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  • Training Institution fails to adequately address a complaint about its course

    Case notes
    Whether a training institution failed to address a complaint made by a student—Ombudsman found the institution’s appeals and complaints processes to have been inadequate—the institution accepted the finding and agreed to re-hear the appeal and then refunded the complainant’s course fees in resolution of the complaint
  • 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
  • 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
  • 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
  • School Board suspends 14 year old contrary to law

    Case notes
    A 14 year-old boy suspended for an unspecified period—contrary to law—student later allowed back to school twice more—the Board ‘reinstated’ the suspension twice more when the student’s behaviour deteriorated—under the Education Act the Board must specify the period of suspension—as this was not done, the suspension expired after 7 days and therefore, could not be ‘reinstated’ at a later time—the Board agreed to review its suspension and expulsion procedures to bring them in line with the requirements under the Act