The Auckland Council received two reports as part of a pre-feasibility study on the potential for a new National Stadium and Precinct in downtown Auckland.
The Council released redacted versions of the reports, in response to Local Government Official Information and Meetings Act 1987 (LGOIMA) requests. The Council relied on sections 7(2)(c)(i) and 7(2)(b)(ii) of LGOIMA to withhold portions of the reports.
In June 2018, the Council wrote to councillors to advise that unredacted copies of the reports would be released to them subject to the imposition of certain conditions on the use, communication and publication of the information. Councillors Cathy Casey and John Watson complained to the Chief Ombudsman about the decision to impose these conditions.
The Chief Ombudsman considered the application of the withholding grounds, the countervailing public interest in the release of the information and the reasonableness of the specific conditions, which were imposed on the councillors’ use, communication and publication of the information. The Chief Ombudsman ultimately formed the opinion under LGOIMA that the Council’s decision to impose conditions was not unreasonable.
This case note is published under the authority of the Ombudsmen Rules 1989 opens page in this tab. It sets out an Ombudsman’s view on the facts of a particular case. It should not be taken as establishing any legal precedent that would bind an Ombudsman in future.