The confidence and supply agreement between two of the parties forming the government following the 2011 general election included provision for the creation of a new type of school in the New Zealand educational system, known as partnership schools. The requester sought advice relating to the development of partnership (charter) schools policy from the Associate Minister of Education. The Associate Minister originally decided to disclose some information and withhold other material under section 9(2)(f)(iv) of the Official Information Act (OIA). This section provides for the maintenance of the confidentiality of advice tendered by Ministers and officials.
Upon reconsideration, the Associate Minister decided to disclose further information, but still withheld information about the funding of such schools under the same section. The Ombudsman is of the opinion that section 9(2)(f)(iv) did not provide good reason to withhold this information. Other information was withheld under section 9(2)(h) of the OIA, which provides for the maintenance of legal professional privilege. The Ombudsman is of the opinion that section 9(2)(h) did provide good reason to withhold that information.