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  • 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.
  • Free and frank opinions: A guide to section 9(2)(g)(i) of the OIA and section 7(2)(f)(i) of the LGOIMA

    Official information
    This guide deals with the 'free and frank opinions' withholding ground in section 9(2)(g)(i) of the OIA and section 7(2)(f)(i) of the LGOIMA.
  • The OIA and draft documents: A guide to how the OIA applies to requests for draft documents

    Official information
    This guide explains some of the most common reasons why it can sometimes be necessary to withhold draft documents. These reasons relate to the free and frank opinions and confidentiality withholding grounds in the OIA and LGOIMA.
  • Request for draft report prepared by PwC on Auckland Stadium

    Case notes
    Report refused because it was in draft form and commercially sensitive—parts of report withholdable however no basis for blanket withholding—strong public interest in release of report in part
  • Request for draft reports prepared by EY on Information Services

    Case notes
    Draft reports were in fact final reports—some information publicly available—negotiations had been concluded—neither s 7(2)(c)(ii) nor s 7(2)(i) apply—significant public interest in release to promote transparency of Council’s decision making processes and accountability for expenditure of ratepayer money
  • Request for Skypath business case and procurement plan

    Case notes
    Releasing business case and procurement plan would unreasonably prejudice the commercial position of the private partner in a public private partnership—withholding strengths and weaknesses of negotiating position necessary to enable Council to carry on negotiations without prejudice or disadvantage—ss 7(2)(b)(ii), 7(2)(c)(i), 7(2)(i) apply
  • Request for handwritten comments on draft walking and cycling strategy

    Case notes
    Release would inhibit willingness of Council staff to provide free and frank opinions on drafts circulated by colleagues, or to test the content and recommendations of such documents, which would undermine the accuracy and value of the material that eventuates—s 7(2)(f)(i) applies
  • Request for draft ‘Alternatives Paper’ prepared by consultants on CBD rail link

    Case notes
    Release would inhibit exchange of drafts and views between staff and consultants, which would undermine the drafting process—s 7(2)(f)(i) applied—public interest met by the release of the final report and the peer reviews by relevant agencies
  • Request for minutes of Council workshops

    Case notes
    Request for minutes of Unitary Plan Political Working Party—minutes related to Council ‘workshops’—s 7(2)(f)(i) applied in part—minutes could be disclosed in part without inhibiting people from contributing to workshops in future
  • Request for email communications between councillors relating to industrial dispute

    Case notes
    Disclosure of informal emails between councillors in highly sensitive context would inhibit future expression of free and frank opinions—s 7(2)(f)(i) provides good reason to withhold
  • Complaint that notice of meeting did not comply with LGOIMA provisions and meeting minutes were not a true and correct record

    Case notes
    Member of public concerned that notice of meeting did not comply with relevant LGOIMA provisions and minutes of meeting were not a true and correct record—Ombudsman satisfied that meeting notified correctly—Ombudsman formed view that allowing one member of public to address subcommittee did not amount to a public forum and printing resolution on agenda was not sufficient to meet requirements of s 48(4)(a)—Council agreed to amend minutes and take steps to ensure staff aware of legal requirements
  • 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
  • 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
  • Request for Consultative Draft District Plan

    Case notes
    Consultative Draft District Plan refused under s 7(2)(f)(i)—information did not meet requirements of that section—no statutory prohibition in Resource Management Act which prevents information being made available before the date of notification—Resource Management Act 1991, s 35(2)
  • Inappropriate public exclusion by local authority

    Case notes
    Decision of local authority’s Environmental and Planning Committee to exclude the public from part of a meeting at which a draft regional policy statement was considered—inappropriate use of s 48(1)(d)
  • Request for polytechnic financial report

    Case notes
    Financial report not free and frank expression of opinion—linkage between information and expression of opinion—what constitutes improper pressure or harassment—section 9(2)(g)(i) not a ground for exclusion of public from meeting