Open main menu Close main menu

Resources and publications

Ngā rauemi me ngā tānga

Search guidescase notesopinionsreports and other information. Resources and publications can also be searched by date and other options. 

Use the search bar to make your search. Then use the filters to narrow down the results by resource type or topic. 

More information about the resource categories on this page
Search by keyword
  • Request for information relating to Government funding for upgrade of hospital

    Case notes
    Request for information on Government funding for the upgrade and redevelopment of Wellington Hospital—request refused on variety of grounds—majority of information released on review—interpretation of s 9(2)(i) and what constitutes ‘commercial activities’—Health and Disability Services Act 1993, s 11(2)(b)
  • Request for manufacturer’s information of breath-testing device used by Police

    Case notes
    Request for technical data and manufacturer’s specifications for an evidential breath-testing device used by the Police—information withheld on basis release would disclose a trade secret, unreasonably prejudice commercial position of manufacturer and prejudice maintenance of the law—New Zealand case law suggested prosecution obliged to disclose sufficient information to defence counsel—investigation discontinued on basis that application to the Court provided adequate alternative remedy
  • Request for Consultative Draft District Plan

    Case notes
    Consultative Draft District Plan refused under s 7(2)(f)(i)—information did not meet requirements of that section—no statutory prohibition in Resource Management Act which prevents information being made available before the date of notification—Resource Management Act 1991, s 35(2)
  • Request by paediatric social worker in a public hospital for Manitoba Risk Estimation System

    Case notes
    Request by paediatric social worker in a public hospital for Manitoba Risk Estimation System—request declined—system provided to CYPFS subject to contract—consultation with owners of system—information released subject to conditions
  • School Board of Trustees agrees to address significant deficiencies in suspension procedure

    Case notes
    Suspension and expulsion of student where several significant deficiencies were identified in the procedures of the Board’s disciplinary committee led to the Board of Trustees agreeing to review its procedures and apologise to student and family—the Board also amended student’s records to show the suspension decision was invalid—the Board’s willingness to address its deficiencies were notable in this case (Board members were all new to the role)
  • Department of Corrections reasonably held inmate in segregation

    Case notes
    Unreasonable placement of inmate on precautionary segregation—written material found in his cell which reflected on the safety of prison staff—placement not deemed unreasonable
  • New Zealand Customs Service questioned over acceptance of deposit pursuant to legislation

    Case notes
    Refusal to pay interest following resolution of dispute over Customs value of goods—whether relevant documentation provided at the time of importation—whether s 140 of the Customs Act 1966 (repealed) conferred authority on Department to take deposit—investigation discontinued following discovery that company did not exist as legal entity at the time complaint was made
  • School Board of Trustee and Principal failed to follow disciplinary process; contrary to law

    Case notes
    School Board of Trustees fails to follow statutory criteria for suspension of student (failure to provide guidance and counselling)—suspending a student is a serious step requiring careful consideration—the Ombudsman’s investigation of a wide-ranging complaint by a mother about the manner in which a school had dealt with various aspects of her two sons’ behaviour, culminating in the indefinite suspension of one of her sons, highlighted the need for Principals and Boards of Trustees to familiarise themselves thoroughly with the procedural requirements of s 13 of the Education Act 1989
  • Department of Corrections should explain reasons for declining application to be excused from PD reporting

    Case notes
    Refusal of application to be excused from reporting for periodic detention—incomplete explanation given at the time—reasons and apology provided—Criminal Justice Act 1985, s 41(3)
  • New Zealand superannuation commences on day application received

    Case notes
    New Zealand superannuation surcharge—timing of application for superannuation—superannuation payable from day application received—Income Tax Act 1994, s OB 1, Social Welfare (Transitional Provisions) Act 1990, ss 3 and 5
  • Department of Corrections required to advise decision on day parole application

    Case notes
    Failure to advise inmate of decision on application for day parole—prison administration expected inmate to ask Case officer for outcome—responsibility for advising the outcome of a request/application normally rests with decision-maker—internal procedures changed to reflect normal practice
  • Request for communications between Minister of Finance and the Reserve Bank

    Case notes
    Request for communications between Minister of Finance and the Reserve Bank regarding economic growth, monetary policy and inflation outlook—information withheld under ss 6(e)(iv), 9(2)(d), 9(2)(f)(iv) and 9(2)(g)(i)—markets are extremely sensitive and react to the most subtle signals—if released, Reserve Bank would be likely to become more guarded about what was said at, and recorded after, meetings with Minister—s 9(2)(g)(i) applied and no countervailing public interest considerations which outweighed need to withhold
  • 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 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 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
  • Polytechnic and inadequate complaints procedure to deal with sexual harassment complaint—ex gratia payment

    Case notes
    Polytechnic failed to have proper procedures in place to handle complaint from student concerning sexual harassment—Polytech agreed that it had not dealt with the matter with urgency and had an inadequate complaints procedure in place—ex gratia payment was offered to the student for this reason, not because the claims of sexual harassment had been made out, although there was an indication that prima facie a case had been made out that unacceptable behaviour by a tutor had occurred—Polytech apologised, offering ex gratia payment and undertook to improve its complaints handling procedures