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  • Request for camera footage of three Taser incidents

    Case notes
    Section 9(2)(a) OIA applied—footage of two incidents particularly sensitive—pixelation not sufficient to address privacy interests—footage of third incident not so sensitive—pixelation would make the risk of identification negligible—strong public inter
  • Report on an unannounced inspection of Whanganui Prison - 4 September 2018

    OPCAT reports
    The following report has been prepared in my capacity as a National Preventive Mechanism under the Crimes of Torture Act 1989 (COTA). My function under the COTA is to examine and make any recommendations that I consider appropriate to improve the treatment and conditions of detained persons in a number of places of detention, including prisons. This report examines the treatment and conditions of persons detained in Whanganui Prison.
  • Request for information about ERO review

    Case notes
    Section 9(2)(ba)(i) OIA applied to information obtained from participants in review—express obligation of confidence—release would be likely to prejudice the future supply of information by participants—it is in the public interest for ERO to receive co
  • Request for names of staff and contractors involved in producing crime and safety survey

    Case notes
    Section 9(2)(g)(ii) OIA applied to staff names—on basis of past conduct Ombudsman satisfied that requester would engage in improper pressure or harassment that would impact on the Ministry’s ability to attract and retain staff and contactors—section 9(2
  • Request for information about staff grievances and allegations of bullying

    Opinions
    Sam Sherwood, on behalf of Stuff, made a request to Selwyn District Council for information about staff grievances and allegations of bullying.
  • Request for draft report prepared by PwC on Auckland Stadium

    Case notes
    Report refused because it was in draft form and commercially sensitive—parts of report withholdable however no basis for blanket withholding—strong public interest in release of report in part
  • Request for names of MSD staff in emails about the drafting of a Bill

    Case notes
    Section 9(2)(a) OIA did not apply—not necessary to withhold staff names to protect their privacy—no information to suggest privacy or safety concerns, or risk of improper pressure or harassment.
  • Report on an unannounced follow-up inspection of Christchurch Women's Prison - 4 April 2018

    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.
  • Request for draft guidelines on religious instruction and observance in schools

    Case notes
    Officials still in the process of drafting—premature disclosure in advance of the planned public consultation process was not in the overall public interest
  • Report on an unannounced inspection of Arohata Upper Prison - 21 March 2018

    OPCAT reports
    The Upper Prison was facing considerable challenges. Resources, infrastructure and staffing were under pressure, which was compounded by the geographical separation from the administrative centre at Tawa. Day-to-day operating systems and arrangements for dealing with women were not fully embedded. Reception and induction processes were poor, and information for foreign prisoners was not available. Significant delays in access to personal property were a source of frustration for many women, reflected in the growing number of complaints and misconducts.
  • Request for staff names in employment investigation report into Joanne Harrison

    Case notes
    Section 9(2)(a) OIA applied—significant privacy interest given the nature and content of report and impact on individuals—no public interest override.
  • Request for names of members of the Auckland University European Students Association

    Case notes
    Section 9(2)(a) OIA applied—withholding necessary to protect high privacy interest in information that would directly or indirectly identify AUESA members—potential consequences of disclosure included harassment, threats and reputational damage—no publi
  • Request for draft reports prepared by EY on Information Services

    Case notes
    Draft reports were in fact final reports—some information publicly available—negotiations had been concluded—neither s 7(2)(c)(ii) nor s 7(2)(i) apply—significant public interest in release to promote transparency of Council’s decision making processes and accountability for expenditure of ratepayer money
  • Request for statistics on allegations of assault by Corrections staff

    Case notes
    Requirements of Operations Manual meant source information to answer request should be held—manual compilation is not creation—s 18(g) does not apply—unreasonable to rely on s 18(f) when the fundamental difficulty in providing the information was down to the Department’s own administrative lapses
  • Request for names and address for service of two Police officers

    Case notes
    Section 9(2)(a) and 9(2)(g)(ii) OIA applied—past conduct suggested the requester would publish information targeting or encouraging others to target the officers in a way that would breach their personal privacy, and subject them to improper pressure or
  • Department of Corrections staff to follow legislative requirements when segregating inmate

    Case notes
    Department of Corrections held prisoner in Management Unit without following required procedure—segregation legislation and regulations are clear and prescriptive
  • Request for Skypath business case and procurement plan

