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Ngā rauemi me ngā tānga

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17 Resources Show all

  • Request for CAA investigation report on Minister’s airport security breach

    Case notes
    Section 9(2)(a) OIA applied to information that would identify Minister’s staff—s 9(2)(a) did not apply to non-sensitive information about actions that occurred in a public place, or to the name of the Investigator—s 6(c) did not apply to information su

  • Request for draft terms of reference for an inquiry

    Case notes
    Draft terms of reference largely the same as publicly available final ones—release would not inhibit the future free and frank expression of opinion or provision of advice to the Prime Minister—s 9(2)(g)(i) did not apply

  • Ministry of Social Development’s decision not to review student allowance application

    Case notes
    The Ministry of Social Development refused an application for a student allowance and on review, concluded that the application should not proceed—Chief Ombudsman concluded that the decision to review the application as an administrative review (rather than a statutory review pursuant to section 305 of the Education Act 1989), was unreasonable—Ministry agreed to reconsider the application under the Education Act 1989

  • Request for evaluation and audit reports regarding extended supervision orders

    Case notes
    Evaluation report comprised largely academic material and statistical analysis—9(2)(g)(i) did not apply—audit report had been submitted to senior management but marked as draft—disclosure of majority not likely to prejudice future exchange of free and frank opinions—significant public interest considerations in favour of disclosure—audit report released with deletion of names and detailed findings relating to individual service providers

  • Request for briefing notes relating to state visits

    Case notes
    Inspection on conditions in order to identify the documents required provided means of resolving s 18(f) refusal

  • Request for DHB Commissioner’s draft work plan

    Case notes
    Release of draft work plan would likely result in reluctance by staff to draft and consult on document—components of plan, once confirmed, were to be included in the 2016/17 annual plan—s 9(2)(g)(i) provided good reason to withhold

  • Request for draft financial performance analysis

    Case notes
    Draft financial performance analysis prepared by Alma Consulting—s 9(2)(g)(i) did not apply— strong public interest in release

  • Department of Corrections required to review process for media contact with inmates

    Case notes
    Access to prison inmates by the news media—conflict between procedural manual and communications policy—policy to be reviewed to ensure consistency with procedures

  • Department of Social Welfare and suspending debt recovery action while disputing the debt through the appeal process

    Case notes
    Failure to suspend debt recovery action pending appeals—reference to Social Security Appeal Authority decisions—Department’s general policy to suspend recovery action—policy applied on a case by case basis—discretion not to suspend recovery should not be fettered—application of policy should be consistent nationwide—circular outlining policy issued—manual to be revised

  • Department of Corrections protocol with Ombudsman regarding death in custody

    Case notes
    Death in custody—application of Protocol between Department of Corrections and Office of the Ombudsmen—issues arising from monitoring departmental investigation—need for improved communication, videotaping, fire safety and emergency procedures

  • Tenancy Tribunal’s officer changed Tribunal hearing date without authority

    Case notes
    Tenancy Officer changed a hearing date which amounted to an adjournment—following the Ombudsman’s inquiries, the Ministry of Housing (which managed the Tenancy Tribunal) accepted the tenancy officer failed to follow the law when agreeing to change the date of the hearing after the landlord requested the change—the Ministry sent a memorandum to all staff clarifying the role of Tenancy Services where a party asked for a date change—apology sent to the complainant

  • Department of Corrections accepts obligation to consider inmates’ circumstances when deciding work and educational paroles

    Case notes
    Refusal of work and educational paroles before inmate appeared before National Parole Board—inflexible policy inconsistent with concept of individual case management—review resulted in detailed case management plan for inmate

  • Request for a copy of paper presented to Cabinet Strategy Committee

    Case notes
    Information deleted from position paper on pricing issues presented by ECNZ to Cabinet Strategy Committee—ss 9(2)(g)(i) and 9(2)(j) applied to some of the information—interest in withholding information in certain sections of the paper outweighed by strong public interest in disclosure—s 9(1)—electricity pricing has a direct widespread impact on a large number of New Zealanders

  • Request for information disclosed during confidential Ministerial briefing to sector group

    Case notes
    Request by Opposition for information disclosed during confidential Ministerial briefing to sector group—s 9(2)(g)(i)—effective conduct of public affairs—public interest balancing—accountability—need for transparency in Minister’s dealings with financial sector

  • Request for information relating to the setting up of the Special Committee on Nuclear Propulsion

    Case notes
    Request for information relating to the setting up of the Special Committee on Nuclear Propulsion—given the sensitivity of the nuclear propulsion issue and the context in which the information had been generated, the withholding of the information was necessary under ss 9(2)(f)(iv) and 9(2)(g)(i)—at the time of the review the balance of public interest favoured withholding the information requested—the overall public interest was better served in allowing the Special Committee to complete its review in an orderly manner

  • Request for Court Registrar’s report

    Case notes
    Report on aborted trial released with deletions—‘free and frank expressions of opinion’ by Registrar—no public interest override

  • Request for documents prepared for Minister regarding Treaty of Waitangi claims

    Case notes
    Due particularity and duty to provide reasonable assistance—s 12(2) and 13