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  • Delays by Te Puni Kōkiri in responding to requests from opposition researcher

    Case notes
    Blanket policy to consult Minister on all OIA requests unlawful—Ministerial ‘clearance’ or ‘approval’ of agency OIA requests not permitted
  • OIA request extension notified outside time limit

    Case notes
    Request for large amount of information relating to tobacco control—extension to time limit for responding to request required—extension notified outside time limit in s 15A—deemed a refusal—no further investigation required as decision on request pending
  • Request by mother for copy of letter she viewed at her son’s family group conference

    Case notes
    Mother requested copy of letter she viewed at her son’s family group conference—refused under s 18(c)(i) because all FGC matters are confidential—s 38 of Children, Young Persons and their Families Act 1989—disclosing letter to person who attended FGC does not amount to ‘publishing’ as prohibited by s 38—letter released with proviso
  • Request for comments on early draft cabinet papers

    Case notes
    Request for documents regarding Kyoto Protocol—information contained initial Treasury comments on draft versions of cabinet paper—part of informal consultation early in policy making process—concern that release would result in officials being less co-operative and formalise the process—withholding necessary to maintain effective conduct of public affairs
  • Request for NZSIS files concerning two NZ scholars

    Case notes
    Writer sought NZSIS files on two individuals—Refused under s 6—bulk of information had been provided by overseas authorities under strict confidentiality agreements—various agencies consulted—some consented to release whereas others did not—complainant agreed to contact overseas agencies directly—ss 6(a) and 6(b) applied—release contrary to agreement would compromise quality and supply of similar information in future which would prejudice NZ’s security—some information released with identifiers deleted
  • Request for printed copies of Ministers’ official diaries

    Case notes
    Request for printed copies of certain Ministers’ official diaries covering a three month period—printed copies of the diaries released with certain names and contact details deleted—a Minister’s diary per se is official information but not all the i
  • Request by Korean company for information relating to Ministry of Defence decision not to shortlist the company

    Case notes
    Solicitors for Korean based company sought information on Ministry of Defence’s decision not to shortlist company in tender process—Ministry argued solicitors were agent for company which had no rights under the OIA—evidence suggested company had a place of business in New Zealand—s 12(1)(e) applied
  • Request for electronic copies of Ministers’ official diaries

    Case notes
    Request for electronic copies of certain Ministers’ official diaries covering a three month period—electronic copies of the diaries held only in a particular software package not available to the requester—no obligation, under the OIA, for Ministers to provide electronic copy of the diaries in another software package—technical and administrative difficulties in providing electronic copies of the diaries—s 16(2)(a) of the OIA provides grounds to refuse to provide electronic copies of the diaries
  • Request for Crown Law opinion

    Case notes
    Request for Crown Law opinion that Creative NZ referred to in correspondence—withheld under s 9(2)(h)—legal professional privilege attached to information—whether partial disclosure of contents of opinion sufficient to constitute waiver—s 9(2)(h) applied
  • Request for ingredients of Foray 48B

    Case notes
    Releasing ingredients of pesticide used in aerial spraying operation would disclose a trade secret—public interest in disclosure finely balanced—s 9(2)(b)(i) provided good reason to withhold
  • Request for land exchange agreement and valuations

    Case notes
    NZDF exchanging land with private land owners under the Public Works Act 1981—OIA request made to NZDF for copies of the exchange agreement and valuations of respective properties—NZDF refused under s 9(2)(i)—Ombudsman noted majority of information in standard form and already publicly available—unable to identify ‘commercial activity’—rather transaction was for defence purposes within the terms of the Public Works Act—NZDF released the information subject to the withholding of some information under s 9(2)(j) and s 9(2)(b)(ii)
  • Request for information relating to an investigation into alleged destruction of documents held by NZDF

    Case notes
    Request for information relating to an investigation into alleged destruction of documents held by New Zealand Defence Force—information withheld to prevent prejudice to the outcome of those inquiries—s 6(c) applied at the time the request was refused—information later released due to change in circumstances
  • Request for notes of a telephone conversation between officials

    Case notes
    Request for notes of a telephone conversation between officials at the Commerce Commission and Ministry of Commerce—information withheld under s 9(2)(g)(ii)—factors to be considered when considering whether release would result in improper pressure or harassment of officials and thereby prejudice the effective conduct of public affairs
  • Request for access to papers deposited in National Archives

