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27 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.

  • 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 names of staff and contractors involved in producing crime and safety survey

    Case notes
    Section 9(2)(g)(ii) OIA applied to staff names—on basis of past conduct Ombudsman satisfied that requester would engage in improper pressure or harassment that would impact on the Ministry’s ability to attract and retain staff and contactors—section 9(2

  • Request for names of MSD staff in emails about the drafting of a Bill

    Case notes
    Section 9(2)(a) OIA did not apply—not necessary to withhold staff names to protect their privacy—no information to suggest privacy or safety concerns, or risk of improper pressure or harassment.

  • Request for draft guidelines on religious instruction and observance in schools

    Case notes
    Officials still in the process of drafting—premature disclosure in advance of the planned public consultation process was not in the overall public interest

  • Request for staff names in employment investigation report into Joanne Harrison

    Case notes
    Section 9(2)(a) OIA applied—significant privacy interest given the nature and content of report and impact on individuals—no public interest override.

  • Request for names and address for service of two Police officers

    Case notes
    Section 9(2)(a) and 9(2)(g)(ii) OIA applied—past conduct suggested the requester would publish information targeting or encouraging others to target the officers in a way that would breach their personal privacy, and subject them to improper pressure or

  • Request for draft internal review of International Visitor Survey

    Case notes
    Internal review still in draft form—redacted comments comprised preliminary views of individual within agency—s 9(2)(g)(i) applied—no overriding public interest in disclosure

  • Request for draft report to Ombudsman

    Case notes
    Release of draft report to Ombudsman would inhibit the free and frank expression of opinions—s 9(2)(g)(i) applies

  • 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

  • Request for communications strategy relating to legal aid reform

    Case notes
    Request for information about a communications strategy—s 9(2)(g)(i) provides good reason to withhold two sentences

  • Request for comments generated during OIA decision making process

    Case notes
    Disclosure would inhibit advisors or officials from expressing or recording free and frank advice on OIA requests in the future—good reason to withhold under s 9(2)(g)(i)

  • Request for draft press releases

    Case notes
    Release would impact on the effectiveness of the process of drafting press releases in future, because officials would be reluctant to be candid or to openly express their initial thoughts in writing—s 9(2)(g)(i) applies

  • Request for draft ministerial inquiry report

    Case notes
    Release of early and annotated draft would inhibit ministerial appointees from expressing free and frank opinions in future and sharing drafts with the Ministry of Justice—public interest met by availability of final report—s 9(2)(g)(i) applies

  • Request for confirmation of debtor’s removal from New Zealand for purposes of insurance claim

    Case notes
    Privacy interest outweighed by public interest in enabling pursuit of legal rights and remedies

  • Request for advice and ‘think piece’ on reprioritisation or savings in Vote Education

    Case notes
    Disclosure of internal discussion documents and advice to Ministers would prejudice ongoing decision making process—disclosure of internal ‘think piece’ would inhibit future expression of free and frank opinions by officials—ss 9(2)(f)(iv) and 9(2)(g)(i) provide good reason to withhold

  • Request for draft briefings to the incoming government

    Case notes
    Disclosure of draft briefings to the incoming government would make officials reluctant to be so free and frank in expressing their initial and untested views and cause them to prefer less efficient and transparent verbal exchanges—section 9(2)(g)(i) applies

  • 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 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 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

  • Request for a staff member’s salary from educational institution

    Case notes
    Request to University for information as to whether staff member was in receipt of a salary and if so the nature of her duties—information withheld to protect privacy—public interest considerations

  • Request for information about appointments to Fire Service Commission

    Case notes
    Request for information about appointments to the Fire Service Commission—two letters withheld—contents raised privacy and confidentiality issues—good reason to withhold

  • Request by son for access to mother’s child welfare file

    Case notes
    Request by adult son for access to natural mother’s child welfare file—son placed for adoption—natural mother now deceased—information withheld to protect privacy—relevance of requester’s relationship to subject of information considered in determining strength of privacy interest—information about mother made available in summary form

  • Request for deceased birth mother’s medical records

    Case notes
    Request by adult adopted woman for copy of late birth mother’s medical records—information withheld to protect privacy—requester in contact with birth mother prior to her death—birth mother left no will, did not name executor of her estate—no other surviving relatives—information relevant to requester’s own health—conditional release of information—Health Information Privacy Code

  • Request for file on alleged informant

    Case notes
    Request for file on alleged informant—Minister neither confirmed nor denied existence of information—any confirmation or denial that a person is or has been an informant for a law enforcement agency is likely to prejudice the interest protected by section 6(c)—appropriate for the Minister to neither confirm nor deny whether the file was in existence

  • Request for information about adoption

    Case notes
    Request for information about requester’s adoption—requester unaware she had been adopted until recently—birth mother now deceased—information withheld to protect privacy—relevance of family relationship and age of information considered in determining strength of privacy interest—file made available to requester in its entirety