Request for RMA side agreement between Council and iwi
Section 7(2)(c)(ii) LGOIMA applied—agreement contained express obligation of confidence— release would be likely to damage the public interest in encouraging parties to settle their disputes without resorting to litigation—public interest in accountability required release of summary, including maximum financial commitment
The Chief Ombudsman formed the opinion that the Council was entitled to withhold a copy of the side agreement under section 7(2)(c)(ii) of the LGOIMA. However, summary information should have been released in the public interest. The Chief Ombudsman recommended the disclosure of information to be included in a summary. The Council complied with the Chief Ombudsman’s recommendation.
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.