Request for video footage of DHB meeting
Video footage of a DHB meeting was not publicly available just because minutes of the meeting were—s 18(d) did not apply
TVNZ refused a request for video footage of a Hawkes Bay District Health Board meeting. It relied on section 18(d) of the OIA because minutes of the meeting were publicly available.
The Ombudsman rejected this argument. While the minutes of the public portion of the meeting were publicly available, that is not what was requested. A minute is a document prepared after a meeting, recording—often in highly abbreviated form—decisions taken or discussions held at that meeting. The Ombudsman could not see a minute as in any way equivalent to a video recording of the meeting. The two are different pieces of information. Consequently, the Ombudsman did not consider that the information requested was publicly available.
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.