Open main menu Close main menu
Search by keyword

Resources and publications

Ngā rauemi me ngā tānga

Search guides, case notes, opinions, reports and other information. Resources and publications can also be searched by date and other options. 

Use the search bar to make your search. Then use the filters to narrow down the results by resource type or topic. 

More information about the resource categories on this page
Search by keyword

23 Resources Show all

  • Privacy: A guide to section 9(2)(a) of the OIA and section 7(2)(a) of the LGOIMA

    Official information
    This is a guide to the privacy withholding ground found in section 9(2)(a) of the OIA and section 7(2)(a) of the LGOIMA.

  • Extension of time limit to enable kanohi ki te kanohi consultation

    Case notes
    Extension to enable kanohi ki te kanohi consultation on OIA request reasonable in the circumstances

  • Request for information about death in custody

    Case notes
    Request for all correspondence about death in custody—unreasonable to rely on sections 9(2)(a) and 9(2)(ba)(i) without compiling and reviewing the information—subsequent reliance on section 18(f) (substantial collation or research) also unjustified—

  • Request for address information to assist enforcement of judgement orders

    Case notes
    Landlords obtained judgment orders from Courts or Tenancy Tribunal against former tenants but were unable to have them executed as current address for judgment debtors unknown— requested current address information from Department of Work and Income (now part of MSD)—information withheld to protect clients’ privacy, and future supply of information— public interest in maintaining the proper administration of justice and promoting respect for the law outweighed privacy interest—MSD agreed to provide address information direct to Department for Courts

  • Request for information about serious and sentinel event reports

    Case notes
    Request to District Health Board for information relating to ‘serious and sentinel events’—22 SSE reports withheld in full—s 9(2)(a) applies to information identifying patients’ families and medical staff—s 9(2)(ba)(i) applies to information identifying medical staff as release would impact negatively on willingness of staff to report incidents and to cooperate with subsequent investigations—s 9(1) public interest in release to promote the accountability of the DHB for management of individual cases and to assure the public that any identified deficiencies are being remedied—reports released with deletions—two ‘protected quality assurance activity’ reports withheld—s 59 of Health Practitioners Competence Assurance Act prohibits disclosure of information gained in course of a protected quality assurance activity but s 60 allows release of information that does not identify a particular individual—reports released with deletions

  • Request for draft report on Department of Labour internal controls prepared by KPMG

    Case notes
    Document labelled ‘draft’ really a final—author was a consultant who would not be deterred from expressing free and frank opinions in future—s 9(2)(g)(i) does not apply

  • Charge for supply of information about Maori interests in the management of petroleum

    Case notes
    Charge avoided by allowing inspection subject to conditions

  • Request for transcripts of Police communications in relation to emergency calls

    Case notes
    No blanket protection for operational discussions between Police officers—need for withholding had to be assessed with regard to the content of the actual communications at issue—opinions expressed were ‘free and frank’ but were not ‘necessary’ for effective conduct of public affairs—details about the communications already publicly available—s 9(2)(g)(i) did not apply and even if it did it was outweighed by strong public interest in release

  • Request for draft responses to OIA requests

    Case notes
    Releasing draft OIA responses would be likely to inhibit the future free and frank expression of opinions—s 9(2)(g)(i) applies

  • Request for list of names of electors whose eligibility to vote had been challenged

    Case notes
    Request for list of names of electors whose eligibility to vote had been challenged—information withheld under s 9(2)(a)—privacy interest not outweighed by public interest

  • Request for information about the outcome of a complaint about a rest home

    Case notes
    Request for information about the outcome of a complaint about a rest home—request refused under s 9(2)(a)—public interest in complainants receiving adequate information about investigations and findings—release of summary of information

  • Extension of time limit to consult Minister

    Case notes
    Extension of time—not necessary for the department to consult with the Minister in order to make a decision on the request

  • Request for a copy of paper presented to Cabinet Strategy Committee

    Case notes
    Information deleted from position paper on pricing issues presented by ECNZ to Cabinet Strategy Committee—ss 9(2)(g)(i) and 9(2)(j) applied to some of the information—interest in withholding information in certain sections of the paper outweighed by strong public interest in disclosure—s 9(1)—electricity pricing has a direct widespread impact on a large number of New Zealanders

  • Request for information disclosed during confidential Ministerial briefing to sector group

    Case notes
    Request by Opposition for information disclosed during confidential Ministerial briefing to sector group—s 9(2)(g)(i)—effective conduct of public affairs—public interest balancing—accountability—need for transparency in Minister’s dealings with financial sector

  • Request for information relating to the setting up of the Special Committee on Nuclear Propulsion

    Case notes
    Request for information relating to the setting up of the Special Committee on Nuclear Propulsion—given the sensitivity of the nuclear propulsion issue and the context in which the information had been generated, the withholding of the information was necessary under ss 9(2)(f)(iv) and 9(2)(g)(i)—at the time of the review the balance of public interest favoured withholding the information requested—the overall public interest was better served in allowing the Special Committee to complete its review in an orderly manner

  • Request for Court Registrar’s report

    Case notes
    Report on aborted trial released with deletions—‘free and frank expressions of opinion’ by Registrar—no public interest override

  • Request by parents for medical records of 13 year old daughter

    Case notes
    Request for medical records—information about parents and child refused under s 9(2)(a)—during review girl consulted—information released other than therapy transcripts

  • Request for advice relating to remuneration packages of executives involved in sale of SOEs

    Case notes
    Request for advice on remuneration packages of executives involved in the sale of SOEs— privacy issues—s 9(2)(a)—remuneration package released subject to deletion of dollar figures.

  • Request for recruitment video

    Case notes
    Request for copy of video commissioned for overseas recruitment—privacy of individual officers appearing in it—s 9(2)(a)—privacy interest not strong—public interest outweighs any privacy interest—s 9(1)—how Treasury sees its role and how it presents that image to potential recruits both in New Zealand and overseas is a matter of strong public interest

  • Request for identity of medical advisers who had provided expert opinion to Department of Health

    Case notes
    Request for identity of medical advisers—need to ensure continued provision of medical advice on value of medicines—consultation with advisers—with one exception, no prejudice to the supply of similar information or information from the same source

  • Request for audio and video tapes relating to allegations of child abuse

    Case notes
    Audio and video tapes relating to allegations of child abuse—relevance of Family Court proceedings—mixed Part 2 and Part 4 information

  • Request by convicted rapist for details of compensation claim by rape victim

    Case notes
    Request by convicted rapist for details of compensation claim by rape victim—conviction under appeal—privacy of victim—s 9(2)(a)—public interest in right to justice—s 9(1)—summary provided—s 16(1)(e)

  • Request for information relating to expenditure of school money

    Case notes
    Request for minutes of, and reports to, a Board of Trustees’ meetings relating to expenditure of school monies—privacy interests of the Principal and Executive Officer¬—accountability for spending public money