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30 Resources Show all

  • Request for CAA investigation report on Minister’s airport security breach

    Case notes
    Section 9(2)(a) OIA applied to information that would identify Minister’s staff—s 9(2)(a) did not apply to non-sensitive information about actions that occurred in a public place, or to the name of the Investigator—s 6(c) did not apply to information su

  • Request for draft terms of reference for an inquiry

    Case notes
    Draft terms of reference largely the same as publicly available final ones—release would not inhibit the future free and frank expression of opinion or provision of advice to the Prime Minister—s 9(2)(g)(i) did not apply

  • Local Authority provided unreasonable advice regarding its investigation process

    Case notes
    Whether the Local Authority (District Council) reasonably provided advice to complainant regarding an investigation it was undertaking into a Code of Conduct complaint—Ombudsman of the view that the Council erred in this respect

  • Request for evaluation and audit reports regarding extended supervision orders

    Case notes
    Evaluation report comprised largely academic material and statistical analysis—9(2)(g)(i) did not apply—audit report had been submitted to senior management but marked as draft—disclosure of majority not likely to prejudice future exchange of free and frank opinions—significant public interest considerations in favour of disclosure—audit report released with deletion of names and detailed findings relating to individual service providers

  • Request for briefing notes relating to state visits

    Case notes
    Inspection on conditions in order to identify the documents required provided means of resolving s 18(f) refusal

  • Request for DHB Commissioner’s draft work plan

    Case notes
    Release of draft work plan would likely result in reluctance by staff to draft and consult on document—components of plan, once confirmed, were to be included in the 2016/17 annual plan—s 9(2)(g)(i) provided good reason to withhold

  • Request for draft financial performance analysis

    Case notes
    Draft financial performance analysis prepared by Alma Consulting—s 9(2)(g)(i) did not apply— strong public interest in release

  • Local Authority not unreasonable to enforce pool fence requirements despite previous decisions

    Case notes
    Local Authority previously allowed existing fence of swimming pool—new inspection revealed old decisions wrong—complainant considered change unfair—Ombudsman concluded Council entitled to insist on regulations

  • Request for draft ‘Alternatives Paper’ prepared by consultants on CBD rail link

    Case notes
    Release would inhibit exchange of drafts and views between staff and consultants, which would undermine the drafting process—s 7(2)(f)(i) applied—public interest met by the release of the final report and the peer reviews by relevant agencies

  • Local Authority’s dog ownership forms deficient and actions relating to processing forms were unreasonable

    Case notes
    Whether Local Authority had reasonable practices regarding dog ownership forms in situation where dog ownership disputed by parties—Chief Ombudsman concluded forms were deficient

  • Request for literature review on youth desistance

    Case notes
    Draft review provided to successful tenderer as starting point for an external research project— information not in the nature of free and frank opinions—disclosure would not undermine interest in s 9(2)(g)(i)—release accompanied by contextual statement

  • Request for minutes of Council workshops

    Case notes
    Request for minutes of Unitary Plan Political Working Party—minutes related to Council ‘workshops’—s 7(2)(f)(i) applied in part—minutes could be disclosed in part without inhibiting people from contributing to workshops in future

  • Request for draft report on NZX compliance with general obligations

    Case notes
    Release would inhibit the free and frank expression of opinions by officials during the drafting process, and the exchange of opinions between the NZX and FMA—it is in the interests of the ‘effective conduct of public affairs’ for the review process to be robust and conducted in a manner that supported the FMA’s main objective of promoting and facilitating the development of fair, efficient and transparent markets—s 9(2)(g)(i) applied

  • Request for handwritten notes of discussions between MFAT Chief Executive and Minister of Foreign Affairs

    Case notes
    Request for handwritten notes of Chief Executive’s discussions with Minister—confidentiality is necessary to protect the ongoing effectiveness and conduct of the relationship—public interest in disclosure not sufficient to outweigh s 9(2)(g)(i) interest

  • Request for staff named in emails about genetically modified corn

    Case notes
    Section 6(d) OIA did not apply—no real and objective risk of danger to safety—s 9(2)(g)(ii) OIA did not apply—many of the names were already publicly available in connection with this issue and no harm had ensued—section 9(2)(g)(i) OIA did not apply—inf

