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25 Resources Show all

  • Privacy: A guide to section 9(2)(a) of the OIA and section 7(2)(a) of the LGOIMA

    Official information
    This is a guide to the privacy withholding ground found in section 9(2)(a) of the OIA and section 7(2)(a) of the LGOIMA.

  • 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

  • Request for email between journalist and source

    Case notes
    Section 9(2)(a) OIA did not apply—one party consented to release—both parties acting in their professional capacities—information already in the public domain—s 9(2)(ba)(ii) did not apply—no blanket confidentiality for all communications with journalist

  • 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

  • Decision to release tender information in response to Official Information Act request

    Case notes
    Complaint about a decision to release information under the Official Information Act—Ministry consulted adequately with affected party—Ministry took into account affected party’s submissions, all relevant considerations, principle of availability, legis

  • Request for average remuneration of 10 highest paid staff broken down by gender

    Case notes
    Section 9(2)(a) OIA applied—small numbers in top 10 meant there was a real likelihood release could reveal fairly accurate salary information about identifiable individuals—withholding necessary to protect their privacy—s 9(2)(i) did not apply—insuffici

  • 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—

  • 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

  • Regional Authority not unreasonable in approach to Council’s earthworks activity

    Case notes
    Local Authority constructed walkway—Regional Authority took reasonable action against Council—whether application for resource consent should have been notified

  • Local Authority’s management of consent process not unreasonable

    Case notes
    Local Authority proposal for Youth Zone to be included in Reserves Management Plan criticised—alleged lack of public consultation—concern that the report recommending inclusion of a Youth Zone was biased and misleading—Ombudsman finds Council did not act unreasonably

  • Local Authority agrees to pay difference in solicitor fees

    Case notes
    Local Authority—fees charged to complainant for legal work required in relation to a building consent—not unreasonable to require Council solicitors to carry out the work as long as their fees are no higher than complainant’s own solicitor—failure to inform complainant of liability for legal fees but no material disadvantage caused by this

  • 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

  • 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

  • Request from journalist for psychological state of deceased inmate

    Case notes
    Request from journalist for psychological state of deceased inmate—information withheld under s 9(2)(a)—information released to next of kin

  • Request for address list of members of university council

    Case notes
    Request for address list of members of university council—addresses withheld in reliance upon s 9(2)(a)—some members did not wish disclosure of private addresses—privacy accepted in those cases—public interest in members of the public being able to communicate directly with the elected members of the university council—public interest met by university undertaking to forward correspondence addressed to council members at the university

  • Request by non-custodial parent for access to child’s school reports

    Case notes
    Request by non-custodial parent for access to child’s school reports—child specifically asked that reports be withheld—reports addressed to student and caregivers—relevance of s 77 of the Education Act 1989 to public interest considerations—good reason to refuse under s 9(2)(a) but short statement provided to non-custodial parent to the effect that there was nothing which required reporting in terms of the Education Act

  • Local Authorities not obliged to adopt narrow user-pays approach when setting rates

    Case notes
    Complaint concerned a service provided by local authority for which a rate was levied—believed as he did not benefit from it, his rates liability should be adjusted—Ombudsman concluded ratepayers cannot expect the level of services/benefits will reflect precisely the rates paid

  • Local Authority unreasonable to allow change to Management Plan without public notification

    Case notes
    Local Authority administering a park, agreed to a non-notified change in its Management Plan and allowed a sports club to expand its building at the park—local resident objected to lack of public consultation—Ombudsman found vague reference in the Plan to sport’s club hoped to expand its facilities, but given the scale and nature of the proposed building, the Local Authority’s decision not to notify a change to the management plan was unreasonable—Authority agreed with decision and commenced notification process

  • Council’s authority to levy Harbour Facilities Charge expired

    Case notes
    Imposition of ‘harbour facilities charge’—bylaw made pursuant to legal authority which had expired—s690A Local Government Act 1974, ss 33 and 427 Resource Management Act 1991