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Ngā rauemi me ngā tānga

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42 Resources Show all

  • 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 policy advice behind merger of Archives and National Library

    Case notes
    Release of formal advice to Ministers about abandoned options after decisions had been made would not inhibit the free and frank expression of opinions by officials—s 9(2)(g)(i) does not apply

  • Investigation of the Department of Corrections in relation to an incident of self-harm at Christchurch Women’s Prison and the issuing of strip gowns to prisoners at risk of self harm

    Systemic investigations
    In July 2009, in accordance with the Protocol made pursuant to section 160 of the Corrections Act, I received notification from the Department of Corrections of an incident of prisoner self-harm that had occurred in the At-Risk Unit (ARU) of Christchurch Women’s Prison (CHWO).

  • Investigation of the Department of Corrections in relation to an incident of self-harm at New Plymouth Prison and the Department’s disposable safety razor policy

    Systemic investigations
    On 11 May 2009, the Department of Corrections instituted a new national policy on razor blades for prisoners. The purpose of the policy was to reduce the number of incidents involving razor blades. It applied to those prisoners accommodated in High Security, Remand and Youth Units. These prisoners would no longer be allowed to stockpile or keep issue razor blades. The aim of the policy was interpreted as intending to limit the opportunity for self-harm by misuse of razor blades.

  • Request for complaint against a health provider

    Case notes
    Privacy interest balanced against public interest in ensuring natural justice—public interest met by release of summary information

  • Department of Corrections made errors in documentation but parole hearing set correctly

    Case notes
    Whether Department of Corrections staff failed complainant with respect to a Parole Board hearing—Ombudsman found errors in documentation but complainant not disadvantaged

  • Department of Corrections unreasonable to place prisoner with mental illness in mainstream unit

    Case notes
    Whether the Department of Corrections was unreasonable to place prisoner in mainstream unit given specific medical condition of mental illness—Ombudsman upheld complaint

  • Request for Police prosecution file

    Case notes
    Section 9(2)(a) OIA applied—low privacy interest in information that was either known to the requester or publicly available was outweighed by the public interest in the requester knowing the full details of the accident that led to her mother’s death—r

  • Request for audit information regarding JobPlus scheme

    Case notes
    Draft audit report was identical to final audit report—no good reason to withhold the final audit report so no good reason to withhold the draft—good reason to withhold auditor’s informal and early working papers under s 9(2)(g)(i)—disclosure of the working papers would make auditors more circumspect in what they record, and when and how they record it

  • Request for Minister/Chief Executive discussions

    Case notes
    Disclosure of full record of recollection of discussion between Minister and Chief Executive would inhibit future expression of free and frank opinions—summary of recollection released

  • 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)(

  • Local Authority unreasonably applied incorrect rates remission policy to sports club

    Case notes
    Local Authority - incorrect application of rates remission policy—sports club application for partial remission declined on wrong basis—Ombudsman sustains complaint

  • Request for auditor’s working papers

    Case notes
    Disclosure of auditor’s scoping discussions and working papers would make auditors more circumspect in what they record, and when and how they record it—good reason to withhold under s 9(2)(g)(i)

  • Request for performance reviews of ACC third-tier managers

    Case notes
    Request for performance review information of two ACC employees holding third-tier management positions—s 9(2)(a) applied—requester believed ACC granted bonuses to employees who exited claimants from ACC scheme—public interest in release of generic information about ACC performance management process

  • Request for public submissions made on a discussion document

    Case notes
    Request for copies of submissions made to Department of Conservation on a discussion document—submissions released with identities of authors deleted under s 9(2)(a)— no reference to possible release in discussion document—authors were a mix of individuals, government officials and organisations—identities of those making submissions on behalf of organisations and government officials released as not made on personal basis—individuals consulted—identities of those who consented to disclosure were released—s 9(2)(a) applied to remaining information—no public interest favouring release

  • Request for location of sex offenders

    Case notes
    Section 9(2)(a) OIA did not apply to number of sex offenders released into cities because this would not enable individuals to be identified—s 9(2)(a) applied to number of sex offenders released into smaller towns because there was a risk that they coul

  • Council agrees to provide building consent at no cost

    Case notes
    Couple’s spouting on outbuilding needed to be replaced—City Council advised that a building consent was required—complaint made that this was unreasonable—officials met onsite to examine outbuilding and property—an already approved storm water drain was identified and Council agreed to issue building consent at no cost to couple—complaint resolved

  • Councils cannot act without proper authority regarding water usage charges

    Case notes
    Council installed water meter on landowner’s property so that water charges would be based on quantity used rather than flat domestic rate—owner complained that he was not consulted and there was no evidence that he was using water indiscriminately—Ombudsman reviewed legislation empowering Council to impose charges—legislation required Council resolutions – none passed—Council acted without proper authority—levies refunded and domestic rate reinstated

  • Councils advised to keep information for resource consents until all appeals exhausted

    Case notes
    Grape grower sought transparencies used in Council hearing for resource consent—Council had destroyed transparencies in accordance with 15 year practice on basis that the information was generic—Council created new transparencies with same information—grape grower alleged the information was not the same as on the originals—Ombudsman unable to compare the two —Council agreed to change practice and retain information used in hearings until all appeals exhausted

  • 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)

  • 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

  • Department of Corrections reasonably held inmate in segregation

    Case notes
    Unreasonable placement of inmate on precautionary segregation—written material found in his cell which reflected on the safety of prison staff—placement not deemed unreasonable