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  • 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 record of Council’s meeting with neighbour

    Case notes
    Releasing the record of a meeting conducted on a confidential and without prejudice basis would make it harder to resolve the matter and disadvantage the Council in its negotiations—s 7(2)(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 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 for Crown’s projected figures, budgetary consequences and methodology relating to Treaty of Waitangi negotiations

    Case notes
    Journalist requested forecasts of settlement quantums prepared by OTS— request refused because release would prejudice or disadvantage Crown in carrying on negotiations—information contained details of projected figures and budgetary consequences of different settlement quantums and revealed OTS’s methodology for reaching these figures—disclosure would reveal OTS’s approach to negotiations and falsely give a top dollar figure available to claimants—Ombudsman satisfied Crown’s position in negotiations would be prejudiced by release—public interest in OTS’s transparency and accountability for negotiating with public money met by information already in public arena and made available to claimants during negotiation process—Ombudsman satisfied OTS entitled to rely on section 9(2)(j) to withhold information.
  • 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
  • Request for details of Housing New Zealand’s top ten rental arrears by city or town

    Case notes
    Request for details of Housing New Zealand’s top ten rental arrears by city or town—Housing New Zealand considered release of information would prejudice negotiations to recover rental arrears—public interest in accountability outweighed need to withhold—information released
  • Request for reports relating to INCIS project

    Case notes
    Request to Police for INCIS reports—reports withheld in their entirety—change in circumstances since request refused affecting outcome of review—good reason to withhold information would be established if request made at time of review—investigation discontinued on basis that whatever view might be formed as to correctness of decision to withhold, no recommendation for release would be made
  • 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)
  • 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
  • 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