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13 Resources Show all

  • Request for information about volunteer rural constabulary programme

    Case notes
    Section 9(2)(f)(iv) OIA applied to briefing from New Zealand Police to Minister—negotiations between coalition partners were still required, and disclosure would have prejudiced the orderly and effective conduct of the Government’s decision making proce

  • Decision to implement locked cell policy

    Case notes
    Complaint about the negative effects of implementing a locked cell policy in the Kaaka North and South pods at Northland Region Corrections Facility – Chief Ombudsman found that the implementation was unreasonable – the significant consequences (lack of

  • Request for information about death in custody

    Case notes
    Request for all correspondence about death in custody—unreasonable to rely on sections 9(2)(a) and 9(2)(ba)(i) without compiling and reviewing the information—subsequent reliance on section 18(f) (substantial collation or research) also unjustified—

  • Investigation of the Department of Corrections in relation to the detention and treatment of prisoners

    Systemic investigations
    Under the Ombudsmen Act 1975, it is a function of the Ombudsmen to investigate complaints relating to matters of administration affecting persons in their personal capacity against various bodies, including the Department of Corrections (the Department). Pursuant to this Act, the Ombudsmen have power to investigate complaints by prisoners about all aspects of their detention by the Department. At the end of 2004 serious issues related to the treatment of prisoners came to public attention.

  • Request for report on suicide and the media

    Case notes
    Strong public interest in requester having access—participation in making of laws and policy— release on conditions

  • 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

  • Immigration Service fails to provide adequate information about nature of its investigation

    Case notes
    Immigration New Zealand allegedly unfair processing of refugee quota cases—INZ initially did not uphold complaint following own departmental investigation—complainant not satisfied his concerns were seriously investigated—Ombudsman found complainant should have been more fully informed of nature and extent of inquiries made

  • Immigration Service allows visa extension applicant to approach Minister where original visa granted as Special Direction

    Case notes
    Holder of eight week visitor’s permit applied for further visitor’s permit—application declined—original permit issued pursuant to special direction by Minister—NZIS had no discretion to grant further permit—applicant denied opportunity to approach Minister for further permit—NZIS agreed to allow applicant time to do so before instituting removal procedures

  • Immigration Service delay to seek refugee status information was reasonable

    Case notes
    Length of time taken to complete inquiries in relation to refugee status of complainant—NZIS had not caused significant delays—difficulties in obtaining crucial information—NZIS did not act unfairly or unreasonably

  • Department of Internal Affairs reviews requirement for ‘country of birth’ statement in passports

    Case notes
    Request that country of birth not be recorded on passport—format of passports determined by internationally agreed standards of International Civil Aviation Organisation—no capacity at present to produce non-standard passports—design of passports to be reviewed

  • 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