Following the September 2017 election, requesters sought access to the Briefings to the Incoming Minister (BIMs) from the Privacy Commissioner and the Ministry of Transport. Both requests were refused on the basis that the information would soon be publicly available (section 18(d) of the OIA).
The Chief Ombudsman formed the opinion that section 18(d) of the OIA applied. At the time of the refusals, the release of the information was reasonably certain and imminent. In addition, the period of time between the decisions to refuse the requests and the release of the BIMs (nine working days for the Privacy Commissioner, 14 working days for the Ministry) met the definition of ‘soon’.
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.