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Ngā rauemi me ngā tānga

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  • Ombudsman has no jurisdiction over District Council electoral officer

    Case notes
    Jurisdiction—Ombudsman has no jurisdiction over Council electoral officer—electoral expense returns not subject to Local Government Information and Meetings Act 1982
  • Request for tape recording of Council Committee deliberations

    Case notes
    Property owner sought tape recording of Council Committee deliberations (public excluded) on his application for a resource consent—withheld under s 7(2)(f)(i)—basis for public exclusion invalid but withholding grounds still available to Council—information on tape recording consisted of free and frank expression of opinions which, if released, would harm ‘the effective conduct of public affairs’ by hampering, delaying or preventing future resource consent processes—no countervailing public interest considerations favouring release that would outweigh the need to protect information
  • Local Authority cannot call ‘workshop’ a meeting for purposes of LGOIMA

    Case notes
    Council Workshop—decisions not formally made—requirements of the Act cannot be avoided by calling a meeting a workshop—Local Government Official Information and Meetings Act 1987, s 45(1)
  • Decision of University Council Committee to impose conditions on use of information

    Case notes
    Decision of University Council Committee to place an ‘embargo’ on the release of information considered by the Committee—embargo prevented any independent report on the information considered by the Committee until the next meeting of the Council of the University—meeting open to public—requester entitled to a copy of the agenda, subject only to the payment of the prescribed amount
  • Council agreed to purchase land containing toxic residue given that purchasers were unaware of site state

    Case notes
    Prior to availability of a LIM, property owners’ development of their land revealed previous use was illegal toxic waste dump—Council knew this prior to purchase but had taken no action to either assess or remedy the problem as a matter of public safety—Ombudsman concluded the Council had a responsibility to assist the complainants—Council then purchased the land with the intention of declaring it an ‘orphan site’ prior to assessment and clean up if necessary.