Request for information relating to divestment of Crown shares in Electricity Corporation

Request for information relating to divestment by Crown of shares in Electricity Corporation (ECNZ)—request refused—ECNZ removed from Schedule 1 to Official Information Act during course of investigation—investigation discontinued

A journalist sought a review of ECNZ’s refusal to make available information relating to the divestment by the Crown of its shares in the corporation in reliance upon sections 9(2)(g)(i) and 9(2)(ba)(i) of the OIA.

During the investigation and before any concluded view had been reached about the decision to withhold the requested information, an Order in Council removing ECNZ from Schedule 1 of the OIA was promulgated. As a consequence, the corporation was no longer an ‘organisation’, as defined in section 2(1) of the OIA and no longer subject to the requirements of the Act. The investigation was therefore discontinued.

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.