  • Request for public submissions on draft standard

    Case notes
    Members of the public with a vested interest in developing standards would not be deterred from expressing their opinions in future

  • Request for report on DHB governance issues

    Case notes
    Disclosure of report at time of request would have inhibited expression of free and frank opinions by officials—but passage of time and change in circumstances had diminished the likelihood of such prejudice—senior public servants would not be inhibited from expressing free and frank opinions in future

  • Ministry of Agriculture’s aerial spray programme had unreasonable impact on population

    Case notes
    Ministry of Agriculture and Fisheries—Ministry of Health—actions in relation to the aerial spraying of Foray 48B (to eliminate the Painted Apple Moth) in West Auckland and Hamilton—inadequate advice to ministers about impact of spray operations

  • Local Authority unreasonable to review peppercorn rental without prior notice

    Case notes
    Peppercorn rent paid to Council for encroachment licence fee for garage—Council increased amount—inconsistent process—Ombudsman viewed increase unreasonable because of lack of notice

  • Local Authority and property vendors both responsible for checking lease agreement

    Case notes
    Local Authority—unreasonable not to have contacted previous lease holder three months after licence to occupy had expired and before agreeing to lease land to another person—Local Authority agrees to apologise to complainant

  • Local Authority not unreasonable to allow retrospective consents on building already constructed

    Case notes
    Local Authority issued an abatement notice to developers—Ombudsman concludes it was reasonable for Council to allow building to proceed while consent process completed—Council acted in accordance with the Resource Management Act (RMA)

  • Local Authority unreasonably failed to consider planning implications for building addition

    Case notes
    Local Authority unreasonable to require the complainant to obtain a resource consent for completed building work, which had been authorised by the Council three years previously

  • Regional Authority’s tender process inadequate

    Case notes
    Regional Council’s tender processes unreasonable, although the tender was incomplete, the Council officer contacted complainant after close of tenders to clarify his tender—having allowed an incomplete tender to proceed and provided complainant with an opportunity to clarify the tender, it was unreasonable for that clarification not to have been provided to the Tender Committee

  • Department of Internal Affairs not unreasonable to cancel passport

    Case notes
    Department of Internal Affairs—decision to recall and cancel complainant’s NZ passport – position determined by terms of legislation

  • Canterbury District Health Board received inadequate advice about historic place

    Case notes
    District Health Board’s decision to sell land around disused hospital in Hanmer Springs—requirements for consultation discussed—requirement for keeping open mind referred to—an inadequate summary of submissions provided to Board—Department of Conservation asked to reassess site

  • Local Authority rejects Ombudsman’s recommendation to monitor nuisance as required under RMA

    Case notes
    Local Authority failed to respond to complaints from residents about dust and noise nuisance. What it should have done was to consider complaints from residents by undertaking relevant surveys and tests to determine the extent of the problem being complained about (this is a responsibility under ss17 and 35 of the Resource Management Act 1991)—complaint sustained —Ombudsman recommended the Local Authority monitor noise and nuisance effects—recommendation rejected

  • Local Authority issued a Project Information Memorandum (PIM) unlawfully

    Case notes
    Property developer changed basis of development and obtained new Project Information Memorandum (PIM) containing conditions not prescribed in s 31(2) of the Building Act 1991—complainant considered the contents of the PIM unauthorised as the changes had not been agreed to by purchasers of the owner developing the property and action incurring legal expenses—Ombudsman found PIM not issued lawfully but agreed for Authority to amend the PIM to comply with LGOIMA—complainant offered ex gratia payment in recognition of legal costs incurred

  • Local Authority issues non-notified resource consent for vacant site

    Case notes
    Non-notified resource consent application granted for vacant site – neighbours claimed damage resulted from excavations and complained about the height of the building erected—Ombudsman investigated and found no apparent breach of s 94 of the Resource Management Act or District Plan rules and concluded the Local Authority was not unreasonable to issue a non-notified consent in this case—complaint not sustained—question of liability for damage allegedly incurred by complainants was a civil matter to be pursued in the courts

  • 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

  • Local Authorities should avoid unnecessary delay processing resource consents

    Case notes
    Time limits for decisions made in respect of resource consent applications—ss 21 and 115 of the Resource Management Act—processing delays—responsibility of local authorities to avoid unreasonable delays