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16 Resources Show all

  • 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

  • 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

  • Request for political consultation emails

    Opinions
    The Minister of State Services refused to provide two emails that revealed the comments provided by the Green Party in response to consultation on a proposed Cabinet paper.

  • 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

  • Request for emails between officials discussing the advice that should be tendered on the answering of parliamentary questions

    Case notes
    Parliamentary Privilege Act 2014 did not provide a statutory bar on the Ombudsman’s investigation of a complaint under the OIA—section 9(2)(g)(i) applied—release would prejudice the free and frank expression of similar communications in future—no public

  • 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 information about appointment of public service chief executive

    Case notes
    Section 9(2)(a) applied to names of unsuccessful candidates—no public interest override—section 9(2)(a) and 9(2)(ba)(ii) did not apply to the names of external panellists—section 9(2)(a) did not apply to officials’ names, Cabinet distribution and attend

  • Request for independent test results of product

    Case notes
    Section 9(2)(ba)(i) OIA applied—implied obligation of confidence—information could have been compelled under an enactment—release would be likely to prejudice timely supply of information of the quality and standard necessary for the Commerce Commission

  • Request for information about exploration permits awarded to Anadarko Petroleum

    Case notes
    Application and evaluation subject to obligation of confidence—release would make bidders reluctant to share full information in future, which would undermine MBIE’s ability to carry out statutory functions—release would also reduce the appeal of investing in New Zealand and MBIE’s ability to administer the Crown Minerals Act, which would otherwise damage the public interest—sections 9(2)(ba)(i) and (ii) apply—revealing information about particular prospects or reserves would disadvantage third party vis-à-vis their competitors—revealing information about projected costs would disadvantage third party in its negotiations with service companies—section 9(2)(b)(ii) applies—public interest met by available information

  • Adequacy of ex gratia payment to remedy mistake by Customs

    Case notes
    NZ Customs officer rejected passenger on flight because water damage on passport—Ombudsman found officers failed to process the passport adequately and caused considerable cost to passenger because of this failure—complainant upheld and complainant received full payment to cover financial losses

  • Request for settlement amount reached following unsuccessful prosecution

    Case notes
    Section 7(2)(c)(ii) LGOIMA applied—settlement 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 a

  • Request for Pre-Cabinet précis briefings

    Case notes
    Disclosure of short and incisive pre-Cabinet briefings and risk assessments would inhibit future expression of free and frank opinions

  • Request for draft investigation report into spending by Mayor Len Brown

    Case notes
    Section 7(2)(c)(i) LGOIMA applied—draft investigation report subject to an obligation of confidence owed to the Mayor, who was the subject of / participant in the investigation—release would prejudice the ongoing supply of information from subjects or p

  • Request for draft investigation report into GRSA outbreak at Wellington Hospital’s neonatal unit

    Case notes
    Request for investigation report regarding outbreak of GRSA at Wellington Hospital’s Neonatal Intensive Care Unit—report withheld as not ‘signed-off’—TOR specified confidential two-stage investigation process—disclosure risked compromising this process and would diminish staff confidence that investigations would follow agreed protocols—disclosure would be likely to damage the public interest—final investigation report still not complete nearly one year later—the longer a review process goes on without disclosure of final investigation report the greater the public interest in disclosure of at least an interim statement—in this case s 9(2)(ba)(ii) provided good reason to withhold the draft report.

  • Department of Internal Affairs provides reasonable service and advice to traveller on temporary passport

    Case notes
    Whether the Department of Internal Affairs (DIA) reasonably handled revalidation of a passport for New Zealand citizen travelling on temporary passport—Ombudsman concluded DIA had made every effort to inform the complainant of the steps needed to have his passport validated