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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 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 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.
  • 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 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
  • 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 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 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 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
  • Request for list of all strategic goods exported from New Zealand

    Case notes
    Request for list of all strategic goods exported from New Zealand—some information provided but name of exporter and value before tax of strategic goods withheld—9(2)(ba)(i) applied—residual issue of public accountability resolved following inquiries under s 13(3) of the Ombudsmen Act 1975—MFAT agreed that in future, it would disclose in its annual report the statistics it had previously made available only on request
  • Request for details of out-of-court settlements and costs

    Case notes
    Request for details of out-of-court settlements and costs—ss 9(2)(ba)(ii) and 9(2)(j) found to apply—no countervailing public interest
  • 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
  • Prison unnecessarily holds inmates in secure unit

    Case notes
    Placement of minimum secure inmates in maximum security conditions
  • Request for details of out-of-court settlement of a personal grievance

    Case notes
    Request for terms of settlement and amount paid—out-of-court settlement—s 9(2)(ba)(ii) applied—no countervailing public interest