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Ngā rauemi me ngā tānga

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41 Resources Show all

  • Request for draft documents, internal emails, handwritten notes regarding Government response to Law Commission discussion paper

    Case notes
    Disclosure of draft documents would inhibit future expression of free and frank opinions by officials—s 9(2)(g)(i) applies

  • Request for Ministerial briefing on Auckland CBD rail loop

    Case notes
    Disclosure of ministerial briefing conveyed under pressure of time would inhibit future expression of free and frank opinions by officials—s 9(2)(g)(i) applied—public interest met by release of later document

  • Request for internal complaint assessment memorandum

    Case notes
    Disclosure of preliminary complaint assessment memo would make complaints assessment staff reluctant in future to fully express their views in writing—s 9(2)(g)(i) provides good reason to withhold

  • Request for crisis group reports and working material regarding Government’s response to kidnapping

    Case notes
    Request for information about Government’s response to kidnapping of NZ resident in Baghdad—s 9(2)(g)(i) provides good reason to withhold crisis group reports and working material but not the final review of the hostage-taking—public interest met by disclosure of final review—final review released with redactions

  • Request for draft public consultation document

    Case notes
    Only minor differences between draft and final consultation document—final consultation document was publicly available—release would not inhibit the free and frank expression of opinions necessary for the effective conduct of public affairs

  • Request for internal discussion paper on privatisation

    Case notes
    Two drafts of an internal discussion paper commissioned by Treasury’s Executive Leadership Team—Government had not sought advice on the issue—s 9(2)(g)(i) provides good reason to withhold

  • Request for policy advice behind merger of Archives and National Library

    Case notes
    Release of formal advice to Ministers about abandoned options after decisions had been made would not inhibit the free and frank expression of opinions by officials—s 9(2)(g)(i) does not apply

  • Request for audit information regarding JobPlus scheme

    Case notes
    Draft audit report was identical to final audit report—no good reason to withhold the final audit report so no good reason to withhold the draft—good reason to withhold auditor’s informal and early working papers under s 9(2)(g)(i)—disclosure of the working papers would make auditors more circumspect in what they record, and when and how they record it

  • Request for Minister/Chief Executive discussions

    Case notes
    Disclosure of full record of recollection of discussion between Minister and Chief Executive would inhibit future expression of free and frank opinions—summary of recollection released

  • Request for all information about an audit

    Case notes
    Section 9(2)(ba)(i) OIA applied to staff interview records—implied obligation of confidence—release would be likely to prejudice the future supply of information to auditors—it is in the public interest for staff members to cooperate with audits—s 9(2)(

  • Local Authority unreasonably applied incorrect rates remission policy to sports club

    Case notes
    Local Authority - incorrect application of rates remission policy—sports club application for partial remission declined on wrong basis—Ombudsman sustains complaint

  • Request for auditor’s working papers

    Case notes
    Disclosure of auditor’s scoping discussions and working papers would make auditors more circumspect in what they record, and when and how they record it—good reason to withhold under s 9(2)(g)(i)

  • 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)

  • Council property sale conducted but complainants not advised about status of their objection petition

    Case notes
    Council resolved to sell property of historic significance and occupants petitioned Council to reverse its decision—Council referred petition to committees for consideration and report but before reports completed, concluded the sale of property—the occupants complained of failure of Council to follow due process (failure to report) but failure did not mean complaint could be sustained—however procedural shortcomings acknowledged by Council and apology extended to complainant

  • Local Authority fails to follow legislative procedures when setting fee for dog registration

    Case notes
    Local Authority imposes Dog Control Fees by resolution of Committee—there is a requirement for resolution of territorial authority to take particular matters to be taken into account under the Dog Control Act 1996, s 37 and Local Government Act 1974, s 114Q—Council failed to follow legislative procedures when setting registration fees

  • 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

  • District Council not unreasonable to retain credit balance in rates account

    Case notes
    Early payment of rates—credit balance in rates account— whether local authority has obligation to make refund on request

  • Local Authorities must comply with LGOIMA intent when setting rules

    Case notes
    A Deed of Confidentiality was distributed to Councillors for signature, with the aim to protect information relating to the Council’s business and affairs—Councillor was concerned that signing the document would conflict with the intentions under the Local Government Official Information and Meetings Act 1987 (LGOIMA) and also that Councillors who don’t sign would have restrictions on information they received—Ombudsman ruled that under LGOIMA, a Council may not put rules in place which are inconsistent with the Act and Councils cannot withhold information from Councillors who have not signed that confidentiality agreement

