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  • Request for information about access to staff records

    Case notes
    Information held is incomplete but it should be released along with a contextual statement—s 18(g) does not apply—staff recollections should also be provided
  • 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 footage of battle of Baghak

    Case notes
    NZDF deemed to hold battle footage recorded by soldiers on their personal devices in their official capacity
  • Requests for firearms statistics

    Case notes
    Refusal under section 18(g) not justified—information held—Police could manually extract and compile statistics—where compilation involves substantial collation or research s 18(f) applies
  • Request for employee’s recollection of events

    Case notes
    Request for DIA employee’s recollection of events that occurred when she was employed by another agency—DIA not deemed to hold information because not held by employee in that person’s capacity as such an employee—information that cannot be recalled is not held—s 18(g) applies
  • 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
  • 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
  • Department of Corrections unreasonably declines computer access to inmate

    Case notes
    Access to computer suite in prison denied—Ombudsman found this unreasonable—Corrections agreed to reconsider the inmate’s request and to review criteria for use—also that computer facilities at prison be reviewed to ensure availability to prisoners who meet criteria for assistance with litigation
  • Department of Corrections not unreasonable to decline face to face interview between prisoner and journalist in particular case

    Case notes
    Prisoner requested face to face interview with journalist—request declined—Ombudsman noted journalist had offered to conduct interview by AVL, notwithstanding preference for face to face—Ombudsman concluded that on this basis Department had not acted unreasonably in this instance
  • 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
  • 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
  • Request for submissions made by ‘interested parties’ on Preliminary Accident Report

    Case notes
    Request for submissions made by ‘interested parties’ on Preliminary Accident Report— request refused under s 9(2)(ba)(i)—obligation of confidence established—‘Interested parties’ would be likely to be less forthcoming if they knew there was a possibility their comments would be made available to the public—s 9(2)(ba)(i) applied and not outweighed by public interest factors—requirements of natural justice already met—inquisitorial nature of Commission’s investigations