    Case notes
    Request for access to certain papers deposited in National Archives—request declined on basis that access to the papers was restricted—condition made by former Minister at time of deposit that access subject to his consent—he declined to give consent—release would be contrary to specified enactment—Archives Act 1957, s 20(1)
  • Request for communications between Minister of SOEs and other parties in respect of policy announcement about TVNZ

    Case notes
    Request for communications between Minister of SOEs and other parties in respect of policy announcement about TVNZ—information at issue comprised oral communications with Cabinet colleagues preceding policy announcement—withholding necessary to protect constitutional convention protecting collective and individual ministerial responsibility
  • Request for reasons for decision made three years earlier

    Case notes
    Request for reasons for decision made three years earlier—request declined on grounds it was not ‘made within a reasonable time of the making of the decision’—decision to decline request upheld
  • Request for details of course attended by prisoner

    Case notes
    Request for details of course attended by prisoner—information withheld on privacy grounds—seriousness of offence did not extinguish right to privacy—studying was essential component of rehabilitation—public interest met by disclosure of tertiary institution and circumstances of attendance
  • Request for still photograph from covert surveillance camera

    Case notes
    Request for still photograph from covert video surveillance camera—person featured in videotape convicted of offence—privacy interest not outweighed by any countervailing public interest favouring disclosure
  • Requests to Board of Trustees for various information

    Case notes
    Requests to School Board of Trustees for various information—some refused on grounds it either did not exist or could not be found—failure to respond to request for some information—difficulties in progressing investigation—meeting with parties to resolve outstanding issues—Board justified in refusing some information—some information subject to Privacy Act—some information not official information ‘held’ by Board
  • Request for policy on settling disputes

    Case notes
    Request for policy on settling disputes—information withheld on basis of legal professional privilege—consideration of s 22 and relationship with s 9(2)(h)
  • Request for psychiatric records of deceased sister

    Case notes
    Request for psychiatric records of deceased sister—records included notes from medical professionals and family members—privacy established—public interest considerations outweighed need to withhold all information
  • Request for Customs document concerning settlement of disputes

    Case notes
    General direction to relevant officials—s 22 applied
  • Request for information relating to candidacy for Director-General of World Trade Organisation

    Case notes
    Request for specific information relating to Rt Hon Mike Moore’s candidacy for Director-General of the World Trade Organisation—request declined under s 6(a)—release would be likely to prejudice New Zealand’s international relations
  • Request for Defence Force National Real Estate Review

    Case notes
    Request for Defence Force National Real Estate Review—information withheld on basis of need to protect confidentiality of advice—report prepared by external consultants and submitted to Minister—information not advice tendered by officials—recommendation that report be released—report released with contextual statement
  • Request for information made via newspaper

    Case notes
    Request contained in Editor’s reply to letter published in ‘Letters to the Editor’—form of request not sufficient for purposes of s 12
  • Request for reports relating to INCIS project

    Case notes
    Request to Police for INCIS reports—reports withheld in their entirety—change in circumstances since request refused affecting outcome of review—good reason to withhold information would be established if request made at time of review—investigation discontinued on basis that whatever view might be formed as to correctness of decision to withhold, no recommendation for release would be made
  • Request for information about staff and salaries in the Prime Minister’s office

    Case notes
    Request for detailed information about the number of persons in the Prime Minister’s office and their salaries—information withheld to protect privacy of individuals—s 9(2)(a) applied to protect some of the information requested but public interest identified in release of worthwhile information about expenditure on personnel in PM’s office—total expenditure released—s 9(1)
  • Request for information regarding contact between Board members and news staff

    Case notes
    Request to Television New Zealand for information concerning contact between Board members and news/current affairs staff—reasonable effort must be made to find relevant information
  • Request for advice given by Queen’s Counsel

    Case notes
    Request for advice given by Queen’s Counsel—whether information subject to legal professional privilege—purpose for which information was brought into existence—whether other considerations warranting disclosure in the public interest
  • Request made by employer to WINZ for information about employee

    Case notes
    Request made by employer to WINZ for information about employee—request refused on privacy grounds—information required for Employment Tribunal hearing—no countervailing public interest considerations outweighing need to withhold
  • Request for information relating to Government funding for upgrade of hospital

    Case notes
    Request for information on Government funding for the upgrade and redevelopment of Wellington Hospital—request refused on variety of grounds—majority of information released on review—interpretation of s 9(2)(i) and what constitutes ‘commercial activities’—Health and Disability Services Act 1993, s 11(2)(b)
  • 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