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Ngā rauemi me ngā tānga

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78 Resources Show all

  • Request for information redacted from Ministerial briefings and Cabinet papers on telecommunications and ultra-fast broadband

    Case notes
    While some decisions had been made, others were still required, and disclosure would prejudice the orderly and effective conduct of ongoing advisory and decision making processes

  • Request for advice to Local Government Commission

    Case notes
    No ministerial or executive government decision making process would be undermined by release—draft and final versions of the advice were substantially similar and the advice was in the nature of a careful and considered critique—no good reason to withhold

  • Request for draft ‘Alternatives Paper’ prepared by consultants on CBD rail link

    Case notes
    Release would inhibit exchange of drafts and views between staff and consultants, which would undermine the drafting process—s 7(2)(f)(i) applied—public interest met by the release of the final report and the peer reviews by relevant agencies

  • Local Authority’s dog ownership forms deficient and actions relating to processing forms were unreasonable

    Case notes
    Whether Local Authority had reasonable practices regarding dog ownership forms in situation where dog ownership disputed by parties—Chief Ombudsman concluded forms were deficient

  • Request for literature review on youth desistance

    Case notes
    Draft review provided to successful tenderer as starting point for an external research project— information not in the nature of free and frank opinions—disclosure would not undermine interest in s 9(2)(g)(i)—release accompanied by contextual statement

  • Request for information about tangata whenua rights

    Case notes
    Requester seeking official statement from Minister—information not held—explanation would need to be created

  • Request for transcripts of post-Cabinet press conferences

    Case notes
    Prime Minister’s office wanted to compare draft transcript with audio recording to check for errors—‘substantial collation or research’ does not encompass a quality assurance check of that nature—10 hours work did not amount to ‘substantial collation or research’

  • Request for minutes of Council workshops

    Case notes
    Request for minutes of Unitary Plan Political Working Party—minutes related to Council ‘workshops’—s 7(2)(f)(i) applied in part—minutes could be disclosed in part without inhibiting people from contributing to workshops in future

  • Request for information about employment investigation involving officer’s behaviour at a Police event

    Case notes
    Sections 9(2)(a) and 9(2)(ba)(i) OIA applied to information about and supplied by witnesses—implied obligation of confidence—release would be likely to prejudice the future supply of information from witnesses to alleged staff misconduct—it is in the pu

  • Request for draft report on NZX compliance with general obligations

    Case notes
    Release would inhibit the free and frank expression of opinions by officials during the drafting process, and the exchange of opinions between the NZX and FMA—it is in the interests of the ‘effective conduct of public affairs’ for the review process to be robust and conducted in a manner that supported the FMA’s main objective of promoting and facilitating the development of fair, efficient and transparent markets—s 9(2)(g)(i) applied

  • Request for information about an employment investigation (demotion)

    Case notes
    Privacy and confidentiality grounds apply—need for accountability when things go wrong— nature and seriousness of the wrongdoing—seniority of the individual involved—release of summary information to satisfy public interest

  • Request for project and hazard management plans relating to Mount Victoria tunnel refurbishment

    Case notes
    Section 9(2)(b)(ii) applies to genuinely innovative methods that competitors could copy or adapt in future tenders, but not to the plans in their entirety—strong public interest in disclosure to promote accountability for adherence to the plans and effective participation in the consultation process

  • Making disability rights real 2012/2013

    Reports, Disability rights reports
    This is the second report of the Independent Monitoring Mechanism of the Convention on the Rights of Persons with Disabilities. Available in full and summary form.

  • Request for cost of building naming rights

    Case notes
    Release of total cost would not unreasonably prejudice third party’s commercial position—public interest in accountability for spending public money

  • Request for engineering reports regarding earthquake-prone buildings

    Case notes
    Section 7(2)(c)(i) applied—public interest in transparency for health and safety required the disclosure of four reports containing adverse findings

  • Submission of the Ombudsman - Building (Earthquake-prone Buildings) Amendment Bill

    Submissions
    This submission relates to the information management requirements of clause 275B of the Building (Earthquake-prone Buildings) Amendment Bill.

  • Submission of the Ombudsman - Environmental Reporting Bill

    Submissions
    It is in the interests of all New Zealanders to have comprehensive and reliable information available regularly on environmental issues that affect all of us. I do however have significant concerns with one aspect of the bill, namely clause 16, under which the Secretary for the Environment (MFE) and the Government Statistician can veto release of information to be used in an environmental report.

