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  • 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 stock take report on the Crime Reduction Strategy

    Case notes
    Report by external consultant not advice tendered by Ministers or officials—s 9(2)(f)(iv) did not apply
  • Request for Treasury analysis on emissions trading scheme

    Case notes
    Information part of ongoing stream of work—release, with or without the context, would compromise the policy development process—s 9(2)(f)(iv) applies—overall public interest not served by disclosure of information that would undermine policy development—most advice would be released proactively when the framework document was released
  • Request for advice on daylight savings and 2011 Rugby World Cup

    Case notes
    Anticipatory advice—no opinions or recommendations—s 9(2)(f)(iv) does not apply—public interest in disclosure—issues of national importance demand timely transparency
  • 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
  • Request for draft answers to parliamentary questions

    Case notes
    Draft answers to parliamentary questions protected by s 9(2)(f)(iv)—parliamentary process sufficiently held the Minister to account
  • Request for advice on electoral finance

    Case notes
    Request for advice generated on Government’s proposals for electoral finance—advice formed part of ongoing process and no decisions had been made—s 9(2)(f)(iv) provides good reason to withhold
  • Request for CAB 100 forms

    Case notes
    Request for all CAB 100 forms since the 2005 general election—convention of confidentiality surrounding the Government’s political consultation processes—public interest in disclosure not sufficiently compelling to outweigh the need to withhold under s 9(2)(f)(iv)—need for confidentiality extended beyond the resolution of the particular issues—at least as long as the particular governmental arrangement endured
  • 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 advice relating to Amendment Bill

    Case notes
    Cabinet had approved legislative proposals in principle but still key steps to be taken before Bill could be introduced to the House—confidentiality required in order to protect the executive government’s ability to develop and negotiate political support for the draft legislation, in a timely and orderly fashion—s 9(2)(f)(iv) applies—opportunities for public participation in legislative process once draft legislation introduced
  • Request for Ministerial briefing on citizenship review

    Case notes
    Information not of an advisory nature—information not related to executive government decision making process—s 9(2)(f)(iv) does not apply
  • 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