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  • Consultation on health and safety plans for Managed Isolation Facility

    Case notes
    Complaint about level of consultation with residents before Stamford Plaza Hotel became a Managed Isolation Facility—Chief Ombudsman found that the Department did not consult appropriately with the residents before this occurred—the Department also did
  • Request for names of clusters that COVID-19 cases were linked to

    Case notes
    Section 18(c)(i) OIA applied—release would be contrary to s 92ZZG(2) Health Act 1956— discretion to use or disclose contact tracing information for the ‘effective management of infectious diseases’—exercise of discretion reviewed under the Ombudsmen Act
  • Decision to implement locked cell policy

    Case notes
    Complaint about the negative effects of implementing a locked cell policy in the Kaaka North and South pods at Northland Region Corrections Facility – Chief Ombudsman found that the implementation was unreasonable – the significant consequences (lack of
  • Request for information about death in custody

    Case notes
    Request for all correspondence about death in custody—unreasonable to rely on sections 9(2)(a) and 9(2)(ba)(i) without compiling and reviewing the information—subsequent reliance on section 18(f) (substantial collation or research) also unjustified—
  • Request for policy advice behind merger of Archives and National Library

    Case notes
    Release of formal advice to Ministers about abandoned options after decisions had been made would not inhibit the free and frank expression of opinions by officials—s 9(2)(g)(i) does not apply
  • Investigation of the Department of Corrections in relation to an incident of self-harm at Christchurch Women’s Prison and the issuing of strip gowns to prisoners at risk of self harm

    Systemic investigations
    In July 2009, in accordance with the Protocol made pursuant to section 160 of the Corrections Act, I received notification from the Department of Corrections of an incident of prisoner self-harm that had occurred in the At-Risk Unit (ARU) of Christchurch Women’s Prison (CHWO).
  • Investigation of the Department of Corrections in relation to an incident of self-harm at New Plymouth Prison and the Department’s disposable safety razor policy

    Systemic investigations
    On 11 May 2009, the Department of Corrections instituted a new national policy on razor blades for prisoners. The purpose of the policy was to reduce the number of incidents involving razor blades. It applied to those prisoners accommodated in High Security, Remand and Youth Units. These prisoners would no longer be allowed to stockpile or keep issue razor blades. The aim of the policy was interpreted as intending to limit the opportunity for self-harm by misuse of razor blades.
  • Department of Corrections made errors in documentation but parole hearing set correctly

    Case notes
    Whether Department of Corrections staff failed complainant with respect to a Parole Board hearing—Ombudsman found errors in documentation but complainant not disadvantaged
  • Department of Corrections unreasonable to place prisoner with mental illness in mainstream unit

    Case notes
    Whether the Department of Corrections was unreasonable to place prisoner in mainstream unit given specific medical condition of mental illness—Ombudsman upheld complaint
  • Request for audit information regarding JobPlus scheme

    Case notes
    Draft audit report was identical to final audit report—no good reason to withhold the final audit report so no good reason to withhold the draft—good reason to withhold auditor’s informal and early working papers under s 9(2)(g)(i)—disclosure of the working papers would make auditors more circumspect in what they record, and when and how they record it
  • Request for Minister/Chief Executive discussions

    Case notes
    Disclosure of full record of recollection of discussion between Minister and Chief Executive would inhibit future expression of free and frank opinions—summary of recollection released
  • Request for all information about an audit

    Case notes
    Section 9(2)(ba)(i) OIA applied to staff interview records—implied obligation of confidence—release would be likely to prejudice the future supply of information to auditors—it is in the public interest for staff members to cooperate with audits—s 9(2)(
  • Request for auditor’s working papers

    Case notes
    Disclosure of auditor’s scoping discussions and working papers would make auditors more circumspect in what they record, and when and how they record it—good reason to withhold under s 9(2)(g)(i)
  • Report on complaints arising from aerial spraying

    Systemic investigations
    In June 2003 I received complaints from Ms Jane Schaverien, then of Auckland but now of Wellington, to investigate under the Ombudsmen Act 1975 the question whether the information given to Ministers by the Ministry of Agriculture and Forestry was inadequate regarding the possible dangers associated with the widespread concentrated use of Foray 48B in West Auckland, and in relation to the Ministry of Health, whether the Ministry had failed to pursue its responsibilities under the Health Act, 1956, or had abdicated those responsibilities in favour of the Ministry of Agriculture and Forestry. In September 2003 I received a complaint from a Hamilton resident, Ms Michelle Rhodes, in generally similar terms regarding the Ministry of Agriculture and Forestry. These complaints arose from the aerial spraying operations carried out on behalf of the Ministry of Agriculture and Forestry in West Auckland to eliminate the Painted Apple Moth, and in parts of Hamilton to eliminate the Asian Gypsy Moth. In relation to West Auckland these operations began on a comparatively small-scale in January 2002, they were continued on a much larger scale through to May 2003, and were finally completed in May 2004.
  • Report on issues involving the criminal justice sector

    Systemic investigations
    The following is my report consequent on a reference directed to me by the Prime Minister to investigate the administration of the criminal justice system. The Terms of Reference directed to me are attached as Appendix A. By agreement the reporting date was extended to 1 December 2007. I note that my report is to be tabled in Parliament. My investigation has been conducted in accordance with the provisions in the Ombudsmen Act 1975.
  • Request for draft report on Department of Labour internal controls prepared by KPMG

    Case notes
    Document labelled ‘draft’ really a final—author was a consultant who would not be deterred from expressing free and frank opinions in future—s 9(2)(g)(i) does not apply
  • Charge for supply of information about Maori interests in the management of petroleum

    Case notes
    Charge avoided by allowing inspection subject to conditions
  • Request for transcripts of Police communications in relation to emergency calls

    Case notes
    No blanket protection for operational discussions between Police officers—need for withholding had to be assessed with regard to the content of the actual communications at issue—opinions expressed were ‘free and frank’ but were not ‘necessary’ for effective conduct of public affairs—details about the communications already publicly available—s 9(2)(g)(i) did not apply and even if it did it was outweighed by strong public interest in release
  • Request for draft responses to OIA requests

    Case notes
    Releasing draft OIA responses would be likely to inhibit the future free and frank expression of opinions—s 9(2)(g)(i) applies
  • Corrections unreasonable not to pay for inmate’s glasses for re-integration programme

    Case notes
    Long serving prison inmate required glasses to participate in reintegration programme and work in prison tailor shop—Department of Corrections refused to pay for glasses unless inmate would refund them through his prison earnings—inmate later found out Department had paid for another inmate’s glasses in full—Ombudsman sustained complaint that inmate was not treated fairly—refund to inmate of money paid recommended.
  • Department of Corrections accepts obligation to consider inmates’ circumstances when deciding work and educational paroles

    Case notes
    Refusal of work and educational paroles before inmate appeared before National Parole Board—inflexible policy inconsistent with concept of individual case management—review resulted in detailed case management plan for inmate