Request for Immigration New Zealand’s policies, procedures and guidelines concerning removal practices

Internal rules
Legislation:
Official Information Act 1982
Section 22
Legislation display text:
Official Information Act 1982, s 22
Agency:
Department of Labour
Ombudsman:
Dame Beverley Wakem
Case number(s):
175825
Issue date:
Language:
English

Status of a ‘mind map’—‘mind map’ did not provide administrative guidance to INZ’s staff on decision—s 22 did not apply

A requester sought Immigration New Zealand’s (INZ) policies, procedures and guidelines concerning removal practices. The request on the face of it seemed to be one made entirely under section 22 of the OIA.

INZ released its manuals and circulars, but withheld a ‘Mind Mapped Analysis of “Turn Around” Provisions’. The question was whether the ‘mind map’ was an internal decision making rule that needed to be considered under section 22. INZ argued that while the ‘mind map’ might be used as part of the formula to draft policies, procedures or guidelines, it was not in its current state ‘the end product’.

The Ombudsman agreed that the ‘mind map’ did not provide administrative guidance to INZ’s staff on decision making, and therefore it was different in substance to the other information released. Section 22 did not apply.

This case note is published under the authority of the Ombudsmen Rules 1989. 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.

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