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  • Request for camera footage of three Taser incidents

    Case notes
    Section 9(2)(a) OIA applied—footage of two incidents particularly sensitive—pixelation not sufficient to address privacy interests—footage of third incident not so sensitive—pixelation would make the risk of identification negligible—strong public inter
  • Request for information about ERO review

    Case notes
    Section 9(2)(ba)(i) OIA applied to information obtained from participants in review—express obligation of confidence—release would be likely to prejudice the future supply of information by participants—it is in the public interest for ERO to receive co
  • Request for names of staff and contractors involved in producing crime and safety survey

    Case notes
    Section 9(2)(g)(ii) OIA applied to staff names—on basis of past conduct Ombudsman satisfied that requester would engage in improper pressure or harassment that would impact on the Ministry’s ability to attract and retain staff and contactors—section 9(2
  • Request for draft report prepared by PwC on Auckland Stadium

    Case notes
    Report refused because it was in draft form and commercially sensitive—parts of report withholdable however no basis for blanket withholding—strong public interest in release of report in part
  • Request for names of MSD staff in emails about the drafting of a Bill

    Case notes
    Section 9(2)(a) OIA did not apply—not necessary to withhold staff names to protect their privacy—no information to suggest privacy or safety concerns, or risk of improper pressure or harassment.
  • Request for draft guidelines on religious instruction and observance in schools

    Case notes
    Officials still in the process of drafting—premature disclosure in advance of the planned public consultation process was not in the overall public interest
  • Request for staff names in employment investigation report into Joanne Harrison

    Case notes
    Section 9(2)(a) OIA applied—significant privacy interest given the nature and content of report and impact on individuals—no public interest override.
  • Declined request for dispensation regarding school Transport Entitlement Zone

    Case notes
    A family asked the Board of Trustees (the Board) of School A for dispensation to allow their child to access bus services to attend School B.
  • Request for names of members of the Auckland University European Students Association

    Case notes
    Section 9(2)(a) OIA applied—withholding necessary to protect high privacy interest in information that would directly or indirectly identify AUESA members—potential consequences of disclosure included harassment, threats and reputational damage—no publi
  • Request for draft reports prepared by EY on Information Services

    Case notes
    Draft reports were in fact final reports—some information publicly available—negotiations had been concluded—neither s 7(2)(c)(ii) nor s 7(2)(i) apply—significant public interest in release to promote transparency of Council’s decision making processes and accountability for expenditure of ratepayer money
  • Request for statistics on allegations of assault by Corrections staff

    Case notes
    Requirements of Operations Manual meant source information to answer request should be held—manual compilation is not creation—s 18(g) does not apply—unreasonable to rely on s 18(f) when the fundamental difficulty in providing the information was down to the Department’s own administrative lapses
  • Request for names and address for service of two Police officers

    Case notes
    Section 9(2)(a) and 9(2)(g)(ii) OIA applied—past conduct suggested the requester would publish information targeting or encouraging others to target the officers in a way that would breach their personal privacy, and subject them to improper pressure or
  • Department of Corrections staff to follow legislative requirements when segregating inmate

    Case notes
    Department of Corrections held prisoner in Management Unit without following required procedure—segregation legislation and regulations are clear and prescriptive
  • Request for Skypath business case and procurement plan

    Case notes
    Releasing business case and procurement plan would unreasonably prejudice the commercial position of the private partner in a public private partnership—withholding strengths and weaknesses of negotiating position necessary to enable Council to carry on negotiations without prejudice or disadvantage—ss 7(2)(b)(ii), 7(2)(c)(i), 7(2)(i) apply
  • Request for draft internal review of International Visitor Survey

    Case notes
    Internal review still in draft form—redacted comments comprised preliminary views of individual within agency—s 9(2)(g)(i) applied—no overriding public interest in disclosure
  • 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 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
  • Request for draft answers to parliamentary questions prepared by Police staff

    Case notes
    Section 9(2)(g)(i) applied—release would prejudice the free and frank expression of similar communications in future—no public interest override
  • Request for comments on early draft cabinet papers

    Case notes
    Request for documents regarding Kyoto Protocol—information contained initial Treasury comments on draft versions of cabinet paper—part of informal consultation early in policy making process—concern that release would result in officials being less co-operative and formalise the process—withholding necessary to maintain effective conduct of public affairs
  • Department of Corrections required to state reasons for security classification

