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  • Request for CAA investigation report on Minister’s airport security breach

    Case notes
    Section 9(2)(a) OIA applied to information that would identify Minister’s staff—s 9(2)(a) did not apply to non-sensitive information about actions that occurred in a public place, or to the name of the Investigator—s 6(c) did not apply to information su
  • Request for briefing notes relating to state visits

    Case notes
    Inspection on conditions in order to identify the documents required provided means of resolving s 18(f) refusal
  • 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 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
  • Request for communications between Minister of SOEs and other parties in respect of policy announcement about TVNZ

    Case notes
    Request for communications between Minister of SOEs and other parties in respect of policy announcement about TVNZ—information at issue comprised oral communications with Cabinet colleagues preceding policy announcement—withholding necessary to protect constitutional convention protecting collective and individual ministerial responsibility
  • Request for policy on settling disputes

    Case notes
    Request for policy on settling disputes—information withheld on basis of legal professional privilege—consideration of s 22 and relationship with s 9(2)(h)
  • Request for Defence Force National Real Estate Review

    Case notes
    Request for Defence Force National Real Estate Review—information withheld on basis of need to protect confidentiality of advice—report prepared by external consultants and submitted to Minister—information not advice tendered by officials—recommendation that report be released—report released with contextual statement
  • Request for advice given by Queen’s Counsel

    Case notes
    Request for advice given by Queen’s Counsel—whether information subject to legal professional privilege—purpose for which information was brought into existence—whether other considerations warranting disclosure in the public interest
  • 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
  • New Zealand Customs Service questioned over acceptance of deposit pursuant to legislation

    Case notes
    Refusal to pay interest following resolution of dispute over Customs value of goods—whether relevant documentation provided at the time of importation—whether s 140 of the Customs Act 1966 (repealed) conferred authority on Department to take deposit—investigation discontinued following discovery that company did not exist as legal entity at the time complaint was made
  • 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)
  • 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