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  • 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 affidavits relied on to establish diagnosis of Fetal Alcohol Spectrum Disorder

    Case notes
    Section 9(2)(a) OIA applied—strong privacy interest in information about childhood, family life and health—privacy interest not extinguished by prior disclosure of certain information in court—no public interest override
  • 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
  • Ministry of Social Development’s decision not to review student allowance application

    Case notes
    The Ministry of Social Development refused an application for a student allowance and on review, concluded that the application should not proceed—Chief Ombudsman concluded that the decision to review the application as an administrative review (rather than a statutory review pursuant to section 305 of the Education Act 1989), was unreasonable—Ministry agreed to reconsider the application under the Education Act 1989
  • 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
  • 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 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 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
  • Adequacy of ex gratia payment to remedy mistake by Customs

    Case notes
    NZ Customs officer rejected passenger on flight because water damage on passport—Ombudsman found officers failed to process the passport adequately and caused considerable cost to passenger because of this failure—complainant upheld and complainant received full payment to cover financial losses
  • 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
  • Department of Internal Affairs provides reasonable service and advice to traveller on temporary passport

    Case notes
    Whether the Department of Internal Affairs (DIA) reasonably handled revalidation of a passport for New Zealand citizen travelling on temporary passport—Ombudsman concluded DIA had made every effort to inform the complainant of the steps needed to have his passport validated
  • Request for complete rate records

    Case notes
    Request for city council’s complete rate records—request refused under s7(2)(a)—consideration of s 115(2) of Rating Powers Act and ss 7(1), 7(2), 60(3) of the Privacy Act—information released
  • Request for information about members of boards for which Minister of Maori Affairs responsible

    Case notes
    Request for information about members of boards for which Minister of Maori Affairs responsible—information withheld under s 9(2)(a)—some information already publicly available—a strong privacy interest did not attach to names and terms of appointment of board members of Maori Trust Boards and the Maori Soldiers Trust Central Committee—public interest in release
  • Request for details of severance payment and salary relating to second tier manager

    Case notes
    Request for details of payments made to former employee of Airways Corporation—information refused under s 9(2)(a) and s 9(2)(b)(ii)—release of salary information in a $20,000 band struck the right balance between the established privacy interest and the public interest in disclosure
  • Request by non-custodial parent for children’s school reports which children asked not to provide

    Case notes
    Request by non-custodial parent for children’s school reports—children asked school not to make reports available—reports addressed principally to caregiver—matters to be reported under section 77 of the Education Act—section 9(2)(a) made out—public interest met by separate report prepared on matters under section 77 of the Education Act
  • Request by natural mother for maternity notes and paediatric files of her children who were in interim High Court wardship

    Case notes
    Request by natural mother for maternity notes and paediatric files of her children—children in interim High Court wardship—information previously made available—s 9(2)(a) outweighed by public interest in access to the information for the purposes of custody hearing
  • Request for report by District Inspector into care by mental health services of person convicted of murder

    Case notes
    Request for report by District Inspector into care by mental health services of person convicted of murder—much of the information withheld to protect privacy of individuals—some information already publicly available in course of offender’s trial—public interest in District Inspector’s findings—most information released
  • Request for names of proposed appointees to four Maori Development Commissions

    Case notes
    Request for names of proposed appointees to four Maori Development Commissions—some information refused under s 18(d) as appointments soon to be announced—s 9(2)(a) applied to the remainder of the information which was a preliminary list of nominations
  • Requests for CYPF case reviews

    Case notes
    Requests for case reviews by Children, Young Persons and their Families Service—information withheld under ss 9(2)(a) and 9(2)(g)(i)—private information—social workers should not be discouraged unnecessarily from giving frank accounts of difficult cases where hindsight might identify some error of judgement—some information in case reviews can be withheld—also s 9(1) public interest considerations relating to information about standard of care and remedial action taken in respect of identified deficiencies—consideration of ss 16 and 17—public interest met by publication of comprehensive summary of relevant issues
  • Request for documentation relating to resignation of West Coast Regional Conservator

    Case notes
    Section 9(2)(a) applied to the detailed information requested—public interest considerations under s 9(1) required disclosure of general level of financial settlement and provision for contingent liabilities
  • Request by grandfather for address of grandchildren

    Case notes
    Request by grandfather for address of grandchildren—children in custody of father—address known to requester’s daughters—without more information about the family relationships, disclosure of the address under the OIA would infringe the children’s privacy—good reason to withhold under s 9(2)(a).
  • Tenancy Tribunal’s officer changed Tribunal hearing date without authority

    Case notes
    Tenancy Officer changed a hearing date which amounted to an adjournment—following the Ombudsman’s inquiries, the Ministry of Housing (which managed the Tenancy Tribunal) accepted the tenancy officer failed to follow the law when agreeing to change the date of the hearing after the landlord requested the change—the Ministry sent a memorandum to all staff clarifying the role of Tenancy Services where a party asked for a date change—apology sent to the complainant