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33 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 agency peer review of Family Violence Death Review Committee draft annual report

    Case notes
    Release of free and frank comments made in the context of peer reviewing a draft annual report would inhibit the expression of similar comments in future—s 9(2)(g)(i) applied

  • 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

  • Request for names of staff involved in sending email to parents about Pink Shirt Day

    Case notes
    Section 9(2)(a) OIA applied—correspondence with the requester and information supplied by the New Zealand Police suggested the requester would approach the staff outside of the official complaints process, and may have behaved in an abusive and threaten

  • 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.

  • Request for due diligence report, site visit reports and reference checks

    Case notes
    Section 9(2)(ba)(i) applies in part to the due diligence report and to the correspondence from supplier—public interest in accountability of Department for steps taken to satisfy itself regarding supplier’s performance—sections 9(2)(ba)(i) and 9(2)(g)(i) apply to information obtained from site visits, but not to the executive summary of the reports—public interest in accountability for decision to award contract—sections 9(2)(ba)(i) applies to reference checks—release would deter referees from providing full and complete information in future—public interest requires release of summary information about the reference checks

  • 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.

  • Cancellation of transport card and refusal to refund money stored on the card

    Case notes
    A complaint was made against Auckland Transport (AT) about its cancellation of an ‘AT HOP’ card used by commuters on Auckland’s public transport system.

  • Request for names of guests invited to Mayor’s Christmas function

    Case notes
    Section 7(2)(a) LGOIMA applied—low privacy interest in the names of the guests—as guests were representatives of local businesses or other organisations the information was more about their public lives than their private ones—the function was a public

  • 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

  • Request for information about decision to grant diversion

    Case notes
    Section 9(2)(a) OIA applied—withholding necessary to protect highly private details of alleged offender’s personal life—public interest in accountability for the Police decision to grant diversion in contentious circumstances required disclosure of summ

  • Request for approved codes of ethical conduct for animal testing

    Case notes
    Section 9(2)(ba)(i) OIA did not apply—25 of 26 code holders had voluntarily released their codes—no obligation of confidence—release of ‘benign’ information would not be likely to prejudice the future supply of similar information—information released

  • Request for draft job sizing reports

    Case notes
    Reports formed an early stage of developing options for consideration and consultation— disclosure would likely inhibit the willingness of officials and consultants to tender a wide range of preliminary options, and to canvass issues in comprehensive written form, to the detriment of prudent and effective decision making

  • Local Authority’s efforts to mitigate effects of resource consent errors not unreasonable

    Case notes
    Local Authority decision about wall constructed on boundary—Council erred by not requiring resource consent and then offered assistance to owners to lodge application—complainant considered Council unfair not to offer assistance to him to oppose the consent

  • Local Authority’s Code of Compliance Certificate on drainage reasonable in circumstances

    Case notes
    Local Authority decision on detection of cross connection piping problem not unreasonable—Body Corporation of building forced to pay costs—question whether Code of Compliance Certificate should have been issued—Ombudsman concluded Council not aware of problem

  • Office of Privacy Commissioner not unreasonable to decline to investigate complaint against Police

    Case notes
    Office of the Privacy Commissioner (OPC)—decision not to investigate a complaint against the New Zealand Police

  • Regional Authority decision on resource consent for pergola on non-notified basis not unreasonable

    Case notes
    Regional Authority’s decision to grant resource consent for a pergola on a non-notified basis was reasonable in the circumstance—permitted baseline test under section 95E of the Resource Management Act 1991

  • Local Authority’s Trespass Notice unreasonable in circumstances

    Case notes
    Local Authority issued Trespass Notice for two years at sports stadium—Ombudsman noted serious misconduct on part of complainant to warrant action but trespass sanction extreme—complaint sustained and Council implemented Ombudsman’s recommendations

  • Local Authority did not act unreasonably in remedying damage following tree removal

    Case notes
    Local Authority—removal of two pohutukawa trees—Council agreed to mitigate loss of these in conjunction with the land owner—Ombudsman considered Council did not act unreasonably

  • 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 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