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51 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 average remuneration of 10 highest paid staff broken down by gender

    Case notes
    Section 9(2)(a) OIA applied—small numbers in top 10 meant there was a real likelihood release could reveal fairly accurate salary information about identifiable individuals—withholding necessary to protect their privacy—s 9(2)(i) did not apply—insuffici

  • 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—

  • 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).

  • Request for RMA side agreement between Council and iwi

    Case notes
    Section 7(2)(c)(ii) LGOIMA applied—agreement contained express obligation of confidence— release would be likely to damage the public interest in encouraging parties to settle their disputes without resorting to litigation—public interest in accountabil

  • Report on an unannounced inspection of Tongariro Prison under the Crimes of Torture Act 1989

    OPCAT reports
    The following report has been prepared in my capacity as a National Preventive Mechanism (NPM) under the Crimes of Torture Act 1989 (COTA).

  • Report on an unannounced inspection of Northland Regional Corrections Facility - August 2019

    Reports, OPCAT reports
    The Chief Ombudsman Peter Boshier says the Northland Regional Corrections Facility is persisting with policies that are preventing it from achieving its full potential.

  • Request for information on public service chief executive pay and remuneration

    Case notes
    Request for information on chief executive pay and remuneration—s 9(2)(a) did not provide good reason to withhold total chief executive pay—disclosure recommended by the Chief Ombudsman—s 9(2)(a) did provide good reason to withhold individual compon

  • Request for Police Commissioner’s letter to the Minister about Deputy Commissioner

    Case notes
    Request for letter written by the Police Commissioner to the Minister of Police about response to Independent Police Conduct Authority (IPCA) findings on bullying complaints about Deputy Police Commissioner—s 9(2)(a) applied—information related to t

  • Request for Chief Executive’s performance agreement and KPIs

    Case notes
    Request for Chief Executive’s performance agreement and KPIs—s 7(2)(a) LGOIMA did not provide good reason to withhold most of the performance agreements and KPIs—however, s 7(2)(c)(ii) provided good reason to withhold ‘stretch targets’—there was a m

  • Request for staff names and initials in Commerce Commission memorandum

    Case notes
    Section 9(2)(a) OIA did not apply—not necessary to withhold staff names to protect their privacy—section 9(2)(g)(ii) did not apply—no information to suggest release would lead to improper pressure or harassment—section 9(2)(g)(i) did not apply—no reason

  • Report on an unannounced follow up inspection of Otago Corrections Facility - June 2019

    OPCAT reports
    From 28 January to 1 February 2019 my Inspectors (whom I have authorised to carry out visits of places of detention under COTA) visited Otago Corrections Facility (the Prison) to follow up on recommendations made in a previous OPCAT report (May 2016).

  • Request for names and contact details in Department of Corrections’ emails

    Case notes
    Section 9(2)(a) OIA did not apply to names—many of the names were publicly available— seniority— section 9(2)(g)(ii) did not apply to names—no evidence to suggest release would lead to improper pressure or harassment—section 9(2)(a) did not apply to ema

  • Report on an announced inspection of Auckland South Corrections Facility - 20 February 2019

    OPCAT reports
    The Chief Ombudsman, Peter Boshier, has released his first inspection report into the treatment and conditions of prisoners at Auckland South Corrections Facility (also known as Kohuora).

  • Request for officials’ names in information about glyphosate

    Case notes
    Section 9(2)(a) OIA did not apply—not necessary to withhold staff names to protect their privacy—section 9(2)(g)(ii) did not apply—no information to suggest release would lead to improper pressure or harassment—possibility of public criticism not enough

  • Report on an unannounced follow-up inspection of Arohata Prison

    OPCAT reports
    In 2007, the Ombudsmen were designated one of the National Preventive Mechanisms (NPMs) under the Crimes of Torture Act (COTA), with responsibility for examining and monitoring the general conditions and treatment of detainees in New Zealand prisons.

  • Report on an unannounced follow-up inspection of Manawatu Prison

    OPCAT reports
    In 2007, the Ombudsmen were designated one of the National Preventive Mechanisms (NPMs) under the Crimes of Torture Act (COTA), with responsibility for examining and monitoring the general conditions and treatment of detainees in New Zealand prisons.

  • Report on an unannounced follow-up inspection of Rolleston Prison

    OPCAT reports
    In 2007, the Ombudsmen were designated one of the National Preventive Mechanisms (NPMs) under the Crimes of Torture Act (COTA), with responsibility for examining and monitoring the general conditions and treatment of detainees in New Zealand prisons.

  • Report on an unannounced inspection of Christchurch Men's Prison

    OPCAT reports
    Christchurch Prison is one of New Zealand’s larger prisons, and the largest in the South Island.

  • Request for fisheries catch reports

    Case notes
    Section 9(2)(ba)(i) OIA applied—information compelled under an enactment—difficulties in monitoring compliance meant there was a strong reliance on accurate self-reporting—release would be likely to prejudice the future supply of accurate information fr

  • Request for names of staff involved in sending email to parents about Pink Shirt Day

    Case notes
    Section 9(2)(a) OIA applied—correspondence with the requester and information supplied by the New Zealand Police suggested the requester would approach the staff outside of the official complaints process, and may have behaved in an abusive and threaten

  • Report on an unannounced inspection of Spring Hill Corrections Facility

    OPCAT reports
    Spring Hill Corrections Facility (the Prison) opened in 2007. The Prison accommodates male prisoners with security classifications ranging from minimum to high, as well as a growing remand population. Currently, it has an operating capacity of 1038.

  • Request for due diligence report, site visit reports and reference checks

    Case notes
    Section 9(2)(ba)(i) applies in part to the due diligence report and to the correspondence from supplier—public interest in accountability of Department for steps taken to satisfy itself regarding supplier’s performance—sections 9(2)(ba)(i) and 9(2)(g)(i) apply to information obtained from site visits, but not to the executive summary of the reports—public interest in accountability for decision to award contract—sections 9(2)(ba)(i) applies to reference checks—release would deter referees from providing full and complete information in future—public interest requires release of summary information about the reference checks

  • Report on an unannounced inspection of Hawke's Bay Regional Prison

    OPCAT reports
    Hawke’s Bay Regional Prison was opened in 1989. The Prison accommodates male prisoners with security classifications ranging from minimum to high, as well as a growing remand population.

  • Cancellation of transport card and refusal to refund money stored on the card

    Case notes
    A complaint was made against Auckland Transport (AT) about its cancellation of an ‘AT HOP’ card used by commuters on Auckland’s public transport system.

  • Request for names of guests invited to Mayor’s Christmas function

    Case notes
    Section 7(2)(a) LGOIMA applied—low privacy interest in the names of the guests—as guests were representatives of local businesses or other organisations the information was more about their public lives than their private ones—the function was a public

  • Request for information about decision to grant diversion

    Case notes
    Section 9(2)(a) OIA applied—withholding necessary to protect highly private details of alleged offender’s personal life—public interest in accountability for the Police decision to grant diversion in contentious circumstances required disclosure of summ

  • Request for approved codes of ethical conduct for animal testing

    Case notes
    Section 9(2)(ba)(i) OIA did not apply—25 of 26 code holders had voluntarily released their codes—no obligation of confidence—release of ‘benign’ information would not be likely to prejudice the future supply of similar information—information released