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Ngā rauemi me ngā tānga

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13 Resources Show all

  • Confidentiality: A guide to section 9(2)(ba) of the OIA and section 7(2)(c) of the LGOIMA

    Official information
    This is a guide to the confidentiality withholding ground found in section 9(2)(ba) of the OIA and section 7(2)(c) of the LGOIMA.

  • Request for email between journalist and source

    Case notes
    Section 9(2)(a) OIA did not apply—one party consented to release—both parties acting in their professional capacities—information already in the public domain—s 9(2)(ba)(ii) did not apply—no blanket confidentiality for all communications with journalist

  • Decision to implement locked cell policy

    Case notes
    Complaint about the negative effects of implementing a locked cell policy in the Kaaka North and South pods at Northland Region Corrections Facility – Chief Ombudsman found that the implementation was unreasonable – the significant consequences (lack of

  • Decision to release tender information in response to Official Information Act request

    Case notes
    Complaint about a decision to release information under the Official Information Act—Ministry consulted adequately with affected party—Ministry took into account affected party’s submissions, all relevant considerations, principle of availability, legis

  • Request for record of ‘without prejudice’ meeting

    Case notes
    Section 7(2)(g) LGOIMA did not apply—‘without prejudice’ privilege is not an aspect of legal professional privilege—s 7(2)(c)(ii) applied—obligation of confidence attaches to information subject to without prejudice privilege—release would make people r

  • Failure to appropriately apply Protected Disclosures Act

    Case notes
    The complainant made protected disclosures about health and safety issues in her workplace – she left the job after the employer found her disclosures to be serious misconduct - employer reported it to professional body - body found she did not meet pro

  • Request for information about death in custody

    Case notes
    Request for all correspondence about death in custody—unreasonable to rely on sections 9(2)(a) and 9(2)(ba)(i) without compiling and reviewing the information—subsequent reliance on section 18(f) (substantial collation or research) also unjustified—

  • Department of Corrections reasonable to seek removal of prisoner from study course in some circumstances

    Case notes
    Whether the Department of Corrections was reasonable to request the tertiary institution to remove a prisoner from a course at a polytechnic—Ombudsman found Department’s decision to have been reasonable in part

  • Request for breathalyser manual

    Case notes
    Requester sought breathalyser manual to aid his defence in court—manual provided to ESR in confidence for purpose of servicing and maintenance—manufacturer would withdraw manuals if released—ESR would no longer be able to maintain breathalyser, which would have a detrimental effect on New Zealand road safety—s 9(2)(ba)(ii) applied—manual only peripherally relevant to requester’s prosecution so no overriding public interest in release

  • Request for draft state highway route options

    Case notes
    Request for draft state highway route options—public consultation to take place once options finalised—need for undisturbed consideration before consultation

  • Request for Fire Officer’s response to allegations

    Case notes
    Request for copy of Fire Officer’s written response to certain allegations made against him by requester and others—information subject to an obligation of confidence and likely to damage the public interest if made available

  • 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