Resources and publications

Ngā rauemi me ngā tānga

Search guidescase notesopinionsreports and other information. Resources and publications can also be searched by date and other options. 

Use the search bar to make your search. Then use the filters to narrow down the results by resource type or topic. 

  • Request for information about earthquake-prone building survey

    Case notes
    Request for information about an earthquake-prone building survey—survey findings challenged—information withheld to avoid prejudice to the commercial interests of the owners of those buildings whose status was unresolved pending outcome of challenge
  • Request for details of risk management processes

    Case notes
    Request for details of risk management processes—relevant documents provided apart from the ‘risk register’—register consisted of free and frank expressions of opinion—release might undermine risk management strategy—public interest met by release of Risk Management Policy
  • Request for ocean manifests filed with Customs

    Case notes
    Request by solicitors on behalf of a shipping company for ocean manifests filed with the New Zealand Customs Service for vessels berthing at a container terminal on a certain day—information withheld to protect commercial interests—no countervailing public interest
  • Request for advice to Solicitor-General by crown lawyer

    Case notes
    Request for advice to Solicitor-General by in-house Counsel of Crown Law Office—reasons for refusal of consent to prosecution—information covered by legal professional privilege—weight of public interest in Solicitor General’s reasons—distinction between factors taken into account and legal advice—protection of legal professional privilege not outweighed
  • Request for full internal report of health care

    Case notes
    Requests for full internal report by a Crown Health Enterprise following public tragedy—contents included personal health information conveyed in confidence, interviews with CHE staff and other individuals, peer review, conclusions and recommendations—confidentiality of personal health information—‘doctor/patient’ relationship—protection of free and frank opinions—some information released, some withheld—competing public interest considerations—accountability for public health care
  • Request for a letter of resignation of senior manager

    Case notes
    Request for letter of resignation of senior manager—information withheld to protect privacy—public interest considerations
  • Request for information framed in terms of section 23

    Case notes
    Request framed in terms of s 23—Crown Law sought details of requester’s personal interest in information at issue—requester objected on grounds of his right to seek information—Crown Law had not acted improperly in seeking further information from the requester—if an organisation fails to recognise that a request falls within the scope of s 23 and by error processes it pursuant to the more general provisions in Part 2 of the Act, a requester may be deprived of information to which he or she is entitled—no formal investigation—requester invited to advise Crown Law whether he had any personal interest in the decision in question
  • Request for information relating to levies charged for documents

    Case notes
    Charge levied by Ministry of Fisheries—initial estimate of likely charges given—original request then ‘refined’—final charges justified—subsequent request for particular document not a new request—Ministry may require that whole or part of any charge be paid in advance
  • Request for information about governmental lending programme

    Case notes
    Request for information about Low Deposit Rural Lending Programme—request refused—factual information released—some information withheld to protect orderly process of government and commercial interests
  • Request by non-custodial parent for child’s prize-giving result

    Case notes
    Request by non-custodial parent for child’s prize-giving result—child requested results be withheld because of use made by parent of other information—meaning of ‘endanger the safety’ of a person—discussion of ‘necessary’ test—no grounds to withhold
  • Request for detailed analyses of raw census data

    Case notes
    Request for detailed analyses of raw census data—request refused on ground that specific analyses requested were not ‘held’ by agency—distinction between ‘holding’ information and being able to ‘create’ information
  • Request for information held by Radio New Zealand relating to political coverage in lead up to General Election

    Case notes
    Request declined on grounds of commercial prejudice—commercial prejudice not made out—discussions with requester led to satisfactory solution—requester allowed to inspect information
  • Request for a staff member’s salary from educational institution

    Case notes
    Request to University for information as to whether staff member was in receipt of a salary and if so the nature of her duties—information withheld to protect privacy—public interest considerations
  • Request for information in electronic form

    Case notes
    Request refused on grounds that requester making a second request for information already made available in a different form—where information is held in electronic form, a requester is entitled to request that the information be made available in that manner
  • Request for draft business plan

    Case notes
    Request to Minister for State Owned Enterprises for Timberlands West Coast Ltd draft Business Plan for 1997/98—information withheld on commercial grounds—some information released—detailed financial, business strategy, economic and marketing information withheld—State Owned Enterprises Act 1986
  • Request for report on conservation values of West Coast forests

    Case notes
    Request for report on conservation values of West Coast forests managed by Timberlands West Coast Ltd—request refused—factual information released—balance struck between public interest in withholding advice to Minister and countervailing public interest in public being adequately informed of issues
  • Request for deceased birth mother’s medical records

