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33 Resources Show all

  • Request for email between journalist and source

    Case notes
    Section 9(2)(a) OIA did not apply—one party consented to release—both parties acting in their professional capacities—information already in the public domain—s 9(2)(ba)(ii) did not apply—no blanket confidentiality for all communications with journalist

  • Decision to implement locked cell policy

    Case notes
    Complaint about the negative effects of implementing a locked cell policy in the Kaaka North and South pods at Northland Region Corrections Facility – Chief Ombudsman found that the implementation was unreasonable – the significant consequences (lack of

  • Decision to release tender information in response to Official Information Act request

    Case notes
    Complaint about a decision to release information under the Official Information Act—Ministry consulted adequately with affected party—Ministry took into account affected party’s submissions, all relevant considerations, principle of availability, legis

  • Request for record of ‘without prejudice’ meeting

    Case notes
    Section 7(2)(g) LGOIMA did not apply—‘without prejudice’ privilege is not an aspect of legal professional privilege—s 7(2)(c)(ii) applied—obligation of confidence attaches to information subject to without prejudice privilege—release would make people r

  • Failure to appropriately apply Protected Disclosures Act

    Case notes
    The complainant made protected disclosures about health and safety issues in her workplace – she left the job after the employer found her disclosures to be serious misconduct - employer reported it to professional body - body found she did not meet pro

  • Request for information about death in custody

    Case notes
    Request for all correspondence about death in custody—unreasonable to rely on sections 9(2)(a) and 9(2)(ba)(i) without compiling and reviewing the information—subsequent reliance on section 18(f) (substantial collation or research) also unjustified—

  • Local Authority unreasonably failed to consult with residents about building relocation

    Case notes
    Local Authority allowed relocation of building without providing for adequate consultation process with the local community—Ombudsman upheld complaint

  • Request for draft audit report in relation to hospice

    Case notes
    Audit still in process and at the draft reporting phases—s 9(2)(ba)(i) and 9(2)(ba)(ii) provide good reason to withhold—limited distribution of confidential drafts for comment has long been considered a sound administrative practice in the public sector—public interest met through disclosure of final audit report

  • Investigation of the Department of Corrections in relation to the provision, access and availability of prisoner health services

    Systemic investigations
    This own motion report, unlike others we have undertaken, did not arise from specific incidents within the prison system, nor from the number of complaints we receive from prisoners.  Our investigation has identified that prisoners have reasonable access to Health Services and generally they receive healthcare equivalent to members of the wider community. However, the service is not without its problems and in the future, it may not be able to meet the healthcare needs of such a diverse population effectively.

  • Request for investigation report relating to a personal grievance

    Case notes
    Sections 9(2)(a) and 9(2)(ba)(i) and (ii) OIA applied—privacy and confidentiality in employment context—express obligation of confidence to parties and other contributors—release would be likely to prejudice the future supply of information needed to de

  • Request for online discussion group messages

    Case notes
    Section 9(2)(ba)(i) OIA applied—express obligation of confidence—release posed a real and substantial risk that the Ministry would be denied ongoing access to the New Zealand Tobacco Control Action Network—ongoing access was in the public interest becau

  • Request for ‘without prejudice’ communications

    Case notes
    Section 7(2)(c)(ii) LGOIMA applied—obligation of confidence in respect of ‘without prejudice’ communications exchanged in an attempt to settle a legal dispute—release would be likely to damage the public interest in encouraging parties to settle their d

  • Request for information about an employment investigation (personal grievance)

    Case notes
    Privacy and confidentiality grounds apply but need for accountability when things go wrong— seniority of the individuals involved—extent of information in the public domain—other means of scrutiny and regulation—third party review satisfied the public interest in this case

  • Request for information about employment investigation involving misuse of letterhead by Police officer

    Case notes
    Sections 9(2)(a) and 9(2)(ba)(i) OIA applied—privacy and confidentiality in employment context—withholding necessary to protect the officer’s privacy—express or implied obligation of confidence—release would be likely to prejudice the future supply of i

  • Request for information about an employment investigation (withholding grounds)

    Case notes
    Privacy and confidentiality grounds applied—need for accountability when things go wrong— extent of information in the public domain—need to provide the ‘full picture’—nature and seriousness of the wrongdoing¬—whether other means of scrutiny or regulation—release of summary information to satisfy public interest

