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19 Resources Show all

  • Request for information about appointment of public service chief executive

    Case notes
    Section 9(2)(a) applied to names of unsuccessful candidates—no public interest override—section 9(2)(a) and 9(2)(ba)(ii) did not apply to the names of external panellists—section 9(2)(a) did not apply to officials’ names, Cabinet distribution and attend

  • Request for independent test results of product

    Case notes
    Section 9(2)(ba)(i) OIA applied—implied obligation of confidence—information could have been compelled under an enactment—release would be likely to prejudice timely supply of information of the quality and standard necessary for the Commerce Commission

  • Request for information about exploration permits awarded to Anadarko Petroleum

    Case notes
    Application and evaluation subject to obligation of confidence—release would make bidders reluctant to share full information in future, which would undermine MBIE’s ability to carry out statutory functions—release would also reduce the appeal of investing in New Zealand and MBIE’s ability to administer the Crown Minerals Act, which would otherwise damage the public interest—sections 9(2)(ba)(i) and (ii) apply—revealing information about particular prospects or reserves would disadvantage third party vis-à-vis their competitors—revealing information about projected costs would disadvantage third party in its negotiations with service companies—section 9(2)(b)(ii) applies—public interest met by available information

  • Adequacy of ex gratia payment to remedy mistake by Customs

    Case notes
    NZ Customs officer rejected passenger on flight because water damage on passport—Ombudsman found officers failed to process the passport adequately and caused considerable cost to passenger because of this failure—complainant upheld and complainant received full payment to cover financial losses

  • Request for settlement amount reached following unsuccessful prosecution

    Case notes
    Section 7(2)(c)(ii) LGOIMA applied—settlement agreement contained express obligation of confidence—release would be likely to damage the public interest in encouraging parties to settle their disputes without resorting to litigation—public interest in a

  • Request for draft investigation report into spending by Mayor Len Brown

    Case notes
    Section 7(2)(c)(i) LGOIMA applied—draft investigation report subject to an obligation of confidence owed to the Mayor, who was the subject of / participant in the investigation—release would prejudice the ongoing supply of information from subjects or p

  • Request for draft investigation report into GRSA outbreak at Wellington Hospital’s neonatal unit

    Case notes
    Request for investigation report regarding outbreak of GRSA at Wellington Hospital’s Neonatal Intensive Care Unit—report withheld as not ‘signed-off’—TOR specified confidential two-stage investigation process—disclosure risked compromising this process and would diminish staff confidence that investigations would follow agreed protocols—disclosure would be likely to damage the public interest—final investigation report still not complete nearly one year later—the longer a review process goes on without disclosure of final investigation report the greater the public interest in disclosure of at least an interim statement—in this case s 9(2)(ba)(ii) provided good reason to withhold the draft report.

  • Department of Internal Affairs provides reasonable service and advice to traveller on temporary passport

    Case notes
    Whether the Department of Internal Affairs (DIA) reasonably handled revalidation of a passport for New Zealand citizen travelling on temporary passport—Ombudsman concluded DIA had made every effort to inform the complainant of the steps needed to have his passport validated

  • Request for information about employment investigation involving officer’s behaviour at a Police event

    Case notes
    Sections 9(2)(a) and 9(2)(ba)(i) OIA applied to information about and supplied by witnesses—implied obligation of confidence—release would be likely to prejudice the future supply of information from witnesses to alleged staff misconduct—it is in the pu

  • Request for information about an employment investigation (demotion)

    Case notes
    Privacy and confidentiality grounds apply—need for accountability when things go wrong— nature and seriousness of the wrongdoing—seniority of the individual involved—release of summary information to satisfy public interest

  • Request for engineering reports regarding earthquake-prone buildings

    Case notes
    Section 7(2)(c)(i) applied—public interest in transparency for health and safety required the disclosure of four reports containing adverse findings

  • Request for interviews with potential child abuse victims

    Case notes
    Section 9(2)(ba)(i) OIA applied—high level of confidentiality attaches to interviews with potential child abuse victims—release would deter potential child abuse victims from participating in interviews—it is in the public interest for child protection

  • Request for information about senior employee’s departure and personal expenses

    Case notes
    Section 9(2)(a) OIA applied—privacy and confidentiality in employment context—s 9(2)(ba)(ii) OIA applied—settlement agreement contained express obligation of confidence—release would be likely to damage the public interest by making it more difficult to

  • Request for information about Police investigation into complaint against Minister

    Case notes
    Section 6(c) OIA did not apply—no prejudice to the maintenance of the law in circumstances where the investigation had concluded and no charges had been laid—s 9(2)(a) applied—high privacy interest given the nature of the allegations and the fact that n

  • Request for information about investigation of ECan’s performance

    Case notes
    Section 9(2)(ba)(i) OIA did not apply to interview notes in their ‘totality’—however, it applied to names and identifying details—express obligation of confidence—release would be likely to prejudice the future supply of similar information—it is in the

  • Request for information about Half Moon Bay Marina arbitration

    Case notes
    Section 7(2)(c)(ii) LGOIMA applied—obligation of confidence under Arbitration Act 1996—release would be likely to damage the public interest in maintaining the integrity of the arbitral process, and reduce the effectiveness of arbitration as a means for

  • Request for all information about an audit

    Case notes
    Section 9(2)(ba)(i) OIA applied to staff interview records—implied obligation of confidence—release would be likely to prejudice the future supply of information to auditors—it is in the public interest for staff members to cooperate with audits—s 9(2)(

  • 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