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34 Resources Show all

  • Report on an unannounced follow-up inspection of Arohata Prison

    OPCAT reports
    In 2007, the Ombudsmen were designated one of the National Preventive Mechanisms (NPMs) under the Crimes of Torture Act (COTA), with responsibility for examining and monitoring the general conditions and treatment of detainees in New Zealand prisons.

  • Report on an unannounced follow-up inspection of Manawatu Prison

    OPCAT reports
    In 2007, the Ombudsmen were designated one of the National Preventive Mechanisms (NPMs) under the Crimes of Torture Act (COTA), with responsibility for examining and monitoring the general conditions and treatment of detainees in New Zealand prisons.

  • Report on an unannounced follow-up inspection of Rolleston Prison

    OPCAT reports
    In 2007, the Ombudsmen were designated one of the National Preventive Mechanisms (NPMs) under the Crimes of Torture Act (COTA), with responsibility for examining and monitoring the general conditions and treatment of detainees in New Zealand prisons.

  • Report on an unannounced inspection of Christchurch Men's Prison

    OPCAT reports
    Christchurch Prison is one of New Zealand’s larger prisons, and the largest in the South Island.

  • Request for cost of recruiting Vice-Chancellor

    Case notes
    Release of total cost would not unreasonably prejudice third party’s commercial position—no specific negotiations—release of total costs would not deter businesses from treating with government—public interest in accountability for spending public money

  • Report on an unannounced inspection of Spring Hill Corrections Facility

    OPCAT reports
    Spring Hill Corrections Facility (the Prison) opened in 2007. The Prison accommodates male prisoners with security classifications ranging from minimum to high, as well as a growing remand population. Currently, it has an operating capacity of 1038.

  • Report on an unannounced inspection of Hawke's Bay Regional Prison

    OPCAT reports
    Hawke’s Bay Regional Prison was opened in 1989. The Prison accommodates male prisoners with security classifications ranging from minimum to high, as well as a growing remand population.

  • Request for information associated with PHARMAC’s 2016/17 budget bid

    Case notes
    PHARMAC did not have a commercial position and was not engaged in commercial activities—s 9(2)(j) applies to information about PHARMAC’s willingness to pay for pharmaceuticals but not to PHARMAC’s indicative budget in out-years

  • 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 information about a Department’s employment operations

    Case notes
    Pre-cast concrete operation is a commercial activity—s 9(2)(i) applies

  • Request for salvage plan relating to MV Rena

    Case notes
    Revealing salvage company’s detailed methodology would give other companies a competitive advantage in future tenders, which would be likely unreasonably to prejudice its commercial position—s 9(2)(b)(ii) applies

  • Request for financial information concerning Council’s waste management proposals

    Case notes
    Council waste management activities not commercial—s 7(2)(h) does not apply

  • Investigation of the Department of Corrections in relation to the provision, access and availability of prisoner health services

    Systemic investigations
    This own motion report, unlike others we have undertaken, did not arise from specific incidents within the prison system, nor from the number of complaints we receive from prisoners.  Our investigation has identified that prisoners have reasonable access to Health Services and generally they receive healthcare equivalent to members of the wider community. However, the service is not without its problems and in the future, it may not be able to meet the healthcare needs of such a diverse population effectively.

  • Request for transport rates, cost and revenues per route

    Case notes
    Cost per route to the Council not protected by s 7(2)(b)(ii)—any prejudice would not be unreasonable—s 7(2)(b)(ii) applies to revenue per route—this would reveal operators’ tender strategies, thereby prejudicing their ability to participate competitively in future tenders

  • Request for tender scores for successful tenderer

    Case notes
    Release of tender scores would not be likely unreasonably to prejudice successful tenderer’s commercial position—s 9(2)(b)(ii) does not apply

  • Request for copy of winning tender for Lawrence Oliver Park

    Case notes
    Release would enable competitors to anticipate winning tenderer’s strategy in future bids, which would unreasonably prejudice their commercial position—s 7(2)(b)(ii) applies

  • Submission of the Ombudsmen - Corrections Amendment Bill

    Submissions
    We had a limited opportunity to comment on the draft Corrections Amendment Bill (the Bill) and some amendments were made as a consequence of our submissions.  However, there remain other matters which concern us.

