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  • Request for list of persons banned from entering New Zealand

    Case notes
    Request for list of persons banned from entering New Zealand—privacy considerations—public interest in disclosure did not outweigh reason to withhold
  • Request for results of disciplinary investigation

    Case notes
    Request for results of disciplinary investigation undertaken by Fire Service Commission and related correspondence—significant privacy interests not outweighed by countervailing public interest, subject to release of an appropriate balanced statement
  • Request for information about potentially contaminated sites

    Case notes
    Request for information about potentially contaminated sites—Regional Council held information not known to District Council—privacy interests requiring protection—Land Information Memoranda—public health interests recognised—information withheld from requester but released to owner/occupier and District Council—complaint settled by agreement
  • Request for a report about the escape of a psychiatric patient from a secure forensic unit

    Case notes
    Request for report prepared by Capital and Coast District Health Board after escape by psychiatric patient from the secure forensic unit—information withheld—clinical information about patient protected—public interest identified in accountability of CCDHB for escape and steps taken to prevent future escapes—short statement released
  • Request for information about action taken by a university after a student was convicted of fraud

    Case notes
    Request by journalist for information about action taken by a university after a student was convicted of fraud in relation to applications for aegrotat passes—s 9(2)(a) applied—public interest satisfied by release of media statement explaining action taken
  • Request for report of misappropriation of funds and fraud by employee

    Case notes
    Request for internal investigation report into allegations of misappropriation of funds and fraud by senior employee of Fire Service Commission—information withheld to protect privacy—legitimate concern about the expenditure of public monies—summary released
  • Council agreed to purchase land containing toxic residue given that purchasers were unaware of site state

    Case notes
    Prior to availability of a LIM, property owners’ development of their land revealed previous use was illegal toxic waste dump—Council knew this prior to purchase but had taken no action to either assess or remedy the problem as a matter of public safety—Ombudsman concluded the Council had a responsibility to assist the complainants—Council then purchased the land with the intention of declaring it an ‘orphan site’ prior to assessment and clean up if necessary.
  • Department of Corrections failed to meet requirements before placing inmate in restrictive regime

    Case notes
    Department of Corrections placement of inmate on restrictive regime designed for the most disruptive inmates unreasonable because criteria for placement not met—placement deemed unreasonable—inmate immediately returned to mainstream
  • Council offers ex gratia payment to complainant following its failure to provide correct information about dispute between neighbours

    Case notes
    Abatement notice issued in respect of non-complying structure—verbal agreement brokered by Council regarding acceptable modifications—modifications undertaken as agreed—other party to agreement disputed terms of agreement and withdrew—Council provided incorrect calculations regarding non-compliance—owner of non-complying structure incurred nugatory expenses—Council agreed to make ex-gratia payment to resolve matter
  • Department of Corrections applies prison visiting rules too rigidly

    Case notes
    Special family visit to inmate denied—decision contrary to Department's national standard—prison agreed to review its local instructions to ensure consistency with spirit and intent of national standard
  • Department of Corrections delays prisoner release when segregation order expired

    Case notes
    Delayed release from ‘precautionary segregation’—complaint upheld—implementation of computerised bring-up system to avoid recurrence of problem—no recommendation necessary
  • Request for details of course attended by prisoner

    Case notes
    Request for details of course attended by prisoner—information withheld on privacy grounds—seriousness of offence did not extinguish right to privacy—studying was essential component of rehabilitation—public interest met by disclosure of tertiary institution and circumstances of attendance
  • Request for still photograph from covert surveillance camera

    Case notes
    Request for still photograph from covert video surveillance camera—person featured in videotape convicted of offence—privacy interest not outweighed by any countervailing public interest favouring disclosure
  • Request for psychiatric records of deceased sister

    Case notes
    Request for psychiatric records of deceased sister—records included notes from medical professionals and family members—privacy established—public interest considerations outweighed need to withhold all information
  • Request for information about staff and salaries in the Prime Minister’s office

    Case notes
    Request for detailed information about the number of persons in the Prime Minister’s office and their salaries—information withheld to protect privacy of individuals—s 9(2)(a) applied to protect some of the information requested but public interest identified in release of worthwhile information about expenditure on personnel in PM’s office—total expenditure released—s 9(1)
  • Request made by employer to WINZ for information about employee

