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16 Resources Show all

  • LGOIMA compliance and practice at Christchurch City Council

    Official Information Practice Investigations
    This report sets out my opinion on how well Christchurch City Council (the Council) is meeting its obligations under the Local Government Official Information and Meetings Act 1987 (LGOIMA).

  • The LGOIMA for local government agencies: A guide to processing requests and conducting meetings

    Official information
    The purpose of this guide is to assist local government agencies in recognising and responding to requests for official information under the LGOIMA.

  • Making official information requests: A guide for requesters

    Official information
    If you are seeking information from a Minister, or central or local government agency, you may be able to ask for it under either the OIA or LGOIMA.

  • Commercial information: A guide to sections 9(2)(b) and 9(2)(i) of the OIA and sections 7(2)(b) and 7(2)(h) of the LGOIMA

    Official information
    This is a guide to the commercial withholding grounds in sections 9(2)(b) and 9(2)(i) of the OIA and sections 7(2)(b) and 7(2)(h) of the LGOIMA.

  • The OIA and the public tender process

    Official information
    A guide to how the OIA applies to information generated in the context of a public tender process.

  • Commercial information work sheet

    Template letters and worksheets, Worksheets and other resources
    This summary work sheet is about the most commonly used grounds for withholding commercial information—unreasonable prejudice to a third party’s commercial position, and prejudice or disadvantage to an agency’s commercial activities.

  • Work sheet for dealing with public tender information

    Template letters and worksheets, Worksheets and other resources
    This work sheet summarises guidance on dealing with public tender-related information, including responding to OIA / LGOIMA requests for such information.

  • Negotiations: A guide to section 9(2)(j) of the OIA and section 7(2)(i) of the LGOIMA

    Official information
    This is a guide to the negotiations withholding ground found in section 9(2)(j) of the OIA and section 7(2)(i) of the LGOIMA.

  • Changes to the LGOIMA, including ‘working day’ definition

    Official information
    Changes to the Local Government Official Information and Meetings Act 1987 (LGOIMA) which came into effect on 21 March 2019 will affect ‘working day’ calculations for LGOIMA. This guidance explains those changes in more detail.

  • Request for financial information concerning Council’s waste management proposals

    Case notes
    Council waste management activities not commercial—s 7(2)(h) does not apply

  • Request for transport rates, cost and revenues per route

    Case notes
    Cost per route to the Council not protected by s 7(2)(b)(ii)—any prejudice would not be unreasonable—s 7(2)(b)(ii) applies to revenue per route—this would reveal operators’ tender strategies, thereby prejudicing their ability to participate competitively in future tenders

  • Request for copy of winning tender for Lawrence Oliver Park

    Case notes
    Release would enable competitors to anticipate winning tenderer’s strategy in future bids, which would unreasonably prejudice their commercial position—s 7(2)(b)(ii) applies

  • 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 copy of competitor’s licence deed

    Case notes
    Ferry service operator requested copy of competitor’s licence deed from ferry terminal facility owner—request refused under s 7(2)(b)(ii) LGOIMA on basis release would prejudice commercial position of licensee—licensee argued that it had originally negotiated licence in atmosphere of complete commercial confidentiality with then port authority at a time when neither party was subject to LGOIMA—Ombudsman considered s 8 LGOIMA and s 75 Local Government Act 2002—neither Act contains transitional or saving provisions concerning information held by private bodies that later become subject to this legislation—request for such information should therefore be considered in same way as any other LGOIMA request—Ombudsman found no commercial prejudice likely and strong public interest in release—facility owner released 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)

  • Local Authority issued a Project Information Memorandum (PIM) unlawfully

    Case notes
    Property developer changed basis of development and obtained new Project Information Memorandum (PIM) containing conditions not prescribed in s 31(2) of the Building Act 1991—complainant considered the contents of the PIM unauthorised as the changes had not been agreed to by purchasers of the owner developing the property and action incurring legal expenses—Ombudsman found PIM not issued lawfully but agreed for Authority to amend the PIM to comply with LGOIMA—complainant offered ex gratia payment in recognition of legal costs incurred