on the Ministry?s website. Yours sincerely Robyn Shearer Deputy Director-General Mental Health and Addiction Appendix A: List of documents for release Date Title Decision on release 1 8 May 2019 Email correspondence between Released. Some information Ministry officials withheld under section of the Act, to protect privacy of natural persons 2 21 June 2019 Email correspondence between Released. Some information Ministry officials withheld under section of the Act, to protect privacy of natural persons 3 10 October Email correspondence between Released in full 2019 Ministry officials and the office of the Ombudsman Attachment: . Letter from the office of the Ombudsman (Appendix 3A) 4 Proposal (internal Ministry working Released in full document): Information?gathering powers for Mental Health and Wellbeing Commission Appendix B: List of government agencies consulted on the Bill State Services Commission Ministry for Pacific Peoples Ministry of Justice Te Puni K?kiri Department of Prime Minister and Cabinet (Policy Advisory Group) Department of Prime Minister and Cabinet (Child Wellbeing Unit) Ministry for Primary Industries Ministry of Education Ministry of Justice Ministry of Social Development New Zealand Police Oranga Tamariki Ministry of Business, Innovation, and Employment Accident Compensation Corporation Social Investment Agency Inland Revenue . Department of Corrections The Treasury Health Promotion Agency Health Quality and Safety Commission Human Rights Commission Office of the Children?s Commissioner Office of the Health and Disability Commissioner Office of the Ombudsman WorkSafe New Zealand The Office of the Privacy Commissioner