    Case notes
    Releasing business case and procurement plan would unreasonably prejudice the commercial position of the private partner in a public private partnership—withholding strengths and weaknesses of negotiating position necessary to enable Council to carry on negotiations without prejudice or disadvantage—ss 7(2)(b)(ii), 7(2)(c)(i), 7(2)(i) apply
  • Request for draft internal review of International Visitor Survey

    Case notes
    Internal review still in draft form—redacted comments comprised preliminary views of individual within agency—s 9(2)(g)(i) applied—no overriding public interest in disclosure
  • Request for deceased relative’s medical file

    Case notes
    Section 9(2)(a) OIA did not apply—no meaningful privacy interest in information about an individual deceased for nearly 90 years—information released
  • Request for documentation about ‘Ageing in Place’ contract

    Case notes
    Release of detailed proposals and component prices would have an adverse effect on tenderers’ responses to future tenders issued by the DHB, which would damage the public interest—s 9(2)(ba)(ii) OIA applies—release would have an inhibiting effect in future on the quality of the documentation associated with the DHB’s contract negotiations and tender evaluation, which would be prejudicial to the future conduct of such tenders—s 9(2)(g)(i) applies
  • Request for identities of contractors

    Case notes
    Privacy interest outweighed by overriding public interest in promoting accountability, transparency and public confidence and trust in the integrity of the public sector
  • Request for information about severance payment

    Case notes
    Section 9(2)(a) OIA applied—withholding necessary to protect strong privacy interests—significant impact of further media scrutiny on personal privacy—s 9(2)(ba)(ii) applied— settlement agreement contained express obligation of confidence—release would
  • Request for discussions between Ministers on business before Cabinet

    Case notes
    Discussions between Ministers on business before Cabinet imbued with a presumption of confidentiality—s 9(2)(g)(i) provides good reason to withhold undocumented discussions
  • Request for draft public discussion document regarding auditor regulation

    Case notes
    Close-to-final draft containing limited evidence of opinion material—risk of public misunderstanding of the status of this draft document did not justify withholding and could be addressed by disclosure of contextual information—strong public interest in transparency of the policy development process given full-scale public consultation no longer intended
  • Request for names of teaching staff at Massey University

    Case notes
    Section 9(2)(a) OIA did not apply—names already in the public domain and known to students—public-facing nature of the role means that University teaching staff would not ordinarily expect their names to remain private—risk of spam email was not a reaso
  • Request for information by father relating to school suspension of son

    Case notes
    Request by non-custodial father for information relating to his son’s suspension refused in order to protect son’s privacy—weight to be accorded to privacy vis-à-vis school’s obligations of disclosure under s 77 Education Act—summary of information released to satisfy public interest—Education Act 1989, s 77; Guardianship Act 1968, s 3
  • Request for individual totals of abortions reported in 1997 for certain licensed institutions

    Case notes
    Request for individual totals of abortions reported in 1997 for certain licensed institutions—established privacy interests not outweighed by countervailing public interest, subject only to release of further statistical information
  • Request for information relating to Civic Creche Inquiry

    Case notes
    Request for information relating to Christchurch Civic Creche Inquiry—most information released, but all names and other personal information withheld on privacy grounds—view formed privacy considerations did not attach to names of public sector employees in the context of their positions—privacy did attach to other employment related matters, and to names of private sector employees, children and parents involved—no countervailing public interest considerations identified
  • Request for information concerning patients believed ineligible for publicly funded healthcare

    Case notes
    Request for information from Immigration Service concerning patients believed ineligible for publicly funded healthcare—some information withheld on privacy grounds—some information not held—balance to be struck between public interest in release of information to the extent necessary to confirm eligibility for public funding and privacy interest—release of statement satisfied public interest
  • Department of Corrections required to review process for media contact with inmates

    Case notes
    Access to prison inmates by the news media—conflict between procedural manual and communications policy—policy to be reviewed to ensure consistency with procedures
  • Department of Corrections protocol with Ombudsman regarding death in custody

    Case notes
    Death in custody—application of Protocol between Department of Corrections and Office of the Ombudsmen—issues arising from monitoring departmental investigation—need for improved communication, videotaping, fire safety and emergency procedures
  • Request for membership lists submitted by political parties registered with the Electoral Commission

    Case notes
    Request for membership lists submitted by political parties registered with the Electoral Commission—request refused under s 9(2)(a)—New Zealanders generally regard support for a particular political party as a matter of personal privacy—s 9(2)(a) applied—in the absence of any argument that the Commission was not discharging its statutory functions in a reasonable manner, there was no case for wider disclosure of membership lists in the public interest