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  • Corrections unreasonable not to pay for inmate’s glasses for re-integration programme

    Case notes
    Long serving prison inmate required glasses to participate in reintegration programme and work in prison tailor shop—Department of Corrections refused to pay for glasses unless inmate would refund them through his prison earnings—inmate later found out Department had paid for another inmate’s glasses in full—Ombudsman sustained complaint that inmate was not treated fairly—refund to inmate of money paid recommended.
  • Investigation of the Department of Corrections in relation to the transport of prisoners

    Systemic investigations
    Under the Ombudsmen Act 1975, it is a function of the Ombudsmen to investigate complaints relating to matters of administration affecting persons in their personal capacity against various bodies, including the Department of Corrections (the Department). Pursuant to this Act, the Ombudsmen have power to investigate complaints by prisoners about all aspects of their detention by the Department. On 25 August 2006, prisoner Liam Ashley died as a result of injuries sustained while being transported in a van with other prisoners. Liam was aged 17, and had been the subject of violence by a 25 year old prisoner who was subsequently convicted of Liam’s murder. The Corrections Act 2004 aims to ensure that “custodial sentences and related orders … are administered in a safe, secure, humane, and effective manner”. It is a fundamental responsibility of the Department to achieve this.
  • 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
  • Investigation of the Department of Corrections in relation to the detention and treatment of prisoners

    Systemic investigations
    Under the Ombudsmen Act 1975, it is a function of the Ombudsmen to investigate complaints relating to matters of administration affecting persons in their personal capacity against various bodies, including the Department of Corrections (the Department). Pursuant to this Act, the Ombudsmen have power to investigate complaints by prisoners about all aspects of their detention by the Department. At the end of 2004 serious issues related to the treatment of prisoners came to public attention.
  • 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
  • Council agrees to provide building consent at no cost

    Case notes
    Couple’s spouting on outbuilding needed to be replaced—City Council advised that a building consent was required—complaint made that this was unreasonable—officials met onsite to examine outbuilding and property—an already approved storm water drain was identified and Council agreed to issue building consent at no cost to couple—complaint resolved
  • Councils cannot act without proper authority regarding water usage charges

    Case notes
    Council installed water meter on landowner’s property so that water charges would be based on quantity used rather than flat domestic rate—owner complained that he was not consulted and there was no evidence that he was using water indiscriminately—Ombudsman reviewed legislation empowering Council to impose charges—legislation required Council resolutions – none passed—Council acted without proper authority—levies refunded and domestic rate reinstated
  • Councils advised to keep information for resource consents until all appeals exhausted

    Case notes
    Grape grower sought transparencies used in Council hearing for resource consent—Council had destroyed transparencies in accordance with 15 year practice on basis that the information was generic—Council created new transparencies with same information—grape grower alleged the information was not the same as on the originals—Ombudsman unable to compare the two —Council agreed to change practice and retain information used in hearings until all appeals exhausted
  • 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 draft answers to parliamentary questions prepared by Police staff

    Case notes
    Section 9(2)(g)(i) applied—release would prejudice the free and frank expression of similar communications in future—no public interest override
  • 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
  • Tertiary Council appointments process controlled by Council

    Case notes
    Nomination for appointment to Tertiary Council pursuant to s 171(2)(f)(ii) Education Act 1989 required workers’ organisation to be consulted—Council refused to appoint organisation’s sole nominee and sought further nominations from organisation—appointment process stalled—alleged unreasonable failure by Council to consult—Ombudsman held consultation confers no rights on an organisation and that Council controlled appointments process
  • Department of Corrections required to state reasons for security classification

    Case notes
    Prison inmate complained that his security classification had been unreasonably assessed and Ombudsman concluded the Department failed to provide ‘strong reasons’ (which must be stated)—Ombudsman found the Prison officers had based their classification on uncorroborated, unrecorded, verbal statement made by another inmate—Ombudsman upheld complaint based on inequitable situation that would result if prison relied solely on this information, however, the inmate released before any recommendation could be made
  • Department of Corrections revises guidelines on implications for visitors possessing drugs

