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Ngā rauemi me ngā tānga

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8 Resources Show all

  • Request for tender submissions to replace jetty at Philomel Landing

    Case notes
    Release of tenderers’ pricing strategy would give an unfair advantage to their competitors and unreasonably prejudice their commercial position—s 9(2)(b)(ii) OIA applies—release would make tenderers reluctant to provide as much detail about their design specifications in future— s 9(2)(ba)(i) applies—it was in the public interest for NZDF to receive full and detailed submissions as this would otherwise undermine its ability to make an informed decision on the best tenderer to award a contract

  • Immigration New Zealand unreasonable to proceed with deportation when inadequate reasons were given for decision

    Case notes
    Whether INZ gave adequate consideration of interests of deported person and of his New Zealand partner and their New Zealand citizen child before work permit declined and deportation order put in place—also whether partner received adequate information about deportation and if deportee had a reasonable opportunity to consult lawyer—Chief Ombudsman found INZ failed to consider the deportee’s section 61 requests following the issue of a deportation order, under s177 of the Immigration Act 2009 and proceeded with the deportation on the basis of an assessment by a Compliance Officer who did not record reasons for his decision, nor the matters required by s177 of the Act

  • Request for successful tenderer’s proposal

    Case notes
    Release would reveal successful tenderer’s marketing strategy which would unreasonably prejudice its commercial position— s 9(2)(b)(ii) applies—public interest met by disclosure of tender scores and minutes of evaluation panel

  • 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 copy of reviewers’ training manual

    Case notes
    Information was not a trade secret—although FairWay was engaged in commercial activities, it was not clear how disclosure would prejudice or disadvantage those activities—the manual was largely in the public domain, and there was little prospect of competition—ss 9(2)(b)(i), 9(2)(i) do not apply

  • Immigration Service allows refugee status claimants to record refugee claimant interviews

    Case notes
    Refugee status claim—refusal to permit tape-recording of interview—practice based on need to preserve confidentiality and potential for recording to intimidate, unsettle or distract claimant—concerns not applicable where claimant requests recording—recording permitted

  • New Zealand Immigration Service must provide opportunity to comment on potentially prejudicial information

    Case notes
    Application for extension to visitor’s permit—application declined on basis of an assumption about the applicant—assumption prejudicial to applicant—applicant entitled to opportunity to comment on prejudicial information before decision—NZIS agreed to review application

  • 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