    Case notes
    Request by adult adopted woman for copy of late birth mother’s medical records—information withheld to protect privacy—requester in contact with birth mother prior to her death—birth mother left no will, did not name executor of her estate—no other surviving relatives—information relevant to requester’s own health—conditional release of information—Health Information Privacy Code
  • Request for documents relating to a party’s tender for land offered by Council

    Case notes
    Request for documents relating to tender submitted by another party (X) for land being offered for sale by Council—negotiations subject of legal proceedings—name suppression sought by X—Council refused to confirm or deny existence of information—information normally publicly available—information provided to requester subject to minor deletions to protect privacy
  • Request for information about appointments to Fire Service Commission

    Case notes
    Request for information about appointments to the Fire Service Commission—two letters withheld—contents raised privacy and confidentiality issues—good reason to withhold
  • Request by son for access to mother’s child welfare file

    Case notes
    Request by adult son for access to natural mother’s child welfare file—son placed for adoption—natural mother now deceased—information withheld to protect privacy—relevance of requester’s relationship to subject of information considered in determining strength of privacy interest—information about mother made available in summary form
  • Request for file on alleged informant

    Case notes
    Request for file on alleged informant—Minister neither confirmed nor denied existence of information—any confirmation or denial that a person is or has been an informant for a law enforcement agency is likely to prejudice the interest protected by section 6(c)—appropriate for the Minister to neither confirm nor deny whether the file was in existence
  • Request for documents relating to footwear manufacturing operation at Prison

    Case notes
    Footwear manufacturing operation at Wanganui Prison was a commercial activity—s 9(2)(i) applied
  • Request for advice on bulk funding of schools

    Case notes
    Request to Minister of Education for advice on bulk funding of schools—information withheld on grounds of confidentiality of advice, free and frank opinions, and prejudice to negotiations—release of information likely to create uncertainty and affect adversely subsequent public debate on options
  • Request for counselling guidelines published by the Abortion Supervisory Committee

    Case notes
    Request for counselling guidelines published by the Abortion Supervisory Committee—information withheld on grounds it would soon be publicly available—whether draft documents are ‘official information’—interpretation of ‘soon be publicly available’
  • Request for document from Health Funding Authority

    Case notes
    Request for specific information—information at issue did not exist
  • Request for planning package for health and disability services

    Case notes
    Request for CHE Planning Package for health and disability services in Otago—request refused by Southern Regional Health because of prejudice to negotiations—identification and assessment of countervailing public interest considerations favouring disclosure
  • Request for information relating to industrial relations section of coalition agreement

    Case notes
    Request for information relating to the implementation of clauses in the industrial relations section of the coalition agreement—information withheld to protect confidentiality of advice and free and frank opinion—account taken of changed political environment with the advent of MMP and formation of coalition—release of early papers prior to consultation with coalition partner could undermine constitutional convention
  • Request for legal advice

    Case notes
    Request for legal advice—information covered by legal professional privilege—public interest in Member of Parliament having information to discharge responsibilities to electors—balance between availability and protection of official information—protection of legal professional privilege not outweighed
  • Request for information relating to divestment of Crown shares in Electricity Corporation

    Case notes
    Request for information relating to divestment by Crown of shares in Electricity Corporation (ECNZ)—request refused—ECNZ removed from Schedule 1 to Official Information Act during course of investigation—investigation discontinued
  • Request for all policy recommendations made to Minister on Land Transport Pricing Study

    Case notes
    Request for all policy recommendations made to a Minister on the Land Transport Pricing Study —some recommendations not received by Minister at date request received, but generated and held by the Ministry prior to response to request being given—should such information be included in initial request—should requester be advised that information has subsequently come into existence
  • Request for information about adoption

    Case notes
    Request for information about requester’s adoption—requester unaware she had been adopted until recently—birth mother now deceased—information withheld to protect privacy—relevance of family relationship and age of information considered in determining strength of privacy interest—file made available to requester in its entirety
  • Local Authority has no right to demand legal and court fees from non-paying customer

    Case notes
    Local Authority issued legal proceedings to recover unpaid mooring charges along with an account for ‘legal and court costs’—as the case had not been heard by a Court, the complainant claimed this was wrong—Ombudsman upheld the complaint, noting that a Local Authority cannot claim costs and legal fees (this being a matter for the Court to determine) and the Local Authority cannot list these on a person’s account as owing—the Local Authority changed its procedures regarding recovery of court costs