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Ngā rauemi me ngā tānga

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11 Resources Show all

  • 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 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 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

  • School Board of Trustees agrees to address significant deficiencies in suspension procedure

    Case notes
    Suspension and expulsion of student where several significant deficiencies were identified in the procedures of the Board’s disciplinary committee led to the Board of Trustees agreeing to review its procedures and apologise to student and family—the Board also amended student’s records to show the suspension decision was invalid—the Board’s willingness to address its deficiencies were notable in this case (Board members were all new to the role)

  • 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

  • School Board of Trustee and Principal failed to follow disciplinary process; contrary to law

    Case notes
    School Board of Trustees fails to follow statutory criteria for suspension of student (failure to provide guidance and counselling)—suspending a student is a serious step requiring careful consideration—the Ombudsman’s investigation of a wide-ranging complaint by a mother about the manner in which a school had dealt with various aspects of her two sons’ behaviour, culminating in the indefinite suspension of one of her sons, highlighted the need for Principals and Boards of Trustees to familiarise themselves thoroughly with the procedural requirements of s 13 of the Education Act 1989

  • 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

  • Department of Conservation resolves impasse concerning ivory-key piano held by New Zealand Customs

    Case notes
    Refusal to release piano imported from United Kingdom—family heirloom from 1920s—need for approval of Department of Conservation under CITES because of ivory content—conflict between New Zealand legislation implementing CITES and European Community Regulations—impasse resolved by acceptance of statutory declaration by family—conflict to be raised with CITES Secretariat