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31 Resources Show all
Report on an unannounced inspection of Whanganui Prison - 4 September 2018
OPCAT reportsThe following report has been prepared in my capacity as a National Preventive Mechanism under the Crimes of Torture Act 1989 (COTA). My function under the COTA is to examine and make any recommendations that I consider appropriate to improve the treatment and conditions of detained persons in a number of places of detention, including prisons. This report examines the treatment and conditions of persons detained in Whanganui Prison.Request for information about ERO review
Case notesSection 9(2)(ba)(i) OIA applied to information obtained from participants in review—express obligation of confidence—release would be likely to prejudice the future supply of information by participants—it is in the public interest for ERO to receive coRequest for draft report prepared by PwC on Auckland Stadium
Case notesReport refused because it was in draft form and commercially sensitive—parts of report withholdable however no basis for blanket withholding—strong public interest in release of report in partReport on an unannounced follow-up inspection of Christchurch Women's Prison - 4 April 2018
OPCAT reportsIn 2007, the Ombudsmen were designated one of the National Preventive Mechanisms (NPMs) under the Crimes of Torture Act (COTA), with responsibility for examining and monitoring the general conditions and treatment of detainees in New Zealand prisons.Request for draft guidelines on religious instruction and observance in schools
Case notesOfficials still in the process of drafting—premature disclosure in advance of the planned public consultation process was not in the overall public interestReport on an unannounced inspection of Arohata Upper Prison - 21 March 2018
OPCAT reportsThe Upper Prison was facing considerable challenges. Resources, infrastructure and staffing were under pressure, which was compounded by the geographical separation from the administrative centre at Tawa. Day-to-day operating systems and arrangements for dealing with women were not fully embedded. Reception and induction processes were poor, and information for foreign prisoners was not available. Significant delays in access to personal property were a source of frustration for many women, reflected in the growing number of complaints and misconducts.Administrative error resulting in lost opportunity for ACC claim
Case notesA patient who was unaware he had asbestosis underwent a CT scan while being treated at a DHB Hospital. On the scan’s accompanying notes a radiologist noted previous asbestos exposure. This CT scan with accompanying notes was misfiled, for unknown reasons, and the patient’s diagnosis of asbestosis was not confirmed until autopsy.Ministry of Health unreasonably disallowed visiting Australian resident access to publicly funded health services
Case notesWhether the Ministry of Health was unreasonable to determine that medical treatment obtained by a visitor to New Zealand was not ‘immediately necessary’ and therefore not covered by reciprocal health agreement with Australia – Ombudsman considered the Ministry of Health erred – complaint sustainedRequest for draft reports prepared by EY on Information Services
Case notesDraft reports were in fact final reports—some information publicly available—negotiations had been concluded—neither s 7(2)(c)(ii) nor s 7(2)(i) apply—significant public interest in release to promote transparency of Council’s decision making processes and accountability for expenditure of ratepayer moneyRequest for statistics on allegations of assault by Corrections staff
Case notesRequirements of Operations Manual meant source information to answer request should be held—manual compilation is not creation—s 18(g) does not apply—unreasonable to rely on s 18(f) when the fundamental difficulty in providing the information was down to the Department’s own administrative lapsesDepartment of Corrections staff to follow legislative requirements when segregating inmate
Case notesDepartment of Corrections held prisoner in Management Unit without following required procedure—segregation legislation and regulations are clear and prescriptiveImmigration New Zealand’s decision to issue Deportation Liability Notice unreasonable in circumstances
Case notesImmigration New Zealand (INZ)’s decision to issue a Deportation Liability Notice (DLN) was unreasonable—compliance officer inferred situation that complainant was then not given an opportunity to explain—Ombudsman sustained complaint—INZ restored immigration status to complainant with open conditionsRequest for Skypath business case and procurement plan
Case notesReleasing business case and procurement plan would unreasonably prejudice the commercial position of the private partner in a public private partnership—withholding strengths and weaknesses of negotiating position necessary to enable Council to carry on negotiations without prejudice or disadvantage—ss 7(2)(b)(ii), 7(2)(c)(i), 7(2)(i) applyRequest for draft internal review of International Visitor Survey
