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  • Request for tender submissions to replace jetty at Philomel Landing

    Case notes
    Release of tenderers’ pricing strategy would give an unfair advantage to their competitors and unreasonably prejudice their commercial position—s 9(2)(b)(ii) OIA applies—release would make tenderers reluctant to provide as much detail about their design specifications in future— s 9(2)(ba)(i) applies—it was in the public interest for NZDF to receive full and detailed submissions as this would otherwise undermine its ability to make an informed decision on the best tenderer to award a contract
  • Request for draft terms of reference for an inquiry

    Case notes
    Draft terms of reference largely the same as publicly available final ones—release would not inhibit the future free and frank expression of opinion or provision of advice to the Prime Minister—s 9(2)(g)(i) did not apply
  • Request for evaluation and audit reports regarding extended supervision orders

    Case notes
    Evaluation report comprised largely academic material and statistical analysis—9(2)(g)(i) did not apply—audit report had been submitted to senior management but marked as draft—disclosure of majority not likely to prejudice future exchange of free and frank opinions—significant public interest considerations in favour of disclosure—audit report released with deletion of names and detailed findings relating to individual service providers
  • Request for briefing notes relating to state visits

    Case notes
    Inspection on conditions in order to identify the documents required provided means of resolving s 18(f) refusal
  • Request for DHB Commissioner’s draft work plan

    Case notes
    Release of draft work plan would likely result in reluctance by staff to draft and consult on document—components of plan, once confirmed, were to be included in the 2016/17 annual plan—s 9(2)(g)(i) provided good reason to withhold
  • Request for draft financial performance analysis

    Case notes
    Draft financial performance analysis prepared by Alma Consulting—s 9(2)(g)(i) did not apply— strong public interest in release
  • Request for details of compensation for breach of privacy

    Case notes
    Request for details of compensation for breach of privacy—obligation of confidence—interest in withholding not outweighed by public interest considerations
  • Request for review report prepared for tertiary institution

    Case notes
    Request for review report prepared for tertiary institution—information refused in order to protect privacy, obligation of confidence, and free and frank expression of opinion—consideration of University’s enforcement of an obligation of confidentiality upon itself—reasoned and well informed comment does not constitute free and frank expression of opinion—Act does not provide for class approach to documents—individual privacy not at issue
  • Request for report of interviews

    Case notes
    Request for report of interviews—interviews conducted subject to obligation of confidence except to extent information provided might be used for prosecution purposes—report not admissible in evidence—public interest in contents met by details disclosed in public trial
  • Request for submissions made by ‘interested parties’ on Preliminary Accident Report

    Case notes
    Request for submissions made by ‘interested parties’ on Preliminary Accident Report— request refused under s 9(2)(ba)(i)—obligation of confidence established—‘Interested parties’ would be likely to be less forthcoming if they knew there was a possibility their comments would be made available to the public—s 9(2)(ba)(i) applied and not outweighed by public interest factors—requirements of natural justice already met—inquisitorial nature of Commission’s investigations
  • Request for communications between Minister of Finance and the Reserve Bank

    Case notes
    Request for communications between Minister of Finance and the Reserve Bank regarding economic growth, monetary policy and inflation outlook—information withheld under ss 6(e)(iv), 9(2)(d), 9(2)(f)(iv) and 9(2)(g)(i)—markets are extremely sensitive and react to the most subtle signals—if released, Reserve Bank would be likely to become more guarded about what was said at, and recorded after, meetings with Minister—s 9(2)(g)(i) applied and no countervailing public interest considerations which outweighed need to withhold