Recipient of unsolicited public release of Cabinet papers complained about deletions—OIA does not apply to unsolicited release of information—s 48 protections do not apply— Ombudsman lacked jurisdiction to consider complaint
A recipient of an unsolicited public release of Cabinet papers by the Minister of Communications complained under the OIA about a number of deletions from the papers.
However, an Ombudsman’s jurisdiction under section 28(1)(a) of the OIA to investigate and review a complaint about the refusal of information relies on the complainant having first made a request for the information in accordance with section 12 of the OIA.
Such a request had not been made. The Ombudsman lacked jurisdiction to consider the complaint.
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.