    Case notes
    Prison banned inmate’s family members from visiting for 12-months after small amount of cannabis found in their possession—the inmate complained that the duration of ban was unreasonable but the Department of Corrections noted it had zero tolerance policy for drugs with an automatic 12-month prohibition order to be placed on anyone found with them on prison property—Ombudsman concluded blanket ban unreasonable and the Department agreed each case to be considered on merits and prepared guidelines for prisons—Ombudsman advised inmate to apply for a review of prohibition order under the new guidelines
  • Council should pay for cost of obtaining second legal opinion on straightforward matter raised by complainant

    Case notes
    Property owner disagreed with Council that resource consent was necessary for building house—Council sought external legal advice and billed property owner who refused to pay—Council went to Disputes Tribunal which ordered property owner to pay all legal fees and court costs—property owner complained to Ombudsman who considered legislation and found it to be unambiguous that both the operative and proposed district plans must be complied with—Council agreed issue was straightforward and was aware of legislation and relevant case law—Ombudsman did not consider it necessary for further advice to be obtained on issue—view formed that it was appropriate for Council to exercise discretion under s36(5) of Resource Management Act 1991 and remit charge—in circumstances, Ombudsman also considered it unreasonable for Council not to remit Court and solicitor’s costs payable pursuant to Disputes Tribunal order—recommended all costs be remitted
  • 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)
  • Councils required to add to LIM matters on neighbouring property if relevant

    Case notes
    Purchaser requested LIM from Council on property he was considering buying—LIM received and property purchased—after purchaser gained possession he discovered neighbour had building consent to drain storm water into his drain—building consent not referred to in LIM report—purchaser sought removal of drain and records about drain, and reimbursement of legal costs—Council advised its practice was to note consents only on applicant’s file - Ombudsman held Council’s actions unreasonable—Council agreed to pay compensation
  • 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 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
  • Department of Corrections failed to meet requirements before placing inmate in restrictive regime

    Case notes
    Department of Corrections placement of inmate on restrictive regime designed for the most disruptive inmates unreasonable because criteria for placement not met—placement deemed unreasonable—inmate immediately returned to mainstream
  • Council offers ex gratia payment to complainant following its failure to provide correct information about dispute between neighbours

    Case notes
    Abatement notice issued in respect of non-complying structure—verbal agreement brokered by Council regarding acceptable modifications—modifications undertaken as agreed—other party to agreement disputed terms of agreement and withdrew—Council provided incorrect calculations regarding non-compliance—owner of non-complying structure incurred nugatory expenses—Council agreed to make ex-gratia payment to resolve matter
  • Department of Corrections applies prison visiting rules too rigidly

    Case notes
    Special family visit to inmate denied—decision contrary to Department's national standard—prison agreed to review its local instructions to ensure consistency with spirit and intent of national standard
  • Department of Corrections delays prisoner release when segregation order expired

    Case notes
    Delayed release from ‘precautionary segregation’—complaint upheld—implementation of computerised bring-up system to avoid recurrence of problem—no recommendation necessary
  • 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.
  • Department of Corrections required to review process for media contact with inmates

    Case notes
    Access to prison inmates by the news media—conflict between procedural manual and communications policy—policy to be reviewed to ensure consistency with procedures
  • Department of Corrections protocol with Ombudsman regarding death in custody

    Case notes
    Death in custody—application of Protocol between Department of Corrections and Office of the Ombudsmen—issues arising from monitoring departmental investigation—need for improved communication, videotaping, fire safety and emergency procedures
  • Council seeks order from Environment Court about noise of bird scare device

    Case notes
    Council had not enforced noise restrictions with respect to bird scaring devices because of the difficulty in obtaining adequate evidence for enforcement action—following Ombudsman’s investigation, the Council agreed to seek a ruling on the matter with the Environment Court and this action effectively resolved the complaint
  • Council to advise when a person’s status under Resource Management Act is changed

    Case notes
    Resource consent application—non-notified—s 94(2) Resource Management Act 1991—change of status from ‘adversely affected’ to ‘not adversely affected’—complainant not advised of change and believed right to object remained intact—Council agreed to amend its policies and procedures
  • 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)
  • Council property sale conducted but complainants not advised about status of their objection petition

    Case notes
    Council resolved to sell property of historic significance and occupants petitioned Council to reverse its decision—Council referred petition to committees for consideration and report but before reports completed, concluded the sale of property—the occupants complained of failure of Council to follow due process (failure to report) but failure did not mean complaint could be sustained—however procedural shortcomings acknowledged by Council and apology extended to complainant