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  • 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 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.
  • Local Authority excludes public from meeting when agenda item about water issues

    Case notes
    Complaint about a Local Authority (the Council) to exclude the public from a part of its Audit and Risk Committee meeting regarding its discussion of agenda item relating to water quality and water restriction issues—insufficient weight was given to the public interest in the subject matter of the agenda item
  • Request for business plan for Christchurch Convention and Exhibition Centre

    Case notes
    Competitors could copy or adopt third party’s methodology and strategy and devise plans based on its established operating systems which would unreasonably prejudice its commercial position—information subject to an explicit obligation of confidence and of a confidential nature—release would damage the public interest by making suppliers reluctant to participate in future procurement processes
  • 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
  • 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.
  • Early resolution of a potential water restriction to a family home

    Case notes
    A family received notice that an agency would be severely restricting its water supply because of an overdue account. Once the Ombudsman became involved, the agency reviewed its accounts and realised it was in error. On the Ombudsman’s request, the agency apologised to the family and committed to reviewing its accounts more carefully before advising of possible water restrictions. From complaint to resolution, the issue was resolved in only 12 working days without the family suffering water restrictions.
  • Request for emails between MP and university researchers

    Case notes
    Section 9(2)(ba)(i) OIA did not apply—no obligation of confidence—information voluntarily supplied with no reference to confidentiality—release of ‘benign’ information with the consent of the supplier would not be likely to prejudice the future supply o
  • Administrative error leading to loss of opportunity to name a road

    Case notes
    In mid-2016, the owners of land containing a private road became aware that Kaipara District Council (the Council) had excluded them from a consultation process that it had initiated among residents earlier that year to determine a name for the road.
  • 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
  • Local Authority not unreasonable to turn off water supply at property owned by a Trust

    Case notes
    Decision by Local Authority to turn off water supply in building occupied intermittently—Ombudsman finds not unreasonable
  • 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
  • Local Authority fails to include relevant information on a Land Information Memorandum

    Case notes
    Local Authority omits to identify potential slippage risk on a Land Information Memorandum (LIM) issued to the complainant—Ombudsman sustains complaint
  • 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 venue development strategy

    Case notes
    Draft venue development strategy prepared by consultant—refused because commercial and confidential—analysis preliminary and high-level—s 7(2)(f)(i) applies—public interest requires disclosure of a summary statement
  • 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 tender proposals, evaluation and scoring material relating to appointment of default KiwiSaver providers

    Case notes
    Release of detailed organisational information including information about products and fees would be likely unreasonably to prejudice the default providers’ commercial positions—section 9(2)(b)(ii) applies to tender proposals—explicit obligation of confidence—release would make it more difficult for MED to monitor compliance of default providers with their instruments of appointment and have a damaging effect on the success of the KiwiSaver scheme itself—section 9(2)(ba)(ii) applies to evaluation and scoring information
  • 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 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
  • 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 information about employment investigations involving social workers

    Case notes
    Section 9(2)(ba)(ii) OIA applied—implied obligation of confidence in employment context—release would be likely to damage the public interest in maintaining good working relationships between the Department and its staff—public interest in accountabilit
  • Investigation of the Department of Corrections in relation to the transport 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. On 25 August 2006, prisoner Liam Ashley died as a result of injuries sustained while being transported in a van with other prisoners. Liam was aged 17, and had been the subject of violence by a 25 year old prisoner who was subsequently convicted of Liam’s murder. The Corrections Act 2004 aims to ensure that “custodial sentences and related orders … are administered in a safe, secure, humane, and effective manner”. It is a fundamental responsibility of the Department to achieve this.
  • Request for advice and ‘think piece’ on reprioritisation or savings in Vote Education

    Case notes
    Disclosure of internal discussion documents and advice to Ministers would prejudice ongoing decision making process—disclosure of internal ‘think piece’ would inhibit future expression of free and frank opinions by officials—ss 9(2)(f)(iv) and 9(2)(g)(i) provide good reason to withhold
  • Request for draft briefings to the incoming government

    Case notes
    Disclosure of draft briefings to the incoming government would make officials reluctant to be so free and frank in expressing their initial and untested views and cause them to prefer less efficient and transparent verbal exchanges—section 9(2)(g)(i) applies
  • Request for research data held by Crown Research Institute

    Case notes
    Research data subject to clear confidentiality assurances—some farmers would be reluctant to participate in similar trials if released—s 9(2)(ba)(i) applies