    Case notes
    Prison inmate complained that his security classification had been unreasonably assessed and Ombudsman concluded the Department failed to provide ‘strong reasons’ (which must be stated)—Ombudsman found the Prison officers had based their classification on uncorroborated, unrecorded, verbal statement made by another inmate—Ombudsman upheld complaint based on inequitable situation that would result if prison relied solely on this information, however, the inmate released before any recommendation could be made
  • Board of Trustees fails to follow principles of natural justice at disciplinary hearing for expelled student

    Case notes
    Student excluded after initially caught hiding stolen property—at the disciplinary hearing the exclusion decision not based on this incident due to lack of evidence but on history of misdemeanours—parents complained that due process had not been followed in disciplinary process—Ombudsman found that at the disciplinary hearing by school the student had no reasonable indication that the student would be answering to an allegation of continual disobedience—complaint about Board of Trustees’ process sustained and Ombudsman recommended apology, reinstatement of student, and removal of exclusion from student’s records—the Board refused to act on recommendations although the student reinstated for other reasons
  • Department of Corrections revises guidelines on implications for visitors possessing drugs

    Case notes
    Prison banned inmate’s family members from visiting for 12-months after small amount of cannabis found in their possession—the inmate complained that the duration of ban was unreasonable but the Department of Corrections noted it had zero tolerance policy for drugs with an automatic 12-month prohibition order to be placed on anyone found with them on prison property—Ombudsman concluded blanket ban unreasonable and the Department agreed each case to be considered on merits and prepared guidelines for prisons—Ombudsman advised inmate to apply for a review of prohibition order under the new guidelines
  • Request for complete rate records

    Case notes
    Request for city council’s complete rate records—request refused under s7(2)(a)—consideration of s 115(2) of Rating Powers Act and ss 7(1), 7(2), 60(3) of the Privacy Act—information released
  • Request for information about members of boards for which Minister of Maori Affairs responsible

    Case notes
    Request for information about members of boards for which Minister of Maori Affairs responsible—information withheld under s 9(2)(a)—some information already publicly available—a strong privacy interest did not attach to names and terms of appointment of board members of Maori Trust Boards and the Maori Soldiers Trust Central Committee—public interest in release
  • Request for details of severance payment and salary relating to second tier manager

    Case notes
    Request for details of payments made to former employee of Airways Corporation—information refused under s 9(2)(a) and s 9(2)(b)(ii)—release of salary information in a $20,000 band struck the right balance between the established privacy interest and the public interest in disclosure
  • Request by non-custodial parent for children’s school reports which children asked not to provide

    Case notes
    Request by non-custodial parent for children’s school reports—children asked school not to make reports available—reports addressed principally to caregiver—matters to be reported under section 77 of the Education Act—section 9(2)(a) made out—public interest met by separate report prepared on matters under section 77 of the Education Act
  • Request by natural mother for maternity notes and paediatric files of her children who were in interim High Court wardship

    Case notes
    Request by natural mother for maternity notes and paediatric files of her children—children in interim High Court wardship—information previously made available—s 9(2)(a) outweighed by public interest in access to the information for the purposes of custody hearing
  • Request for report by District Inspector into care by mental health services of person convicted of murder

    Case notes
    Request for report by District Inspector into care by mental health services of person convicted of murder—much of the information withheld to protect privacy of individuals—some information already publicly available in course of offender’s trial—public interest in District Inspector’s findings—most information released
  • Request for names of proposed appointees to four Maori Development Commissions

    Case notes
    Request for names of proposed appointees to four Maori Development Commissions—some information refused under s 18(d) as appointments soon to be announced—s 9(2)(a) applied to the remainder of the information which was a preliminary list of nominations
  • Requests for CYPF case reviews

    Case notes
    Requests for case reviews by Children, Young Persons and their Families Service—information withheld under ss 9(2)(a) and 9(2)(g)(i)—private information—social workers should not be discouraged unnecessarily from giving frank accounts of difficult cases where hindsight might identify some error of judgement—some information in case reviews can be withheld—also s 9(1) public interest considerations relating to information about standard of care and remedial action taken in respect of identified deficiencies—consideration of ss 16 and 17—public interest met by publication of comprehensive summary of relevant issues
  • Request for documentation relating to resignation of West Coast Regional Conservator

    Case notes
    Section 9(2)(a) applied to the detailed information requested—public interest considerations under s 9(1) required disclosure of general level of financial settlement and provision for contingent liabilities