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Ngā rauemi me ngā tānga

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17 Resources Show all

  • Request for names of staff and contractors involved in producing crime and safety survey

    Case notes
    Section 9(2)(g)(ii) OIA applied to staff names—on basis of past conduct Ombudsman satisfied that requester would engage in improper pressure or harassment that would impact on the Ministry’s ability to attract and retain staff and contactors—section 9(2

  • Request for corporate culture information contained in bus tender submissions

    Case notes
    Competitors could use the information to compare and refine their own submissions, potentially reducing the successful tenderers’ competitive advantage in future tender rounds—this would be likely unreasonably to prejudice the commercial position of the successful tenderers— s 7(2)(b)(ii) applies—public interest in accountability for the Council’s decision required release of a summary statement

  • 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 cost of digital and touch wall at new Christchurch Library

    Case notes
    Release would undermine supplier’s negotiations with other buyers which would unreasonably prejudice its commercial position—public interest in disclosure of information regarding Council expenditure outweighs withholding interest

  • Request for cost of fees paid to a law firm

    Case notes
    Release of total fees would not unreasonably prejudice third party’s commercial position

  • Request for expenditure on goods and services provided by Palantir Technologies

    Case notes
    Release of total cost would not unreasonably prejudice third party’s commercial position—public interest in accountability for spending public money

  • Request for names and address for service of two Police officers

    Case notes
    Section 9(2)(a) and 9(2)(g)(ii) OIA applied—past conduct suggested the requester would publish information targeting or encouraging others to target the officers in a way that would breach their personal privacy, and subject them to improper pressure or

  • 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 project and hazard management plans relating to Mount Victoria tunnel refurbishment

    Case notes
    Section 9(2)(b)(ii) applies to genuinely innovative methods that competitors could copy or adapt in future tenders, but not to the plans in their entirety—strong public interest in disclosure to promote accountability for adherence to the plans and effective participation in the consultation process

  • Request for cost of building naming rights

    Case notes
    Release of total cost would not unreasonably prejudice third party’s commercial position—public interest in accountability for spending public money

  • Names of senior and principal historian involved in writing treaty settlement memo

    Case notes
    Sections 9(2)(a) and 9(2)(g)(ii) OIA did not apply—information publicly available—seniority—degree of responsibility—no material supporting likelihood of pressure or harassment

  • Request for name of Auckland Transport employee who requested trade plate cancellation

    Case notes
    Section 7(2)(f)(ii) LGOIMA applied—Auckland Transport provided examples of situations where its employees had been personally targeted and subjected to behaviour that was perceived to be threatening and intimidating by requester—reasonable likelihood th

  • Request for audit report of approved organisation under Animal Welfare Act

    Case notes
    Acrimonious history and prolonged legal dispute were relevant to decision whether or not request was vexatious—while future similar requests might be vexatious this one was not—the requester’s legitimate concern about effectiveness of Ministry’s oversight of approved organisations was the catalyst for the audit report, and she was initially promised a copy of it—requester was genuinely interested in and entitled to know the findings—request not frivolous or vexatious—Trust does not have a commercial position—s 9(2)(b)(ii) does not apply

  • Request for total amounts paid for parking services

    Case notes
    Release of total amounts paid would not unreasonably prejudice the commercial position of the incumbent providers in future tender rounds, nor would it disadvantage the Council in carrying on negotiations—ss 7(2)(b)(ii) and 7(2)(i) do not apply

  • Request for reports of unannounced inspections of rest homes and hospitals

    Case notes
    Release of adverse findings might damage providers’ reputations and therefore their commercial position, but this would not be unreasonable—s 9(2)(b)(ii) does not apply—public interest in promoting public safety and consumer protection

  • Request for capital cost of certain ECNZ power stations and their current book valuations

    Case notes
    Request for capital cost of certain ECNZ power stations and their current book valuations—refused under s 9(2)(i)—release of the information would prejudice ECNZ’s commercial activities—public interest met by availability of Government valuations and release of global or aggregated figures covering the information requested

  • Request for prison escort bus costs

    Case notes
    Tendering for prison escort buses was not a commercial activity—essential element of profit not present—information protected by s 9(2)(j) because costs could be used by successful tenderer to ‘negotiate-up’ rates during the negotiation stage of the tendering process