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Ngā rauemi me ngā tānga

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104 Resources Show all

  • Request for staff named in emails about genetically modified corn

    Case notes
    Section 6(d) OIA did not apply—no real and objective risk of danger to safety—s 9(2)(g)(ii) OIA did not apply—many of the names were already publicly available in connection with this issue and no harm had ensued—section 9(2)(g)(i) OIA did not apply—inf

  • Request for public submissions on draft standard

    Case notes
    Members of the public with a vested interest in developing standards would not be deterred from expressing their opinions in future

  • Request for report on DHB governance issues

    Case notes
    Disclosure of report at time of request would have inhibited expression of free and frank opinions by officials—but passage of time and change in circumstances had diminished the likelihood of such prejudice—senior public servants would not be inhibited from expressing free and frank opinions in future

  • Request for documentation about ‘Ageing in Place’ contract

    Case notes
    Release of detailed proposals and component prices would have an adverse effect on tenderers’ responses to future tenders issued by the DHB, which would damage the public interest—s 9(2)(ba)(ii) OIA applies—release would have an inhibiting effect in future on the quality of the documentation associated with the DHB’s contract negotiations and tender evaluation, which would be prejudicial to the future conduct of such tenders—s 9(2)(g)(i) applies

  • Request for lecture research notes

    Case notes
    Information held in staff member’s private capacity not held

  • Request for discussions between Ministers on business before Cabinet

    Case notes
    Discussions between Ministers on business before Cabinet imbued with a presumption of confidentiality—s 9(2)(g)(i) provides good reason to withhold undocumented discussions

  • Request for information comparing preferred and declined proposals

    Case notes
    Requested document did not exist but would need to be created—s 18(e) applies

  • Request for draft public discussion document regarding auditor regulation

    Case notes
    Close-to-final draft containing limited evidence of opinion material—risk of public misunderstanding of the status of this draft document did not justify withholding and could be addressed by disclosure of contextual information—strong public interest in transparency of the policy development process given full-scale public consultation no longer intended

  • Request for risk assessment report on Hut Creek Mine

    Case notes
    Release would prejudice or disadvantage agency’s negotiations to acquire mining permit— s 9(2)(j) applies

  • 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

  • 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 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

  • 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 report on suicide and the media

    Case notes
    Strong public interest in requester having access—participation in making of laws and policy— release on conditions

  • 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

  • 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 communications between Chief of Defence Force and Prime Minister

    Case notes
    MP requested information on the restructuring of the NZDF—two letters from the Chief of Defence Force to the Prime Minister regarding draft reports withheld under s 9(2)(g)(i)—distinction between substantive comment about draft reports and minor editorial suggestions—substantive comments were recordings of Chief of Defence Force’s free and frank discussions with Prime Minister—part of Chief of Defence Force role is to advise Prime Minister but he would not have reduced comments to writing if he had thought they would be made public—free and frank comments needed to maintain constructive working relationship with Prime Minister—s 9(2)(g)(i) applied to substantive comments but not to remaining information

  • Request for Crown’s projected figures, budgetary consequences and methodology relating to Treaty of Waitangi negotiations

    Case notes
    Journalist requested forecasts of settlement quantums prepared by OTS— request refused because release would prejudice or disadvantage Crown in carrying on negotiations—information contained details of projected figures and budgetary consequences of different settlement quantums and revealed OTS’s methodology for reaching these figures—disclosure would reveal OTS’s approach to negotiations and falsely give a top dollar figure available to claimants—Ombudsman satisfied Crown’s position in negotiations would be prejudiced by release—public interest in OTS’s transparency and accountability for negotiating with public money met by information already in public arena and made available to claimants during negotiation process—Ombudsman satisfied OTS entitled to rely on section 9(2)(j) to withhold information.

  • Request for early stage policy advice relating to paid parental leave

    Case notes
    Request for information relating to paid parental leave policy—information withheld to maintain collective ministerial responsibility, protect confidentiality of advice and free and frank exchange—in the circumstances no good reason to withhold

  • Request for minute from Chief of Air Staff to Chief of Defence Force

    Case notes
    Request for minute from Chief of Air Staff to Chief of Defence Force regarding return of aircraft to Samoa to uplift a civilian passenger—minute contained free and frank expressions of opinion—factual information and summary of opinions released—manner in which opinions expressed particularly frank—s 9(2)(g)(i) applied—public interest in release satisfied by release of summary

  • Request for details of Housing New Zealand’s top ten rental arrears by city or town

    Case notes
    Request for details of Housing New Zealand’s top ten rental arrears by city or town—Housing New Zealand considered release of information would prejudice negotiations to recover rental arrears—public interest in accountability outweighed need to withhold—information released

  • Request for information relating to the state sector wage round

    Case notes
    Request to Minister of State Services for information relating to the state sector wage round—information relating to industrial negotiating strategies withheld—concern that release would prejudice current and future negotiations and would be likely to prejudice the ability of the State Services Commission to obtain information from state sector agencies regarding industrial negotiations

  • Request for a police report relating to the Cave Creek tragedy

    Case notes
    Request for a Police report relating to the Cave Creek tragedy—existence of the report confirmed—search undertaken in Christchurch, Greymouth and Wellington—author of report consulted, as well as members of the Commission of Inquiry—report unable to be found

  • Request to Reserve Bank regarding advice it had prepared relating to New Zealand Post's banking proposal

    Case notes
    Series of questions put to Reserve Bank—whether information was held by the Reserve Bank or whether it would have to be created in order to answer questions—one question sought factual information which was held—remainder of the questions sought opinions which could be refused under s 18(g)

  • Request to Crown Law Office for legal advice given to Minister

    Case notes
    Request to Crown Law Office for legal advice given to a Minister—no information falling within the scope of the specific request—legal advice had been given by Attorney-General—information held solely on behalf of Attorney-General as first Law Officer of the Crown—not official information

  • Request for job evaluation report commissioned by employer

    Case notes
    Pay negotiations—request for report commissioned by employer—prejudice or disadvantage in carrying on the negotiations—reason to withhold not outweighed by other public interest considerations

  • 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 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 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 document from Health Funding Authority

    Case notes
    Request for specific information—information at issue did not exist