  • District Council accepts wider interpretation of ‘household’

    Case notes
    Imposition of two sewer charges—whether complainant’s mother part of the ‘household’— interpretation of Rating Powers Act 1988, s 30

  • Local Authority required to ensure potable water condition meets standards

    Case notes
    Complaint about potable water condition of subdivision consent where supply did not meet requirements under New Zealand Drinking Water Standards 1984 (revised 2005 and 2008)—Ombudsman found local authority failed to interpret data correctly before issuing resource consent on the subdivision—the water quality was substandard and the local authority provided incorrect advice about improving the quality—the local authority was required to compensate the complainants who had to obtain potable water from another source

  • City Council not required to consider legal costs regarding enforcement order

    Case notes
    Claim for reimbursement of legal costs incurred obtaining an Enforcement Order—Court awarded costs—insufficient to cover full costs—co-operation between complainant and City Council prior to proceedings—costs not covered in agreement—claim not upheld

  • Council accepts practical solution to resolve concerns about building consent

    Case notes
    Building consent for garage—garage constructed to wrong plans—Council issues notice to rectify—retrospective consent granted—withdrawal of notice to rectify

  • Community Boards fall under Ombudsmen jurisdiction if decision(s) made other than by Committee as a whole

    Case notes
    Jurisdiction—Community Board—decisions of full Board outside jurisdiction—scope of jurisdiction limited to acts or decisions of committees, subcommittees, officers, employees or members of Board—Ombudsmen Act 1975, s 13(1) and (2)

  • City Council offers partial rebate for charge on excess water usage

    Case notes
    Excess water usage charges—local authority policy on rebates—partial or full rebate—hidden leakage

  • Request for details of risk management processes

    Case notes
    Request for details of risk management processes—relevant documents provided apart from the ‘risk register’—register consisted of free and frank expressions of opinion—release might undermine risk management strategy—public interest met by release of Risk Management Policy

  • Local Authority has no right to demand legal and court fees from non-paying customer

    Case notes
    Local Authority issued legal proceedings to recover unpaid mooring charges along with an account for ‘legal and court costs’—as the case had not been heard by a Court, the complainant claimed this was wrong—Ombudsman upheld the complaint, noting that a Local Authority cannot claim costs and legal fees (this being a matter for the Court to determine) and the Local Authority cannot list these on a person’s account as owing—the Local Authority changed its procedures regarding recovery of court costs

  • Local Authority not unreasonable to grant non-notified resource consent despite neighbour’s objections

    Case notes
    Local Authority granted non-notifiable resource consent for building extension where complainant claimed the structure would block his lake views. Council correctly applied s 94(2)(b) when it determined that no persons would be affected by the building because the adverse effect of the proposal on the environment was minor—allowing the proposal to proceed on a non-notified basis was not unreasonable

  • Local Authority remedies misunderstanding with elderly vendor in property re-purchase agreement

    Case notes
    Valuation of property for re-purchase—reliance by Council on valuer’s expertise—Council did not disclose information about recent comparable sales—perceived threat to withdraw unilaterally from transaction—Council’s intention to offer vendor opportunity to seek release from contract—apology and ex gratia payment offered for misunderstanding

  • Local Authority revises time limits for oral submissions on draft annual plan

    Case notes
    Annual Plan—special consultative process—amount of time to be allowed for oral submissions—s 716A of the Local Government Act 1974

  • Local Authority agreed its processes were inadequate when it removed vehicle from public street

    Case notes
    Vehicle removed by Local Authority in street—car had no registration sticker, was removed in accordance with ss 356(2) and (5) of the Local Government Act 1974 and stripped and crushed at a local tip—complainant claimed unfair process and investigation indicated a dispute of facts between the two parties about the time the car had been parked—Ombudsman found Authority’s records of actions inadequate—due process not followed—Authority accepted opinion—agreed to compensate for loss of the vehicle, apologise and to improve clarity of guidelines and procedures for record keeping

  • Local Authority determines adverse effect for non-notified resource consent

    Case notes
    Non-notified resource consent application for consent to erect second storey to property—neighbour denied objection and appeal rights—interpretation of s 94 of the Resource Management Act 1991

  • City Councillors can challenge Council’s decisions through Council’s Regulatory Committee, not Ombudsman

    Case notes
    Decision of Council not to notify application for resource consent—request by Councillor for review of decision—insufficient personal interest—Resource Management Act 1991, s 94—Ombudsmen Act 1975, s 17(1)(b)