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Ngā rauemi me ngā tānga

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156 Resources Show all

  • Request for internal complaint assessment memorandum

    Case notes
    Disclosure of preliminary complaint assessment memo would make complaints assessment staff reluctant in future to fully express their views in writing—s 9(2)(g)(i) provides good reason to withhold

  • Request for audit report of approved organisation under Animal Welfare Act

    Case notes
    Acrimonious history and prolonged legal dispute were relevant to decision whether or not request was vexatious—while future similar requests might be vexatious this one was not—the requester’s legitimate concern about effectiveness of Ministry’s oversight of approved organisations was the catalyst for the audit report, and she was initially promised a copy of it—requester was genuinely interested in and entitled to know the findings—request not frivolous or vexatious—Trust does not have a commercial position—s 9(2)(b)(ii) does not apply

  • Request for crisis group reports and working material regarding Government’s response to kidnapping

    Case notes
    Request for information about Government’s response to kidnapping of NZ resident in Baghdad—s 9(2)(g)(i) provides good reason to withhold crisis group reports and working material but not the final review of the hostage-taking—public interest met by disclosure of final review—final review released with redactions

  • Request for reports of unannounced inspections of rest homes and hospitals

    Case notes
    Release of adverse findings might damage providers’ reputations and therefore their commercial position, but this would not be unreasonable—s 9(2)(b)(ii) does not apply—public interest in promoting public safety and consumer protection

  • Request for draft public consultation document

    Case notes
    Only minor differences between draft and final consultation document—final consultation document was publicly available—release would not inhibit the free and frank expression of opinions necessary for the effective conduct of public affairs

  • Request for internal discussion paper on privatisation

    Case notes
    Two drafts of an internal discussion paper commissioned by Treasury’s Executive Leadership Team—Government had not sought advice on the issue—s 9(2)(g)(i) provides good reason to withhold

  • Request for policy advice behind merger of Archives and National Library

    Case notes
    Release of formal advice to Ministers about abandoned options after decisions had been made would not inhibit the free and frank expression of opinions by officials—s 9(2)(g)(i) does not apply

  • Request for tender submission pricing schedule

    Case notes
    Section 9(2)(b)(ii) applies to detailed pricing schedule but not total price—strong public interest in disclosure of total price

  • Request for Cabinet paper relating to review of Overseas Investment Act

    Case notes
    Disclosure would prejudice orderly and effective conduct of ongoing advisory and decision making processes

  • Request for information relating to Whānau Ora

    Case notes
    Disclosure while policy advice still under consideration by Ministers would prejudice ongoing decision making process—disclosure of inter-agency consultation would inhibit future expression of free and frank opinions by officials

  • Request for audit information regarding JobPlus scheme

    Case notes
    Draft audit report was identical to final audit report—no good reason to withhold the final audit report so no good reason to withhold the draft—good reason to withhold auditor’s informal and early working papers under s 9(2)(g)(i)—disclosure of the working papers would make auditors more circumspect in what they record, and when and how they record it

  • Request for Minister/Chief Executive discussions

    Case notes
    Disclosure of full record of recollection of discussion between Minister and Chief Executive would inhibit future expression of free and frank opinions—summary of recollection released

  • Request for auditor’s working papers

    Case notes
    Disclosure of auditor’s scoping discussions and working papers would make auditors more circumspect in what they record, and when and how they record it—good reason to withhold under s 9(2)(g)(i)

  • 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 charitable trust’s funding application

    Case notes
    Trust does not have a commercial position—even if it did, release of the information would not be likely unreasonably to prejudice it—the trust has no competitors, and is very different to other organisations in terms of its size, nature of operations and services¬—s 9(2)(b)(ii) does not apply

  • 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 information about review of schools’ operational funding

    Case notes
    Information not of an advisory nature—information tendered by an external advisory group, not Ministers or officials—disclosure would not prejudice ability of Ministers to consider advice eventually tendered by officials—s 9(2)(f)(iv) did not apply

  • Request for tender proposals, evaluation and scoring material relating to appointment of default KiwiSaver providers

    Case notes
    Release of detailed organisational information including information about products and fees would be likely unreasonably to prejudice the default providers’ commercial positions—section 9(2)(b)(ii) applies to tender proposals—explicit obligation of confidence—release would make it more difficult for MED to monitor compliance of default providers with their instruments of appointment and have a damaging effect on the success of the KiwiSaver scheme itself—section 9(2)(ba)(ii) applies to evaluation and scoring information

  • Request for Information relating to appointment of an honorary consul in Monaco

    Case notes
    Confidentiality can diminish over time—s 9(2)(f)(iv) does not apply

  • 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 advice on electoral finance, after the introduction of the Electoral Finance Bill

    Case notes
    Introduction of Bill constituted discrete end-point in the policy development process—disclosure would not prejudice ability of Ministers to consider advice eventually tendered by officials—s 9(2)(f)(iv) does not apply

  • Request for options and analysis in review of NZ Superannuation Portability

    Case notes
    Cabinet had agreed to package of proposals but agreement was subject to funding in Budget— Budget secrecy only applies if decision has been made to include proposals in Budget—analysis protected by s 9(2)(f)iv) but not bare options—advice two years old and no advice issued about which options were under consideration—strong public interest in release of bare options

  • 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 about funding of Resource Teachers

    Case notes
    Advice provided in context of Budget but bid unsuccessful—Minister asked for bid to be resubmitted in next Budget—9(2)(f)(iv) applied to much of the information at issue, but not all of it—Minister released some general information but continued to withhold detailed analysis—overall public interest not served by the disclosure of advice that may undermine the effective preparation of next Budget

  • Request for information concerning South Auckland primary teacher supply

    Case notes
    Decisions had been made—disclosure of abandoned options posed no risk—s 9(2)(f)(iv) does not apply

  • 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 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 costs of advertising campaign

    Case notes
    Release would undermine strategy to increase advertising revenue—s 9(2)(i) applies

  • 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