  • Names of senior and principal historian involved in writing treaty settlement memo

    Case notes
    Sections 9(2)(a) and 9(2)(g)(ii) OIA did not apply—information publicly available—seniority—degree of responsibility—no material supporting likelihood of pressure or harassment

  • Request for handwritten notes of discussions between MFAT Chief Executive and Minister of Foreign Affairs

    Case notes
    Request for handwritten notes of Chief Executive’s discussions with Minister—confidentiality is necessary to protect the ongoing effectiveness and conduct of the relationship—public interest in disclosure not sufficient to outweigh s 9(2)(g)(i) interest

  • Request for information about the Rugby World Cup

    Case notes
    No certainty that information would be released in the near future—s 18(d) did not apply

  • Request for interviews with potential child abuse victims

    Case notes
    Section 9(2)(ba)(i) OIA applied—high level of confidentiality attaches to interviews with potential child abuse victims—release would deter potential child abuse victims from participating in interviews—it is in the public interest for child protection

  • Request for name of Auckland Transport employee who requested trade plate cancellation

    Case notes
    Section 7(2)(f)(ii) LGOIMA applied—Auckland Transport provided examples of situations where its employees had been personally targeted and subjected to behaviour that was perceived to be threatening and intimidating by requester—reasonable likelihood th

  • Request for details of risk management processes

    Case notes
    Request for details of risk management processes—relevant documents provided apart from the ‘risk register’—register consisted of free and frank expressions of opinion—release might undermine risk management strategy—public interest met by release of Risk Management Policy

  • Request for information about earthquake-prone building survey

    Case notes
    Request for information about an earthquake-prone building survey—survey findings challenged—information withheld to avoid prejudice to the commercial interests of the owners of those buildings whose status was unresolved pending outcome of challenge

  • Request for advice to Solicitor-General by crown lawyer

    Case notes
    Request for advice to Solicitor-General by in-house Counsel of Crown Law Office—reasons for refusal of consent to prosecution—information covered by legal professional privilege—weight of public interest in Solicitor General’s reasons—distinction between factors taken into account and legal advice—protection of legal professional privilege not outweighed

  • Request for ocean manifests filed with Customs

    Case notes
    Request by solicitors on behalf of a shipping company for ocean manifests filed with the New Zealand Customs Service for vessels berthing at a container terminal on a certain day—information withheld to protect commercial interests—no countervailing public interest

  • Request for full internal report of health care

    Case notes
    Requests for full internal report by a Crown Health Enterprise following public tragedy—contents included personal health information conveyed in confidence, interviews with CHE staff and other individuals, peer review, conclusions and recommendations—confidentiality of personal health information—‘doctor/patient’ relationship—protection of free and frank opinions—some information released, some withheld—competing public interest considerations—accountability for public health care

  • Request for a letter of resignation of senior manager

    Case notes
    Request for letter of resignation of senior manager—information withheld to protect privacy—public interest considerations

  • Request for information framed in terms of section 23

    Case notes
    Request framed in terms of s 23—Crown Law sought details of requester’s personal interest in information at issue—requester objected on grounds of his right to seek information—Crown Law had not acted improperly in seeking further information from the requester—if an organisation fails to recognise that a request falls within the scope of s 23 and by error processes it pursuant to the more general provisions in Part 2 of the Act, a requester may be deprived of information to which he or she is entitled—no formal investigation—requester invited to advise Crown Law whether he had any personal interest in the decision in question

  • Request for information relating to levies charged for documents

    Case notes
    Charge levied by Ministry of Fisheries—initial estimate of likely charges given—original request then ‘refined’—final charges justified—subsequent request for particular document not a new request—Ministry may require that whole or part of any charge be paid in advance

  • Request for information about governmental lending programme

    Case notes
    Request for information about Low Deposit Rural Lending Programme—request refused—factual information released—some information withheld to protect orderly process of government and commercial interests

  • Request by non-custodial parent for child’s prize-giving result

    Case notes
    Request by non-custodial parent for child’s prize-giving result—child requested results be withheld because of use made by parent of other information—meaning of ‘endanger the safety’ of a person—discussion of ‘necessary’ test—no grounds to withhold