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  • Request for camera footage of three Taser incidents

    Case notes
    Section 9(2)(a) OIA applied—footage of two incidents particularly sensitive—pixelation not sufficient to address privacy interests—footage of third incident not so sensitive—pixelation would make the risk of identification negligible—strong public inter
  • 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 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 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 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
  • Request for names of MSD staff in emails about the drafting of a Bill

    Case notes
    Section 9(2)(a) OIA did not apply—not necessary to withhold staff names to protect their privacy—no information to suggest privacy or safety concerns, or risk of improper pressure or harassment.
  • 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 staff names in employment investigation report into Joanne Harrison

    Case notes
    Section 9(2)(a) OIA applied—significant privacy interest given the nature and content of report and impact on individuals—no public interest override.
  • Request for names of members of the Auckland University European Students Association

    Case notes
    Section 9(2)(a) OIA applied—withholding necessary to protect high privacy interest in information that would directly or indirectly identify AUESA members—potential consequences of disclosure included harassment, threats and reputational damage—no publi
  • 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 statistics on allegations of assault by Corrections staff

    Case notes
    Requirements of Operations Manual meant source information to answer request should be held—manual compilation is not creation—s 18(g) does not apply—unreasonable to rely on s 18(f) when the fundamental difficulty in providing the information was down to the Department’s own administrative lapses
  • 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 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 data on tooth decay in Taranaki children

    Case notes
    Section 9(2)(a) OIA applied to identifying details (NHI number, addresses, dates of birth, dental clinics), but not to information about fluoride and dental decay which would not identify individuals—partial release
  • Request for copy of LGOIMA request

    Case notes
    Earlier decision to supply the (wrong) information undermined later decision to declare the request vexatious—request arose out of genuine interest in the subject—while the requester had been critical of Council that did not mean the purpose of his request was to harass or annoy—s 18(h) does not apply—information should be released
  • Request for handwritten comments on draft walking and cycling strategy

    Case notes
    Release would inhibit willingness of Council staff to provide free and frank opinions on drafts circulated by colleagues, or to test the content and recommendations of such documents, which would undermine the accuracy and value of the material that eventuates—s 7(2)(f)(i) applies
  • Request for serious incident review

    Case notes
    Section 9(2)(a) OIA applied—although significant information was already in the public domain withholding was necessary to protect the family’s right to be left alone in circumstances where highly distressing events had resulted in significant media and
  • Request for whether company vehicles issued infringement notices

    Case notes
    Section 7(2)(a) LGOIMA did not apply—information about company not natural person—information released
  • Request for evidentiary conclusions in respect of 15 issues or assertions and information about religious affiliation or association of staff

    Case notes
    Information not held—evidentiary conclusions would need to be created—to the extent that information about religious affiliation or association of staff was held in mind of Commissioner it would be held in a personal capacity
  • Request for correspondence regarding dog control officer’s actions

    Case notes
    Request related to dispute some 16 years prior that had already been the subject of court proceedings and inquiries by this Office—request was an attempt to re-litigate already long concluded matters and an abuse of the right to access official information—vexatious complaint—Ombudsman refuses to investigate
  • Request for information about appointment of public service chief executive

    Case notes
    Section 9(2)(a) applied to names of unsuccessful candidates—no public interest override—section 9(2)(a) and 9(2)(ba)(ii) did not apply to the names of external panellists—section 9(2)(a) did not apply to officials’ names, Cabinet distribution and attend
  • Request for names of submitters who opposed an application by the Ban1080 party to register its name and logo

    Case notes
    Section 9(2)(a) OIA applied—withholding necessary to protect the privacy of submitters who were individual members of the public—potential consequences of disclosure included harassment and threats to safety—in view of these consequences the public inte
  • Request for reports into prisoner deaths in custody

    Case notes
    Request for reports into deaths of two prisoners in custody—s 9(2)(a) applied to parts of reports—strong public interest in release—disclosure to the Howard League subject to conditions
  • Request for Pre-Cabinet précis briefings

    Case notes
    Disclosure of short and incisive pre-Cabinet briefings and risk assessments would inhibit future expression of free and frank opinions
  • Request for information refused due to offensive and repetitive nature

    Case notes
    Number of requests made to Police over several years—recent request considered frivolous and vexatious—refused under s 18(h) in light of tone of correspondence and previous similar requests—requester had genuine interest in obtaining the requested information—requester agreed to withdraw the abusive remarks and redraft his requests purged of derogatory and intemperate comment
  • Request for information relating to alleged violation of a hospital patient

    Case notes
    Request for information relating to alleged violation of a hospital patient—right to a fair trial—information withheld under s 6(c) pending outcome of legal proceedings—information released after proceedings concluded
  • Request by non-custodial parent for children’s school reports

    Case notes
    Request by non-custodial father for school reports of two daughters—father accused of indecently assaulting daughters—father denied charges—information required for defence—s 9(2)(a) applicable, but public interest under s 9(1) in right to justice outweighed complete protection
  • Request for information about a victim of crime

    Case notes
    Request for information about victim of crime—information needed for petition to Governor-General—balance to be struck between privacy interest and public interest in justice