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14 Resources Show all

  • Request for information about access to staff records

    Case notes
    Information held is incomplete but it should be released along with a contextual statement—s 18(g) does not apply—staff recollections should also be provided

  • Request for footage of battle of Baghak

    Case notes
    NZDF deemed to hold battle footage recorded by soldiers on their personal devices in their official capacity

  • Requests for firearms statistics

    Case notes
    Refusal under section 18(g) not justified—information held—Police could manually extract and compile statistics—where compilation involves substantial collation or research s 18(f) applies

  • Request for employee’s recollection of events

    Case notes
    Request for DIA employee’s recollection of events that occurred when she was employed by another agency—DIA not deemed to hold information because not held by employee in that person’s capacity as such an employee—information that cannot be recalled is not held—s 18(g) applies

  • Request for due diligence report, site visit reports and reference checks

    Case notes
    Section 9(2)(ba)(i) applies in part to the due diligence report and to the correspondence from supplier—public interest in accountability of Department for steps taken to satisfy itself regarding supplier’s performance—sections 9(2)(ba)(i) and 9(2)(g)(i) apply to information obtained from site visits, but not to the executive summary of the reports—public interest in accountability for decision to award contract—sections 9(2)(ba)(i) applies to reference checks—release would deter referees from providing full and complete information in future—public interest requires release of summary information about the reference checks

  • Request for draft audit report in relation to hospice

    Case notes
    Audit still in process and at the draft reporting phases—s 9(2)(ba)(i) and 9(2)(ba)(ii) provide good reason to withhold—limited distribution of confidential drafts for comment has long been considered a sound administrative practice in the public sector—public interest met through disclosure of final audit report

  • Request for information about an employment investigation (personal grievance)

    Case notes
    Privacy and confidentiality grounds apply but need for accountability when things go wrong— seniority of the individuals involved—extent of information in the public domain—other means of scrutiny and regulation—third party review satisfied the public interest in this case

  • Request for information about an employment investigation (withholding grounds)

    Case notes
    Privacy and confidentiality grounds applied—need for accountability when things go wrong— extent of information in the public domain—need to provide the ‘full picture’—nature and seriousness of the wrongdoing¬—whether other means of scrutiny or regulation—release of summary information to satisfy public interest

  • Ombudsman has no jurisdiction over District Council electoral officer

    Case notes
    Jurisdiction—Ombudsman has no jurisdiction over Council electoral officer—electoral expense returns not subject to Local Government Information and Meetings Act 1982

  • Request for DHB draft annual plan

    Case notes
    District Health Board—draft annual plan—need for Board and Minister of Health to reach agreement on plan prior to release—New Zealand Public Health and Disability Act 2000

  • Request for a police report relating to the Cave Creek tragedy

    Case notes
    Request for a Police report relating to the Cave Creek tragedy—existence of the report confirmed—search undertaken in Christchurch, Greymouth and Wellington—author of report consulted, as well as members of the Commission of Inquiry—report unable to be found

  • Request for hydrological data

    Case notes
    Request for hydrological data—supplier of information to local authority opposed to release to the requester—prejudice to future supply

  • Request to Reserve Bank regarding advice it had prepared relating to New Zealand Post's banking proposal

    Case notes
    Series of questions put to Reserve Bank—whether information was held by the Reserve Bank or whether it would have to be created in order to answer questions—one question sought factual information which was held—remainder of the questions sought opinions which could be refused under s 18(g)

  • Council agreed to purchase land containing toxic residue given that purchasers were unaware of site state

    Case notes
    Prior to availability of a LIM, property owners’ development of their land revealed previous use was illegal toxic waste dump—Council knew this prior to purchase but had taken no action to either assess or remedy the problem as a matter of public safety—Ombudsman concluded the Council had a responsibility to assist the complainants—Council then purchased the land with the intention of declaring it an ‘orphan site’ prior to assessment and clean up if necessary.