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  • Request for information about Police investigation into complaint against Minister

    Case notes
    Section 6(c) OIA did not apply—no prejudice to the maintenance of the law in circumstances where the investigation had concluded and no charges had been laid—s 9(2)(a) applied—high privacy interest given the nature of the allegations and the fact that n
  • 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
  • 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)(
  • Local Authority unreasonably applied incorrect rates remission policy to sports club

    Case notes
    Local Authority - incorrect application of rates remission policy—sports club application for partial remission declined on wrong basis—Ombudsman sustains complaint
  • 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)
  • Request for health information about person charged with murder

    Case notes
    Request for information about care of patient by mental health services of person charged with murder—information withheld under s 6(c) to avoid prejudice to right to a fair trial
  • Request for names of informants

    Case notes
    Request for names of informants—information withheld under section 6(a)—general approach applied
  • 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
  • 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