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58 Resources Show all

  • WorkSafe’s decision not to formally investigate an incident

    Case notes
    Complaint about WorkSafe’s decision not to investigate and lay charges following an accident causing injury – failure to consider all relevant information – failure to engage meaningfully with the complainant – no evidence that documents had been fa

  • Request for unredacted submissions on the Victoria University of Wellington name simplification proposal

    Case notes
    Request for copies of submissions made to Victoria University on its name simplification proposal – the University did not consult appropriately with the submitters before it published the submissions – submissions published with identifying details

  • Early resolution of decision to decline COVID-19 Wage Subsidy application

    Case notes
    Application for COVID-19 wage subsidy declined by Ministry of Social Development, even though complainant had registered as self-employed before the relevant date—Ombudsman inquiries with Ministry resulted in approval of application—complaint resolv

  • Request for information about volunteer rural constabulary programme

    Case notes
    Section 9(2)(f)(iv) OIA applied to briefing from New Zealand Police to Minister—negotiations between coalition partners were still required, and disclosure would have prejudiced the orderly and effective conduct of the Government’s decision making proce

  • Delay in responding to request for information about the Invited Visitor Policy and sponsorship

    Case notes
    Failure by Antarctica New Zealand to make and communicate its decision on a request for official information within extended time limit—this appeared to be contrary to law—deemed to be a refusal under s 28(4)(b) OIA—investigation of deemed refusal comme

  • Consultation on health and safety processes for Managed Isolation Facility

    Case notes
    Complaint about level of consultation with residents before Stamford Plaza Hotel became a Managed Isolation Facility—Chief Ombudsman found that the Department did not consult appropriately with the residents before this occurred—the Department also did

  • Request for names of clusters that COVID-19 cases were linked to

    Case notes
    Section 18(c)(i) OIA applied—release would be contrary to s 92ZZG(2) Health Act 1956— discretion to use or disclose contact tracing information for the ‘effective management of infectious diseases’—exercise of discretion reviewed under the Ombudsmen Act

  • Treatment of disabled mother and uplift of newborn pēpi

    Case notes
    In 2014, Child, Youth and Family (CYF), then part of the Ministry of Social Development removed a five-day-old child from its disabled mother, while she remained in hospital.

  • Use of incorrect information, lack of trauma-informed practice, failure to assess children’s safety

    Case notes
    In 2019, a caregiver made a complaint to Oranga Tamariki. Their complaint concerned the use of incorrect information by Oranga Tamariki about them, its failure to properly assess the safety of their youngest children, and record-keeping errors.

  • Complaint from a rangatahi in a Care and Protection Residence

    Case notes
    The Chief Ombudsman received a complaint from a rangatahi in a Care and Protection Residence. The young person had previously been in the residence for 18 months, and this was now their second time there.

  • Cancellation of access between parent and rangatahi due to COVID lockdown

    Case notes
    The complainant was the parent of a rangatahi in the care of Oranga Tamariki. The parent ordinarily had overnight, unsupervised access with the rangatahi each week. The parent lived alone, and the rangatahi lived elsewhere in the same city.

  • Complaint about the reimbursement of costs when attending the Chief Executive’s Advisory Panel

    Case notes
    The Chief Ombudsman received a complaint about the reimbursement of reasonable costs for a complainant attending the Oranga Tamariki Chief Executive’s Advisory Panel in Wellington.

  • 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 not to return bear skin specimen, surrendered pursuant to section 27(2) of the Trade in Endangered Species Act 1989

    Case notes
    Importation of bear skin into New Zealand without a permit, resulting in its surrender under section 27(2) of the Trade in Endangered Species Act 1989 (TIES) – whether the Department of Conservation gave reasonable consideration to exercising its discre

  • Request for MSD historic claims guidebook

    Case notes
    Complaint about the decision to withhold a document containing procedures and guidance under section 9(2)(j) of the Official Information Act—section 9(2)(j) did not apply—engagements conducted on a ‘take it or leave it’ basis are not clearly ‘negotiatio

  • Full practice review of social work practice after notification of investigation

    Case notes
    A complaint was lodged with the Chief Ombudsman from a couple about a child, who was in the custody of Oranga Tamariki and living with their birth mother. The couple had made several complaints to Oranga Tamariki expressing concern for the child’s safety.

  • 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

  • Extension of time limit to enable kanohi ki te kanohi consultation

    Case notes
    Extension to enable kanohi ki te kanohi consultation on OIA request reasonable in the circumstances

  • 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

  • Call to avoid the pending removal of a newborn pēpi

    Case notes
    The Chief Ombudsman received a call from a mother who had recently given birth. She and her baby were still in hospital, but baby was about to be discharged, and removed by Oranga Tamariki from the hospital.

  • Decision not to accept marriage certificate as proof of surname change

    Case notes
    Inland Revenue (IR) refused to accept marriage certificate as proof of name change—as a result of preliminary inquiries IR reinstated its policy of accepting marriage certificates as proof of name change, and updated the complainant’s name—complaint res

  • 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—

  • Request for offender’s photo on police file

    Case notes
    Rape victim sought photograph of attacker whose face she had never seen—Police refused the request to protect the privacy of the offender—s 9(2)(a) applied—public interest in assisting victims of crime to recover from trauma and move on with their lives—balance of competing privacy and public interest considerations needed to be made—appropriate to make photograph available for viewing subject to appropriate conditions

  • Request for qualifications and work history of staff at Polytechnic Department

    Case notes
    Request for details about staff at Polytechnic—withheld under s 9(2)(a) to protect privacy—public interest in ensuring employment practices of Polytechnic are transparent and fair—met by summary release of staff details and selection process

  • Request for copy of competitor’s licence deed

    Case notes
    Ferry service operator requested copy of competitor’s licence deed from ferry terminal facility owner—request refused under s 7(2)(b)(ii) LGOIMA on basis release would prejudice commercial position of licensee—licensee argued that it had originally negotiated licence in atmosphere of complete commercial confidentiality with then port authority at a time when neither party was subject to LGOIMA—Ombudsman considered s 8 LGOIMA and s 75 Local Government Act 2002—neither Act contains transitional or saving provisions concerning information held by private bodies that later become subject to this legislation—request for such information should therefore be considered in same way as any other LGOIMA request—Ombudsman found no commercial prejudice likely and strong public interest in release—facility owner released information.

  • Request for ACC notice board bulletin

    Case notes
    Requester sought a copy of ACC notice board bulletin - bulletin contains commentary and advice on various court decisions - prepared by practising solicitor in his professional capacity - purpose is to give general legal advice to case managers who routinely request and rely upon it - refused under s 9(2)(h) - legal professional privilege applies - no waiver even though it was distributed widely amongst ACC staff - marked confidential and subject to privilege - no public interest in release that outweighed strong public interest in ensuring privilege is maintained.

  • 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

  • Delays by Te Puni Kōkiri in responding to requests from opposition researcher

    Case notes
    Blanket policy to consult Minister on all OIA requests unlawful—Ministerial ‘clearance’ or ‘approval’ of agency OIA requests not permitted

  • OIA request extension notified outside time limit

    Case notes
    Request for large amount of information relating to tobacco control—extension to time limit for responding to request required—extension notified outside time limit in s 15A—deemed a refusal—no further investigation required as decision on request pending