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Ngā rauemi me ngā tānga

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35 Resources Show all

  • Request for bioequivalence studies and dissolution data

    Case notes
    Not a trade secret but the data is subject to an obligation of confidence—risk of disclosure to competitors would make drug suppliers less likely to enter the New Zealand market—s 9(2)(ba)(ii) applies

  • Request for performance reviews of ACC third-tier managers

    Case notes
    Request for performance review information of two ACC employees holding third-tier management positions—s 9(2)(a) applied—requester believed ACC granted bonuses to employees who exited claimants from ACC scheme—public interest in release of generic information about ACC performance management process

  • Request for public submissions made on a discussion document

    Case notes
    Request for copies of submissions made to Department of Conservation on a discussion document—submissions released with identities of authors deleted under s 9(2)(a)— no reference to possible release in discussion document—authors were a mix of individuals, government officials and organisations—identities of those making submissions on behalf of organisations and government officials released as not made on personal basis—individuals consulted—identities of those who consented to disclosure were released—s 9(2)(a) applied to remaining information—no public interest favouring release

  • Requests for tape and transcript of pilot communications to air traffic control

    Case notes
    Media requests for tape and transcript of pilot communications to Christchurch Air Traffic Control prior to crash—class exemption sought—also withheld to protect obligation of confidence—s 9(2)(ba)—release would not breach Chicago convention or any contracts with air traffic controllers—recommendation that information be released

  • Request for location of sex offenders

    Case notes
    Section 9(2)(a) OIA did not apply to number of sex offenders released into cities because this would not enable individuals to be identified—s 9(2)(a) applied to number of sex offenders released into smaller towns because there was a risk that they coul

  • Request to Board of Trustees for 15 year old daughter’s statements alleging sexual harassment by teacher aide

    Case notes
    Mother’s request to Board of Trustees for 15 year old daughter’s statements alleging sexual harassment by teacher aide—daughter provided statement to school in confidence—refused consent to release—public interest in ensuring students willing to supply similar information to school in future—good reason to withhold under s 9(2)(ba)(i)

  • Charge for provision of information regarding trade negotiations

    Case notes
    Request for information on current GATS round—charge levied—GATS a matter of substantial public interest—information sought for research which would ultimately be made publicly available—release would promote informed public debate—charge found to be unreasonable—recommendation to waive charge accepted

  • Request for details of course attended by prisoner

    Case notes
    Request for details of course attended by prisoner—information withheld on privacy grounds—seriousness of offence did not extinguish right to privacy—studying was essential component of rehabilitation—public interest met by disclosure of tertiary institution and circumstances of attendance

  • Request for still photograph from covert surveillance camera

    Case notes
    Request for still photograph from covert video surveillance camera—person featured in videotape convicted of offence—privacy interest not outweighed by any countervailing public interest favouring disclosure

  • Request for psychiatric records of deceased sister

    Case notes
    Request for psychiatric records of deceased sister—records included notes from medical professionals and family members—privacy established—public interest considerations outweighed need to withhold all information

  • Request for information about staff and salaries in the Prime Minister’s office

    Case notes
    Request for detailed information about the number of persons in the Prime Minister’s office and their salaries—information withheld to protect privacy of individuals—s 9(2)(a) applied to protect some of the information requested but public interest identified in release of worthwhile information about expenditure on personnel in PM’s office—total expenditure released—s 9(1)

  • Request made by employer to WINZ for information about employee

    Case notes
    Request made by employer to WINZ for information about employee—request refused on privacy grounds—information required for Employment Tribunal hearing—no countervailing public interest considerations outweighing need to withhold

  • Request for details of compensation for breach of privacy

    Case notes
    Request for details of compensation for breach of privacy—obligation of confidence—interest in withholding not outweighed by public interest considerations

  • Request for information relating to the employment investigation of Unit Manager at Prison

    Case notes
    Request for information relating to employment investigation of Unit Manager at Prison—information withheld on privacy and confidentiality grounds—information at issue protected, subject to release of appropriate summaries of this information to satisfy the public interest in accountability

  • Request for details of late husband’s criminal record

    Case notes
    Request by widow for details of late husband’s criminal record—request declined to protect privacy of deceased person—balance between requester’s circumstances and knowledge of late husband’s criminal record and deceased person’s privacy interests—consultation with Privacy Commissioner—information released

  • Request for review report prepared for tertiary institution

    Case notes
    Request for review report prepared for tertiary institution—information refused in order to protect privacy, obligation of confidence, and free and frank expression of opinion—consideration of University’s enforcement of an obligation of confidentiality upon itself—reasoned and well informed comment does not constitute free and frank expression of opinion—Act does not provide for class approach to documents—individual privacy not at issue

  • Request for details of address of incorrect recipient of parcel

    Case notes
    Photographic work sent to wrong address by Creative New Zealand—recipient disposed of parcel—photographer sought information concerning loss—privacy interests of name and address of recipient—public interest in photographer having all relevant information to enable legal rights to be assessed outweighed privacy interest

  • Request for report of interviews

    Case notes
    Request for report of interviews—interviews conducted subject to obligation of confidence except to extent information provided might be used for prosecution purposes—report not admissible in evidence—public interest in contents met by details disclosed in public trial

  • Request for Consultative Draft District Plan

    Case notes
    Consultative Draft District Plan refused under s 7(2)(f)(i)—information did not meet requirements of that section—no statutory prohibition in Resource Management Act which prevents information being made available before the date of notification—Resource Management Act 1991, s 35(2)

  • Charge for extracting information from Housing New Zealand’s database

    Case notes
    Estimate of charges to extract specific information from database—reasonableness of charge—absence of appropriately qualified staff—need to contract systems analyst—revised estimate provided—charge not unreasonable

  • Department of Corrections reasonably held inmate in segregation

    Case notes
    Unreasonable placement of inmate on precautionary segregation—written material found in his cell which reflected on the safety of prison staff—placement not deemed unreasonable

  • New Zealand Customs Service questioned over acceptance of deposit pursuant to legislation

    Case notes
    Refusal to pay interest following resolution of dispute over Customs value of goods—whether relevant documentation provided at the time of importation—whether s 140 of the Customs Act 1966 (repealed) conferred authority on Department to take deposit—investigation discontinued following discovery that company did not exist as legal entity at the time complaint was made

  • Department of Corrections should explain reasons for declining application to be excused from PD reporting

    Case notes
    Refusal of application to be excused from reporting for periodic detention—incomplete explanation given at the time—reasons and apology provided—Criminal Justice Act 1985, s 41(3)

  • Department of Corrections required to advise decision on day parole application

    Case notes
    Failure to advise inmate of decision on application for day parole—prison administration expected inmate to ask Case officer for outcome—responsibility for advising the outcome of a request/application normally rests with decision-maker—internal procedures changed to reflect normal practice

  • 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 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 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 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 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 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