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  • Request for communications between Minister of SOEs and other parties in respect of policy announcement about TVNZ

    Case notes
    Request for communications between Minister of SOEs and other parties in respect of policy announcement about TVNZ—information at issue comprised oral communications with Cabinet colleagues preceding policy announcement—withholding necessary to protect constitutional convention protecting collective and individual ministerial responsibility
  • Request for policy on settling disputes

    Case notes
    Request for policy on settling disputes—information withheld on basis of legal professional privilege—consideration of s 22 and relationship with s 9(2)(h)
  • Request for Defence Force National Real Estate Review

    Case notes
    Request for Defence Force National Real Estate Review—information withheld on basis of need to protect confidentiality of advice—report prepared by external consultants and submitted to Minister—information not advice tendered by officials—recommendation that report be released—report released with contextual statement
  • Request for advice given by Queen’s Counsel

    Case notes
    Request for advice given by Queen’s Counsel—whether information subject to legal professional privilege—purpose for which information was brought into existence—whether other considerations warranting disclosure in the public interest
  • 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
  • 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of goods—whether relevant documentation provided at the time of importation—whether s 140 of the Customs Act 1966 (repealed) conferred authority on Department to take deposit—investigation discontinued following discovery that company did not exist as legal entity at the time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
  • 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
  • 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 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 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 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 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 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
  • 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