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Ngā rauemi me ngā tānga

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12 Resources Show all

  • 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 land exchange agreement and valuations

    Case notes
    NZDF exchanging land with private land owners under the Public Works Act 1981—OIA request made to NZDF for copies of the exchange agreement and valuations of respective properties—NZDF refused under s 9(2)(i)—Ombudsman noted majority of information in standard form and already publicly available—unable to identify ‘commercial activity’—rather transaction was for defence purposes within the terms of the Public Works Act—NZDF released the information subject to the withholding of some information under s 9(2)(j) and s 9(2)(b)(ii)

  • Request for videotape of Police interview

    Case notes
    Request for videotape of Police interview—videotape withheld under s 9(2)(a)—strong public interest in the requester knowing how the Police had conducted its inquiries and responses given—release of transcript, subject to deletions, would meet public interest

  • Request by unsuccessful applicant for comparative information about himself and successful applicant

    Case notes
    Request by unsuccessful applicant for comparative information about himself and successful applicant—all information about requester released to him—detailed personal information about successful applicant withheld under s 9(2)(a)—requester seeking to establish why his application unsuccessful—matter resolved by provision of s 23 statement of reasons and a summary of successful applicant’s qualifications and work experience—s 16

  • Request by TVNZ for names of companies providing Department of Social Welfare with transcripts or videos of TVNZ programmes

    Case notes
    Risk of litigation is not an unreasonable prejudice—public interest in release of information enabling pursuit of legal rights and remedies

  • Request by unsuccessful applicant for successful applicant’s performance agreement

    Case notes
    Request by unsuccessful applicant for successful applicant’s performance agreement—portions of agreement withheld under s 9(2)(a)—information at issue found to be about job requirements not personal about the jobholder—information released.

  • Request for Crown Health Enterprise Business Plans

    Case notes
    Request for Crown Health Enterprise Business Plans—request refused on commercial grounds—some information protected by ss 9(2)(i) and 9(2)(j)—public interest in disclosure substantially met by release of balance of plans

  • Request to Minister of Immigration for copy of list of overstayers

    Case notes
    Request for copy of list of overstayers—request refused under s 9(2)(a)—list held compiled for internal 'alert' purposes and not necessarily accurate—privacy interest—no countervailing public interest considerations which outweighed need to withhold

  • Request for curricula vitae of applicants selected for interview

    Case notes
    Request for curricula vitae of applicants selected for interview—information withheld under s 9(2)(a)—summaries made available under s 16

  • Request for the contract regarding sale of Railway houses

    Case notes
    Request for copy of contract between NZRC and Stone Key Investments Ltd regarding sale of railway houses—refused as ‘commercially confidential’—contract document itself was not simply a standard form Agreement for Sale and Purchase with price and special conditions added, but was a specially drafted document which reflected the negotiating positions adopted by both parties—release would unreasonably prejudice the commercial position of Stone Key Investments—s 9(2)(b)(ii)—release was so likely to ‘prejudice or disadvantage’ the Corporation in future sales of surplus land that it was necessary to withhold the information at issue—s 9(2)(i)—sale agreement retained two key factors of the Corporation’s previous sales policy relating to its obligations as a ‘good employer’—public interest in disclosure of the manner in which those undertakings had been incorporated into the contract—public interest in disclosure of information enabling an assessment to be made of whether the Corporation had acted responsibly and obtained a ‘fair market price’—written summary released