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  • Request for handwritten comments on draft walking and cycling strategy

    Case notes
    Release would inhibit willingness of Council staff to provide free and frank opinions on drafts circulated by colleagues, or to test the content and recommendations of such documents, which would undermine the accuracy and value of the material that eventuates—s 7(2)(f)(i) applies
  • Request for information about appointment of public service chief executive

    Case notes
    Section 9(2)(a) applied to names of unsuccessful candidates—no public interest override—section 9(2)(a) and 9(2)(ba)(ii) did not apply to the names of external panellists—section 9(2)(a) did not apply to officials’ names, Cabinet distribution and attend
  • Request for independent test results of product

    Case notes
    Section 9(2)(ba)(i) OIA applied—implied obligation of confidence—information could have been compelled under an enactment—release would be likely to prejudice timely supply of information of the quality and standard necessary for the Commerce Commission
  • Request for information about exploration permits awarded to Anadarko Petroleum

    Case notes
    Application and evaluation subject to obligation of confidence—release would make bidders reluctant to share full information in future, which would undermine MBIE’s ability to carry out statutory functions—release would also reduce the appeal of investing in New Zealand and MBIE’s ability to administer the Crown Minerals Act, which would otherwise damage the public interest—sections 9(2)(ba)(i) and (ii) apply—revealing information about particular prospects or reserves would disadvantage third party vis-à-vis their competitors—revealing information about projected costs would disadvantage third party in its negotiations with service companies—section 9(2)(b)(ii) applies—public interest met by available information
  • Adequacy of ex gratia payment to remedy mistake by Customs

    Case notes
    NZ Customs officer rejected passenger on flight because water damage on passport—Ombudsman found officers failed to process the passport adequately and caused considerable cost to passenger because of this failure—complainant upheld and complainant received full payment to cover financial losses
  • Request for settlement amount reached following unsuccessful prosecution

    Case notes
    Section 7(2)(c)(ii) LGOIMA applied—settlement agreement contained express obligation of confidence—release would be likely to damage the public interest in encouraging parties to settle their disputes without resorting to litigation—public interest in a
  • Request for Pre-Cabinet précis briefings

    Case notes
    Disclosure of short and incisive pre-Cabinet briefings and risk assessments would inhibit future expression of free and frank opinions
  • Request for draft investigation report into spending by Mayor Len Brown

    Case notes
    Section 7(2)(c)(i) LGOIMA applied—draft investigation report subject to an obligation of confidence owed to the Mayor, who was the subject of / participant in the investigation—release would prejudice the ongoing supply of information from subjects or p
  • Request for draft investigation report into GRSA outbreak at Wellington Hospital’s neonatal unit

    Case notes
    Request for investigation report regarding outbreak of GRSA at Wellington Hospital’s Neonatal Intensive Care Unit—report withheld as not ‘signed-off’—TOR specified confidential two-stage investigation process—disclosure risked compromising this process and would diminish staff confidence that investigations would follow agreed protocols—disclosure would be likely to damage the public interest—final investigation report still not complete nearly one year later—the longer a review process goes on without disclosure of final investigation report the greater the public interest in disclosure of at least an interim statement—in this case s 9(2)(ba)(ii) provided good reason to withhold the draft report.
  • Department of Internal Affairs provides reasonable service and advice to traveller on temporary passport

    Case notes
    Whether the Department of Internal Affairs (DIA) reasonably handled revalidation of a passport for New Zealand citizen travelling on temporary passport—Ombudsman concluded DIA had made every effort to inform the complainant of the steps needed to have his passport validated
  • Request for staff named in emails about genetically modified corn

    Case notes
    Section 6(d) OIA did not apply—no real and objective risk of danger to safety—s 9(2)(g)(ii) OIA did not apply—many of the names were already publicly available in connection with this issue and no harm had ensued—section 9(2)(g)(i) OIA did not apply—inf
  • 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 public submissions on draft standard

    Case notes
    Members of the public with a vested interest in developing standards would not be deterred from expressing their opinions in future
  • Request for report on DHB governance issues

    Case notes
    Disclosure of report at time of request would have inhibited expression of free and frank opinions by officials—but passage of time and change in circumstances had diminished the likelihood of such prejudice—senior public servants would not be inhibited from expressing free and frank opinions in future
  • Department of Internal Affairs not unreasonable to cancel passport

    Case notes
    Department of Internal Affairs—decision to recall and cancel complainant’s NZ passport – position determined by terms of legislation
  • Request for bioequivalence studies and dissolution data

    Case notes
    Not a trade secret but the data is subject to an obligation of confidence—risk of disclosure to competitors would make drug suppliers less likely to enter the New Zealand market—s 9(2)(ba)(ii) applies
  • Requests for tape and transcript of pilot communications to air traffic control

    Case notes
    Media requests for tape and transcript of pilot communications to Christchurch Air Traffic Control prior to crash—class exemption sought—also withheld to protect obligation of confidence—s 9(2)(ba)—release would not breach Chicago convention or any contracts with air traffic controllers—recommendation that information be released
  • Request to Board of Trustees for 15 year old daughter’s statements alleging sexual harassment by teacher aide

    Case notes
    Mother’s request to Board of Trustees for 15 year old daughter’s statements alleging sexual harassment by teacher aide—daughter provided statement to school in confidence—refused consent to release—public interest in ensuring students willing to supply similar information to school in future—good reason to withhold under s 9(2)(ba)(i)
  • Request for health information about person charged with murder

    Case notes
    Request for information about care of patient by mental health services of person charged with murder—information withheld under s 6(c) to avoid prejudice to right to a fair trial
  • Request for names of informants

    Case notes
    Request for names of informants—information withheld under section 6(a)—general approach applied
  • 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 submissions made by ‘interested parties’ on Preliminary Accident Report

    Case notes
    Request for submissions made by ‘interested parties’ on Preliminary Accident Report— request refused under s 9(2)(ba)(i)—obligation of confidence established—‘Interested parties’ would be likely to be less forthcoming if they knew there was a possibility their comments would be made available to the public—s 9(2)(ba)(i) applied and not outweighed by public interest factors—requirements of natural justice already met—inquisitorial nature of Commission’s investigations
  • 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