The National Business Review (NBR) asked the Overseas Investment Office (OIO) for copies of all relevant decision documents in relation to André and Malgorzata Calantzopoulos’s acquisition of property in Northland. NBR complained to the Ombudsman after the OIO withheld information concerning the assessment of whether the applicants were of ‘good character’. The information withheld fell into two categories, being details of the ‘good character allegations’ which were considered in the application, and legal advice on the interpretation of the ‘good character test’.
The Ombudsman formed the provisional opinion that the request should not have been refused. For the ‘good character allegations’, the Ombudsman considered that the release of the information would not unreasonably prejudice the commercial position of those involved or infringe on their privacy, nor that it would prejudice the future supply of similar information.
In relation to the legal advice, the Ombudsman considered that while the relevant withholding ground applied, the need to maintain legal professional privilege in this case was outweighed by the high public interest in accountability and transparency in decision making, as well as public participation in the wider issue of overseas investment in land.
The OIO accepted the Ombudsman’s provisional opinion, and the Attorney-General decided to waive legal privilege in the information. The information was released to NBR and the Ombudsman therefore discontinued his investigation as the complaint was resolved.
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.