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26 Resources Show all

  • Request for communications between Chief of Defence Force and Prime Minister

    Case notes
    MP requested information on the restructuring of the NZDF—two letters from the Chief of Defence Force to the Prime Minister regarding draft reports withheld under s 9(2)(g)(i)—distinction between substantive comment about draft reports and minor editorial suggestions—substantive comments were recordings of Chief of Defence Force’s free and frank discussions with Prime Minister—part of Chief of Defence Force role is to advise Prime Minister but he would not have reduced comments to writing if he had thought they would be made public—free and frank comments needed to maintain constructive working relationship with Prime Minister—s 9(2)(g)(i) applied to substantive comments but not to remaining information

  • Request regarding applications for consent to acquire specified property

    Case notes
    Request for information on existence of any applications for consent to acquire specified property—s 10 applied since release of such information likely to prejudice the commercial position of either the vendor or potential purchaser(s)

  • Request for consultant’s report on potentially contaminated sites

    Case notes
    Requester sought consultant’s report on potentially contaminated sites—Council concerned that information would prejudice site owners’ commercial position when selling land and/or business on that land—s 7(2)(b)(ii)—information already available by way of LIM or PIM request—release would not increase extent of prejudice that already existed—information released on recommendation

  • Request for contaminated land information

    Case notes
    Request for contaminated land information—doctoral thesis—information withheld to avoid prejudice to future supply and prejudice to commercial interests of third parties

  • Request for early stage policy advice relating to paid parental leave

    Case notes
    Request for information relating to paid parental leave policy—information withheld to maintain collective ministerial responsibility, protect confidentiality of advice and free and frank exchange—in the circumstances no good reason to withhold

  • Request for minute from Chief of Air Staff to Chief of Defence Force

    Case notes
    Request for minute from Chief of Air Staff to Chief of Defence Force regarding return of aircraft to Samoa to uplift a civilian passenger—minute contained free and frank expressions of opinion—factual information and summary of opinions released—manner in which opinions expressed particularly frank—s 9(2)(g)(i) applied—public interest in release satisfied by release of summary

  • Ministry of Social Development has no authority to require beneficiary to appoint agent

    Case notes
    Illiterate beneficiary preferred to communicate verbally, frequently and often vociferously—the Ministry arranged for beneficiary’s solicitor to become agent—Ombudsman sought advice from Ministry as to authority it was relying on to request appointment of an agent—the Ministry confirmed there was no specific legislative authority— Ombudsman formed view that requirement unreasonable—complainant revoked agency and dealt directly with Ministry again

  • Request for reports on Fire Service levy audits

    Case notes
    Request for reports on Fire Service levy audits—duty of agents of New Zealand Fire Service Commission to report results of examination of records, books and accounts of insurance companies and agents to the Commission—s 51B Fire Service Act 1975—secrecy provisions—release would be contrary to the provisions of the Fire Service Act

  • Request for affidavit of CYFS social worker

    Case notes
    A request was made to the Department of Child Youth and Family Services (CYFS) by the caregiver of a tamariki. The child was the subject of a Family Court hearing and the request was for an affidavit given by a CYFS social worker.

  • Request for name of food outlet in outbreak of food poisoning

    Case notes
    Request for name of food outlet implicated in outbreak of food poisoning in circumstances where the class of outlet had received publicity—health authority satisfied with remedial measures taken—information withheld on grounds of commercial prejudice—identification and assessment of countervailing public interest considerations favouring disclosure

  • Department of Corrections failed to meet requirements before placing inmate in restrictive regime

    Case notes
    Department of Corrections placement of inmate on restrictive regime designed for the most disruptive inmates unreasonable because criteria for placement not met—placement deemed unreasonable—inmate immediately returned to mainstream

  • Department of Corrections applies prison visiting rules too rigidly

    Case notes
    Special family visit to inmate denied—decision contrary to Department's national standard—prison agreed to review its local instructions to ensure consistency with spirit and intent of national standard

  • Department of Corrections delays prisoner release when segregation order expired

    Case notes
    Delayed release from ‘precautionary segregation’—complaint upheld—implementation of computerised bring-up system to avoid recurrence of problem—no recommendation necessary

  • Superannuation Appeals Board reasonably relied on Crown Law advice

    Case notes
    Failure to give reasons for decision—reasons given in counsel’s written submissions adopted by Board—disclosure of reasons distinguished from merits of decision—Government Superannuation Appeals Board—Ombudsmen Act 1975—Government Superannuation Fund Act 1956, s 12(A)(2)

  • Request for access to papers deposited in National Archives

    Case notes
    Request for access to certain papers deposited in National Archives—request declined on basis that access to the papers was restricted—condition made by former Minister at time of deposit that access subject to his consent—he declined to give consent—release would be contrary to specified enactment—Archives Act 1957, s 20(1)

  • 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 reports held by Ministry of Commerce

    Case notes
    Application of Companies Act 1993, s 367(2)—information withheld pursuant to s 367(2)—investigation showed s 367(2) applied to information at issue—investigation under Ombudsmen Act precluded—right of appeal to High Court available under Companies Act—Ombudsmen Act 1975, s 13(7)(a); Companies Act 1993, ss 365, 367(2), 368

  • 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

  • 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

  • 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