  • Local Authority unreasonably failed to provide information on LIM

    Case notes
    Local Authority failed to provide information in a Land Information Memorandum(LIM) about outstanding capital contribution for a sewer—Ombudsman considered Council acted unreasonably—Council made payment to complainant in resolution of complaint

  • 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 details of compensation for breach of privacy

    Case notes
    Request for details of compensation for breach of privacy—obligation of confidence—interest in withholding not outweighed by public interest considerations

  • Request for review report prepared for tertiary institution

    Case notes
    Request for review report prepared for tertiary institution—information refused in order to protect privacy, obligation of confidence, and free and frank expression of opinion—consideration of University’s enforcement of an obligation of confidentiality upon itself—reasoned and well informed comment does not constitute free and frank expression of opinion—Act does not provide for class approach to documents—individual privacy not at issue

  • Request for report of interviews

    Case notes
    Request for report of interviews—interviews conducted subject to obligation of confidence except to extent information provided might be used for prosecution purposes—report not admissible in evidence—public interest in contents met by details disclosed in public trial

  • 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

  • Local Authority fails to follow legislative procedures when setting fee for dog registration

    Case notes
    Local Authority imposes Dog Control Fees by resolution of Committee—there is a requirement for resolution of territorial authority to take particular matters to be taken into account under the Dog Control Act 1996, s 37 and Local Government Act 1974, s 114Q—Council failed to follow legislative procedures when setting registration fees

  • Department of Corrections reasonably held inmate in segregation

    Case notes
    Unreasonable placement of inmate on precautionary segregation—written material found in his cell which reflected on the safety of prison staff—placement not deemed unreasonable

  • Department of Corrections should explain reasons for declining application to be excused from PD reporting

    Case notes
    Refusal of application to be excused from reporting for periodic detention—incomplete explanation given at the time—reasons and apology provided—Criminal Justice Act 1985, s 41(3)

  • District Council not unreasonable to retain credit balance in rates account

    Case notes
    Early payment of rates—credit balance in rates account— whether local authority has obligation to make refund on request

  • Local Authorities must comply with LGOIMA intent when setting rules

    Case notes
    A Deed of Confidentiality was distributed to Councillors for signature, with the aim to protect information relating to the Council’s business and affairs—Councillor was concerned that signing the document would conflict with the intentions under the Local Government Official Information and Meetings Act 1987 (LGOIMA) and also that Councillors who don’t sign would have restrictions on information they received—Ombudsman ruled that under LGOIMA, a Council may not put rules in place which are inconsistent with the Act and Councils cannot withhold information from Councillors who have not signed that confidentiality agreement

  • Department of Corrections required to advise decision on day parole application

    Case notes
    Failure to advise inmate of decision on application for day parole—prison administration expected inmate to ask Case officer for outcome—responsibility for advising the outcome of a request/application normally rests with decision-maker—internal procedures changed to reflect normal practice

  • District Council accepts wider interpretation of ‘household’

    Case notes
    Imposition of two sewer charges—whether complainant’s mother part of the ‘household’— interpretation of Rating Powers Act 1988, s 30

  • Local Authority required to ensure potable water condition meets standards

    Case notes
    Complaint about potable water condition of subdivision consent where supply did not meet requirements under New Zealand Drinking Water Standards 1984 (revised 2005 and 2008)—Ombudsman found local authority failed to interpret data correctly before issuing resource consent on the subdivision—the water quality was substandard and the local authority provided incorrect advice about improving the quality—the local authority was required to compensate the complainants who had to obtain potable water from another source

  • City Council not required to consider legal costs regarding enforcement order

    Case notes
    Claim for reimbursement of legal costs incurred obtaining an Enforcement Order—Court awarded costs—insufficient to cover full costs—co-operation between complainant and City Council prior to proceedings—costs not covered in agreement—claim not upheld

  • Council accepts practical solution to resolve concerns about building consent

    Case notes
    Building consent for garage—garage constructed to wrong plans—Council issues notice to rectify—retrospective consent granted—withdrawal of notice to rectify

  • Community Boards fall under Ombudsmen jurisdiction if decision(s) made other than by Committee as a whole

    Case notes
    Jurisdiction—Community Board—decisions of full Board outside jurisdiction—scope of jurisdiction limited to acts or decisions of committees, subcommittees, officers, employees or members of Board—Ombudsmen Act 1975, s 13(1) and (2)