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72 Resources Show all

  • Request for information about employment investigations involving social workers

    Case notes
    Section 9(2)(ba)(ii) OIA applied—implied obligation of confidence in employment context—release would be likely to damage the public interest in maintaining good working relationships between the Department and its staff—public interest in accountabilit

  • Immigration New Zealand unreasonably fails to accept Court Order as evidence in work permit application

    Case notes
    Immigration New Zealand (INZ), declined an application for a work permit made under its victims of domestic violence policy—Ombudsman concluded INZ incorrect to ignore the evidence provided of domestic violence—INZ agreed to amend policy to include final protection orders as evidence of domestic violence

  • Request for blood test results of 52 past or present residents of Paritutu

    Case notes
    Section 9(2)(a) OIA did not apply—results could not be linked with identifiable individuals—information released

  • Information released to others before requester

    Case notes
    Release of information to others before the requester constituted undue delay

  • Request for reasons about non-appointment

    Case notes
    Inadequate statement of reasons – more detail and specificity necessary to meet the requirements of s 23

  • Annual Report 2005/2006

    Annual reports
    During the year under review the Ombudsmen have placed a particular focus on how we might better relate to a wider and more diverse range of New Zealanders.

  • Request for information relating to residential care contract

    Case notes
    Negotiation of age-related residential care contracts not a commercial activity—s 9(2)(i) does not apply

  • Investigation of the Department of Corrections in relation to the transport of prisoners

    Systemic investigations
    Under the Ombudsmen Act 1975, it is a function of the Ombudsmen to investigate complaints relating to matters of administration affecting persons in their personal capacity against various bodies, including the Department of Corrections (the Department). Pursuant to this Act, the Ombudsmen have power to investigate complaints by prisoners about all aspects of their detention by the Department. On 25 August 2006, prisoner Liam Ashley died as a result of injuries sustained while being transported in a van with other prisoners. Liam was aged 17, and had been the subject of violence by a 25 year old prisoner who was subsequently convicted of Liam’s murder. The Corrections Act 2004 aims to ensure that “custodial sentences and related orders … are administered in a safe, secure, humane, and effective manner”. It is a fundamental responsibility of the Department to achieve this.

  • Request for confirmation of debtor’s removal from New Zealand for purposes of insurance claim

    Case notes
    Privacy interest outweighed by public interest in enabling pursuit of legal rights and remedies

  • Request for advice and ‘think piece’ on reprioritisation or savings in Vote Education

    Case notes
    Disclosure of internal discussion documents and advice to Ministers would prejudice ongoing decision making process—disclosure of internal ‘think piece’ would inhibit future expression of free and frank opinions by officials—ss 9(2)(f)(iv) and 9(2)(g)(i) provide good reason to withhold

  • Ministry of Social Development should make ex-gratia payment for accidental disclosure of an informant’s identity

    Case notes
    Whether Child Youth and Family (CYF), a service of the Ministry of Social Development (MSD) which received information from an informant about alleged offending by another individual, was reasonable to accidentally disclose the identity of this informant to the alleged offender – Ombudsman found CYF’s procedures for protecting the identity of informants had not been followed in this case

  • Request for draft briefings to the incoming government

    Case notes
    Disclosure of draft briefings to the incoming government would make officials reluctant to be so free and frank in expressing their initial and untested views and cause them to prefer less efficient and transparent verbal exchanges—section 9(2)(g)(i) applies

  • Ministry of Culture and Heritage’s decision regarding artefact was reasonable

    Case notes
    Ministry of Culture and Heritage—custody of bone artefact

  • Department of Conservation unreasonable to cease administrative practice without notice

    Case notes
    Department of Conservation to discontinue without notice a practice which people had come to reasonably rely on—Ombudsman concludes it was unreasonable to cease this administrative practice without notice

  • Overseas Investment Office approach to request for information in accordance with OIA guidelines

    Case notes
    Complaint concerning Overseas Investment Office allegedly acting unlawfully in deciding to release a copy of a letter authored by complainant, in response to an OIA request—Ombudsman disagrees and considers complainant cannot ‘veto’ the release of the letter

  • Ombudsmen’s statements made during inquiry inadmissible in evidence in any Court or other proceedings

    Case notes
    Requirement for Ombudsman’s investigation to be conducted in private—while another party may release details of the investigation, an Ombudsman cannot as this may prejudice the Ombudsman’s investigation and breach the Privacy Act

  • 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 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 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 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 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 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 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 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 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