Case notesInternal review still in draft form—redacted comments comprised preliminary views of individual within agency—s 9(2)(g)(i) applied—no overriding public interest in disclosureRequest for staff named in emails about genetically modified corn
Case notesSection 6(d) OIA did not apply—no real and objective risk of danger to safety—s 9(2)(g)(ii) OIA did not apply—many of the names were already publicly available in connection with this issue and no harm had ensued—section 9(2)(g)(i) OIA did not apply—infRequest for public submissions on draft standard
Case notesMembers of the public with a vested interest in developing standards would not be deterred from expressing their opinions in futureRequest for report on DHB governance issues
Case notesDisclosure of report at time of request would have inhibited expression of free and frank opinions by officials—but passage of time and change in circumstances had diminished the likelihood of such prejudice—senior public servants would not be inhibited from expressing free and frank opinions in futureRequest for information about review of schools’ operational funding
Case notesInformation not of an advisory nature—information tendered by an external advisory group, not Ministers or officials—disclosure would not prejudice ability of Ministers to consider advice eventually tendered by officials—s 9(2)(f)(iv) did not applyImmigration New Zealand’s advice to Associate Minister of Immigration unreasonable
Case notesImmigration New Zealand (INZ)—misleading and inadequate advice provided to Associate Minister of ImmigrationImmigration New Zealand officials’ poor record keeping resulted in unreasonable intervention in appeal process
Case notesImmigration New Zealand (INZ)—incorrect advice given to complainant based on misunderstanding of complainant’s situation—misunderstanding caused by lack of proper record keeping by INZ—failure to refer complainant to her legal advisor before she made a significant change to her immigration situation—removal order cancelled, person returned to NZ with ongoing permitsImmigration New Zealand unreasonable to stamp decline in passport
Case notesImmigration New Zealand unreasonable to stamp passport to show application was declined when no legal authority for this practiceDepartment of Internal Affairs accepts process cancelling citizenship managed unreasonably
Case notesComplaint about decision of Department of Internal Affairs (DIA) to de-register complainant’s NZ citizenship by descent - complainant adopted in India by uncle who was NZ citizen - adoption considered to be a ‘recognised overseas adoption’ and complainant was registered as a citizen by descent in October 2002Ministry of Agriculture’s aerial spray programme had unreasonable impact on population
Case notesMinistry of Agriculture and Fisheries—Ministry of Health—actions in relation to the aerial spraying of Foray 48B (to eliminate the Painted Apple Moth) in West Auckland and Hamilton—inadequate advice to ministers about impact of spray operationsCanterbury District Health Board received inadequate advice about historic place
Case notesDistrict Health Board’s decision to sell land around disused hospital in Hanmer Springs—requirements for consultation discussed—requirement for keeping open mind referred to—an inadequate summary of submissions provided to Board—Department of Conservation asked to reassess siteRequest for details of risk management processes
Case notesRequest 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 PolicyRequest for information about governmental lending programme
Case notesRequest for information about Low Deposit Rural Lending Programme—request refused—factual information released—some information withheld to protect orderly process of government and commercial interestsRequest for report on conservation values of West Coast forests
Case notesRequest 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 issuesRequest for advice on bulk funding of schools
Case notesRequest 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 optionsRequest for information relating to industrial relations section of coalition agreement
Case notesRequest 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 conventionMinistry of Health’s guidelines on interpretation of Mental Health (Compulsory Assessment and Treatment) Act 1992 need clarification
Case notesMinistry of Health guidelines on interpretation of Mental Health (Compulsory Assessment and Treatment) Act 1992, s 38(1)—guidelines advised broad interpretation—relevant case law suggested narrow construction—guidelines amended—Innes v Wong 3 NZLR [1996] 238Immigration Service reviews returning residents visa policy following complaint
Case notesRefusal of application for returning resident’s visa—failure of New Zealand Immigration Service to advise applicant of discretion to make exception to policy—applicant incurred additional costs in changing travel plans—NZIS accepted responsibility for omission and reimbursed additional costs—policy on returning resident’s visa reviewed and amended