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  • Request for bioequivalence studies and dissolution data

    Case notes
    Not a trade secret but the data is subject to an obligation of confidence—risk of disclosure to competitors would make drug suppliers less likely to enter the New Zealand market—s 9(2)(ba)(ii) applies
  • Transfer of request for information on Bill from Ministry of Justice to Associate Minister

    Case notes
    Researcher complained that transfer had the effect of narrowing the scope of his request— complaint reviewed under OA—information ‘more closely connected’ to functions of Associate Minister—decision to transfer request was reasonable
  • Request for performance reviews of ACC third-tier managers

    Case notes
    Request for performance review information of two ACC employees holding third-tier management positions—s 9(2)(a) applied—requester believed ACC granted bonuses to employees who exited claimants from ACC scheme—public interest in release of generic information about ACC performance management process
  • Request for public submissions made on a discussion document

    Case notes
    Request for copies of submissions made to Department of Conservation on a discussion document—submissions released with identities of authors deleted under s 9(2)(a)— no reference to possible release in discussion document—authors were a mix of individuals, government officials and organisations—identities of those making submissions on behalf of organisations and government officials released as not made on personal basis—individuals consulted—identities of those who consented to disclosure were released—s 9(2)(a) applied to remaining information—no public interest favouring release
  • Transfer of request from Tertiary Education Commission to Associate Minister of Education (Tertiary Education)

    Case notes
    Minister had instructed Commission to transfer all requests regarding a training centre for his consideration—OIA does not provide for blanket policy to transfer all requests on a subject— Commission must consider requests on case by case basis—information in this case not more closely related to functions of Associate Minister—decision to transfer request contrary to law
  • Requests for tape and transcript of pilot communications to air traffic control

    Case notes
    Media requests for tape and transcript of pilot communications to Christchurch Air Traffic Control prior to crash—class exemption sought—also withheld to protect obligation of confidence—s 9(2)(ba)—release would not breach Chicago convention or any contracts with air traffic controllers—recommendation that information be released
  • Request for information contained in tender documents for upgrade of New Zealand’s Orion aircraft

    Case notes
    Requester sought information contained in the tender documents for the upgrade of New Zealand’s Orion aircraft—information contained details of the proposed functional upgrade of the aircraft—release would allow an informed reader to be aware of their resultant capabilities
  • Request by charitable trust for its compliance file held by Department of Internal Affairs

    Case notes
    Request by charitable trust for its compliance file held by Department of Internal Affairs—information about trust provided to Department by informant in confidence and an investigation underway—Part 4 of OIA applies as request by body corporate for personal information about itself—release of the information would prejudice the Department’s current investigation and its ability to effectively carry out its role in maintaining the law in the future—s 27(1)(a) and s 6(c) applied
  • Request to Board of Trustees for 15 year old daughter’s statements alleging sexual harassment by teacher aide

    Case notes
    Mother’s request to Board of Trustees for 15 year old daughter’s statements alleging sexual harassment by teacher aide—daughter provided statement to school in confidence—refused consent to release—public interest in ensuring students willing to supply similar information to school in future—good reason to withhold under s 9(2)(ba)(i)
  • Decision to transfer OIA request based on identity of requester

    Case notes
    Request for official information specifically held by Ministry of Education—Ministry transferred request to Minister of Education on the basis that the information was more closely connected to the functions of that Minister—request specifically for information held by Secretary and Ministry officials—Ministry advised Chief Ombudsman that decision to transfer based on a directive that all media requests should be transferred to Minister for reply—not sufficient grounds for transfer under s 14(b)(ii)—complaint sustained—Ministry reviewed its processes for transferring requests
  • Transfer of media request from Ministry of Education to Minister

    Case notes
    Requested information not more closely connected with the Minister’s functions—blanket policy to transfer all media requests to Minister unlawful
  • Charge for provision of information regarding trade negotiations

    Case notes
    Request for information on current GATS round—charge levied—GATS a matter of substantial public interest—information sought for research which would ultimately be made publicly available—release would promote informed public debate—charge found to be unreasonable—recommendation to waive charge accepted
  • Request for Crown Law advice given to Abortion Supervisory Committee

    Case notes
    Request for Crown Law advice given to Abortion Supervisory Committee—advice given orally and not reduced to writing—no recollection of substance of advice by either party—ASC agreed to reduce to writing its staff member’s recollection of the matters discussed during review and provide this to the requester—Chief Ombudsman satisfied all relevant information had been provided to requester
  • Request for offender’s photo on police file

    Case notes
    Rape victim sought photograph of attacker whose face she had never seen—Police refused the request to protect the privacy of the offender—s 9(2)(a) applied—public interest in assisting victims of crime to recover from trauma and move on with their lives—balance of competing privacy and public interest considerations needed to be made—appropriate to make photograph available for viewing subject to appropriate conditions
  • Request for qualifications and work history of staff at Polytechnic Department

    Case notes
    Request for details about staff at Polytechnic—withheld under s 9(2)(a) to protect privacy—public interest in ensuring employment practices of Polytechnic are transparent and fair—met by summary release of staff details and selection process
  • Request for ACC notice board bulletin

    Case notes
    Requester sought a copy of ACC notice board bulletin - bulletin contains commentary and advice on various court decisions - prepared by practising solicitor in his professional capacity - purpose is to give general legal advice to case managers who routinely request and rely upon it - refused under s 9(2)(h) - legal professional privilege applies - no waiver even though it was distributed widely amongst ACC staff - marked confidential and subject to privilege - no public interest in release that outweighed strong public interest in ensuring privilege is maintained.
  • Request for names and email addresses of people consulted on draft speech

    Case notes
    Recipients and senders of emails consulted—disclosure would not inhibit senior public servants from expressing free and frank opinions in future—however others would be inhibited
  • 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