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  • Request for draft ‘Alternatives Paper’ prepared by consultants on CBD rail link

    Case notes
    Release would inhibit exchange of drafts and views between staff and consultants, which would undermine the drafting process—s 7(2)(f)(i) applied—public interest met by the release of the final report and the peer reviews by relevant agencies
  • Request for literature review on youth desistance

    Case notes
    Draft review provided to successful tenderer as starting point for an external research project— information not in the nature of free and frank opinions—disclosure would not undermine interest in s 9(2)(g)(i)—release accompanied by contextual statement
  • Request for minutes of Council workshops

    Case notes
    Request for minutes of Unitary Plan Political Working Party—minutes related to Council ‘workshops’—s 7(2)(f)(i) applied in part—minutes could be disclosed in part without inhibiting people from contributing to workshops in future
  • Request for draft report on NZX compliance with general obligations

    Case notes
    Release would inhibit the free and frank expression of opinions by officials during the drafting process, and the exchange of opinions between the NZX and FMA—it is in the interests of the ‘effective conduct of public affairs’ for the review process to be robust and conducted in a manner that supported the FMA’s main objective of promoting and facilitating the development of fair, efficient and transparent markets—s 9(2)(g)(i) applied
  • Request for handwritten notes of discussions between MFAT Chief Executive and Minister of Foreign Affairs

    Case notes
    Request for handwritten notes of Chief Executive’s discussions with Minister—confidentiality is necessary to protect the ongoing effectiveness and conduct of the relationship—public interest in disclosure not sufficient to outweigh s 9(2)(g)(i) interest
  • Request for email communications between councillors relating to industrial dispute

    Case notes
    Disclosure of informal emails between councillors in highly sensitive context would inhibit future expression of free and frank opinions—s 7(2)(f)(i) provides good reason to withhold
  • Request for draft report to Ombudsman

    Case notes
    Release of draft report to Ombudsman would inhibit the free and frank expression of opinions—s 9(2)(g)(i) applies
  • Request for information about assessment of community organisation as approved community service

    Case notes
    Section 9(2)(a) OIA did not apply to correspondence from the chair of the community organisation—the fact that a person signed a letter does not necessarily make that letter personal information about them—signatory was acting in his professional capaci
  • Request for communications strategy relating to legal aid reform

    Case notes
    Request for information about a communications strategy—s 9(2)(g)(i) provides good reason to withhold two sentences
  • Request for comments generated during OIA decision making process

    Case notes
    Disclosure would inhibit advisors or officials from expressing or recording free and frank advice on OIA requests in the future—good reason to withhold under s 9(2)(g)(i)
  • Request for draft press releases

    Case notes
    Release would impact on the effectiveness of the process of drafting press releases in future, because officials would be reluctant to be candid or to openly express their initial thoughts in writing—s 9(2)(g)(i) applies
  • Request for draft ministerial inquiry report

    Case notes
    Release of early and annotated draft would inhibit ministerial appointees from expressing free and frank opinions in future and sharing drafts with the Ministry of Justice—public interest met by availability of final report—s 9(2)(g)(i) applies
  • Request for staff named in emails about genetically modified corn

    Case notes
    Section 6(d) OIA did not apply—no real and objective risk of danger to safety—s 9(2)(g)(ii) OIA did not apply—many of the names were already publicly available in connection with this issue and no harm had ensued—section 9(2)(g)(i) OIA did not apply—inf
  • Request for public submissions on draft standard

    Case notes
    Members of the public with a vested interest in developing standards would not be deterred from expressing their opinions in future
  • Request for report on DHB governance issues

    Case notes
    Disclosure of report at time of request would have inhibited expression of free and frank opinions by officials—but passage of time and change in circumstances had diminished the likelihood of such prejudice—senior public servants would not be inhibited from expressing free and frank opinions in future
  • Department of Internal Affairs not unreasonable to cancel passport

    Case notes
    Department of Internal Affairs—decision to recall and cancel complainant’s NZ passport – position determined by terms of legislation
  • 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 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 risk management processes

    Case notes
    Request for details of risk management processes—relevant documents provided apart from the ‘risk register’—register consisted of free and frank expressions of opinion—release might undermine risk management strategy—public interest met by release of Risk Management Policy
  • Department of Conservation resolves impasse concerning ivory-key piano held by New Zealand Customs

    Case notes
    Refusal to release piano imported from United Kingdom—family heirloom from 1920s—need for approval of Department of Conservation under CITES because of ivory content—conflict between New Zealand legislation implementing CITES and European Community Regulations—impasse resolved by acceptance of statutory declaration by family—conflict to be raised with CITES Secretariat
  • Request for names of ‘eminent New Zealanders’ consulted during preparation of Intelligence and Security Agencies Bill

    Case notes
    Request for names of ‘eminent New Zealanders’ who were part of the consultative process in preparing the Intelligence and Security Agencies Bill—request refused under s 9(2)(g)(i) —individuals consulted—in respect of those who advised that disclosure would inhibit them from giving free and frank advice to the Government in future, section 9(2)(g)(i) applied—need to withhold outweighed by countervailing public interest