    Case notes
    Request made by employer to WINZ for information about employee—request refused on privacy grounds—information required for Employment Tribunal hearing—no countervailing public interest considerations outweighing need to withhold
  • Request for information relating to the employment investigation of Unit Manager at Prison

    Case notes
    Request for information relating to employment investigation of Unit Manager at Prison—information withheld on privacy and confidentiality grounds—information at issue protected, subject to release of appropriate summaries of this information to satisfy the public interest in accountability
  • Request for details of late husband’s criminal record

    Case notes
    Request by widow for details of late husband’s criminal record—request declined to protect privacy of deceased person—balance between requester’s circumstances and knowledge of late husband’s criminal record and deceased person’s privacy interests—consultation with Privacy Commissioner—information released
  • Request for details of address of incorrect recipient of parcel

    Case notes
    Photographic work sent to wrong address by Creative New Zealand—recipient disposed of parcel—photographer sought information concerning loss—privacy interests of name and address of recipient—public interest in photographer having all relevant information to enable legal rights to be assessed outweighed privacy 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)
  • District Council accepts wider interpretation of ‘household’

    Case notes
    Imposition of two sewer charges—whether complainant’s mother part of the ‘household’— interpretation of Rating Powers Act 1988, s 30
  • Local Authority required to ensure potable water condition meets standards

    Case notes
    Complaint about potable water condition of subdivision consent where supply did not meet requirements under New Zealand Drinking Water Standards 1984 (revised 2005 and 2008)—Ombudsman found local authority failed to interpret data correctly before issuing resource consent on the subdivision—the water quality was substandard and the local authority provided incorrect advice about improving the quality—the local authority was required to compensate the complainants who had to obtain potable water from another source
  • City Council not required to consider legal costs regarding enforcement order

    Case notes
    Claim for reimbursement of legal costs incurred obtaining an Enforcement Order—Court awarded costs—insufficient to cover full costs—co-operation between complainant and City Council prior to proceedings—costs not covered in agreement—claim not upheld
  • Council accepts practical solution to resolve concerns about building consent

    Case notes
    Building consent for garage—garage constructed to wrong plans—Council issues notice to rectify—retrospective consent granted—withdrawal of notice to rectify
  • Community Boards fall under Ombudsmen jurisdiction if decision(s) made other than by Committee as a whole

    Case notes
    Jurisdiction—Community Board—decisions of full Board outside jurisdiction—scope of jurisdiction limited to acts or decisions of committees, subcommittees, officers, employees or members of Board—Ombudsmen Act 1975, s 13(1) and (2)
  • City Council offers partial rebate for charge on excess water usage

    Case notes
    Excess water usage charges—local authority policy on rebates—partial or full rebate—hidden leakage
  • 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)
  • District Council not unreasonable to retain credit balance in rates account

    Case notes
    Early payment of rates—credit balance in rates account— whether local authority has obligation to make refund on request
  • Local Authorities must comply with LGOIMA intent when setting rules

    Case notes
    A Deed of Confidentiality was distributed to Councillors for signature, with the aim to protect information relating to the Council’s business and affairs—Councillor was concerned that signing the document would conflict with the intentions under the Local Government Official Information and Meetings Act 1987 (LGOIMA) and also that Councillors who don’t sign would have restrictions on information they received—Ombudsman ruled that under LGOIMA, a Council may not put rules in place which are inconsistent with the Act and Councils cannot withhold information from Councillors who have not signed that confidentiality agreement
  • 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
  • Council property sale conducted but complainants not advised about status of their objection petition

    Case notes
    Council resolved to sell property of historic significance and occupants petitioned Council to reverse its decision—Council referred petition to committees for consideration and report but before reports completed, concluded the sale of property—the occupants complained of failure of Council to follow due process (failure to report) but failure did not mean complaint could be sustained—however procedural shortcomings acknowledged by Council and apology extended to complainant
  • Local Authority fails to follow legislative procedures when setting fee for dog registration

    Case notes
    Local Authority imposes Dog Control Fees by resolution of Committee—there is a requirement for resolution of territorial authority to take particular matters to be taken into account under the Dog Control Act 1996, s 37 and Local Government Act 1974, s 114Q—Council failed to follow legislative procedures when setting registration fees