  • Request for Hazardous Activities and Industries List

    Opinions
    On 4 September 2008 Mr Sharpe sought from the Council “details of the 3099 ‘Unverified HAIL’ sites in the region, i.e. their location and the activity/industry that are known to have the potential to cause land contamination”.

  • Request for charitable trust’s funding application

    Case notes
    Trust does not have a commercial position—even if it did, release of the information would not be likely unreasonably to prejudice it—the trust has no competitors, and is very different to other organisations in terms of its size, nature of operations and services¬—s 9(2)(b)(ii) does not apply

  • Request for names of tenderers and prices

    Case notes
    Release of names and total prices, as opposed to detailed pricing or market strategy, would not be likely unreasonably to prejudice the tenderers’ commercial positions—public interest in release to promote integrity and transparency of the tender process—s 7(2)(b)(ii) does not apply

  • Request for name of food outlet in outbreak of food poisoning

    Case notes
    Request for name of food outlet implicated in outbreak of food poisoning in circumstances where the class of outlet had received publicity—health authority satisfied with remedial measures taken—information withheld on grounds of commercial prejudice—identification and assessment of countervailing public interest considerations favouring disclosure

  • Department of Corrections failed to meet requirements before placing inmate in restrictive regime

    Case notes
    Department of Corrections placement of inmate on restrictive regime designed for the most disruptive inmates unreasonable because criteria for placement not met—placement deemed unreasonable—inmate immediately returned to mainstream

  • Department of Corrections applies prison visiting rules too rigidly

    Case notes
    Special family visit to inmate denied—decision contrary to Department's national standard—prison agreed to review its local instructions to ensure consistency with spirit and intent of national standard

  • Department of Corrections delays prisoner release when segregation order expired

    Case notes
    Delayed release from ‘precautionary segregation’—complaint upheld—implementation of computerised bring-up system to avoid recurrence of problem—no recommendation necessary

  • Request for amount of Government Securities beneficially owned by three major banks

    Case notes
    Amount of government securities beneficially owned by three major banks as at the end of January 1990—information supplied pursuant to s 36 of the Reserve Bank of New Zealand Act 1989—importance of timely and accurate supply of data—s 9(2)(ba)(i) applied—holdings of Government Stock at specified dates important indicator of liquidity—s 9(2)(b)(ii) applied—public interest in protecting the investing public addressed by the provisions of the Reserve Bank of New Zealand Act relating to prudential supervision

  • Request for sale and purchase agreement and deed of lease

    Case notes
    Request for NZ Post property agreements—ss 9(2)(b)(ii), 9(2)(i) and 9(2)(j)—no good reason to withhold either the deed of lease or the agreement for sale and purchase.

  • Request by unsuccessful tenderer for copies of tender submissions for removal of bodies

    Case notes
    Format of the tender in this particular case was such that disclosure of the prices would be likely to prejudice the successful tenderer’s commercial position—s 9(2)(b)(ii) applies

  • Request for price of successful tender to supply disposable syringes and needles

    Case notes
    Sections 9(2)(b)(ii) and 9(2)(i) do not apply—public interest in release to promote integrity and transparency of tender process

  • Request for quotation submitted by a Government Department

    Case notes
    Requester sought quotation information—amount apportioned by the department as royalties and copyright charges formed part of the department’s marketing and pricing strategy within a competitive market—also in circumstances of this case release of quotation would enable a calculation of how the quotation was made up

  • Request for price of successful tender to supply medical product

    Case notes
    No unreasonable prejudice—public interest in release to promote integrity and transparency of tender process

  • Request for amounts paid to private sector consultants for asset sale advice

    Case notes
    Request for amounts paid to private sector consultants for asset sale advice—initially refused under ss 9(2)(b)(ii) and 9(2)(j)—not possible to deduce individual fee structures or methodology from the information at issue—s 9(2)(b)(ii) did not apply—information at issue would be, at most, of a background nature (since it related to a different transaction) and was at a high level of generality—s 9(2)(j) did not apply—while the information might be considered by firms in deciding whether to pitch a proposal for a particular advisory contract, s 9(2)(i) not satisfied—argument that disclosure may result in a reduction in number of advisors willing to undertake Government work not persuasive due to the vigorous competition for the contracts—strong public interest in release to permit scrutiny of the level of expenditure and questions to be asked about the use of advisers and the decisions that have been taken