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  • Request for staff names and initials in Commerce Commission memorandum

    Case notes
    Section 9(2)(a) OIA did not apply—not necessary to withhold staff names to protect their privacy—section 9(2)(g)(ii) did not apply—no information to suggest release would lead to improper pressure or harassment—section 9(2)(g)(i) did not apply—no reason
  • Request for political consultation emails

    Opinions
    The Minister of State Services refused to provide two emails that revealed the comments provided by the Green Party in response to consultation on a proposed Cabinet paper.
  • The OIA for Ministers and agencies: A guide to processing official information requests

    Official information
    The purpose of this guide is to assist Ministers and government agencies in recognising and responding to requests for official information under the OIA.
  • The LGOIMA for local government agencies: A guide to processing requests and conducting meetings

    Official information
    The purpose of this guide is to assist local government agencies in recognising and responding to requests for official information under the LGOIMA.
  • Making official information requests: A guide for requesters

    Official information
    If you are seeking information from a Minister, or central or local government agency, you may be able to ask for it under either the OIA or LGOIMA.
  • The OIA and the public policy making process: A guide to how the OIA applies to information generated in the context of the public policy making process

    Official information
    This guide explains the most common reasons why it can sometimes be necessary to withhold official information generated in the context of the public policy making process.
  • Free and frank opinions: A guide to section 9(2)(g)(i) of the OIA and section 7(2)(f)(i) of the LGOIMA

    Official information
    This guide deals with the 'free and frank opinions' withholding ground in section 9(2)(g)(i) of the OIA and section 7(2)(f)(i) of the LGOIMA.
  • The OIA and draft documents: A guide to how the OIA applies to requests for draft documents

    Official information
    This guide explains some of the most common reasons why it can sometimes be necessary to withhold draft documents. These reasons relate to the free and frank opinions and confidentiality withholding grounds in the OIA and LGOIMA.
  • The OIA and school boards

    Official information
    This guide sets out the key ‘need to know’ information about the obligations of school boards under the OIA. It also explains the Ombudsman’s role in relation to complaints about OIA requests.
  • Request for emails between officials discussing the advice that should be tendered on the answering of parliamentary questions

    Case notes
    Parliamentary Privilege Act 2014 did not provide a statutory bar on the Ombudsman’s investigation of a complaint under the OIA—section 9(2)(g)(i) applied—release would prejudice the free and frank expression of similar communications in future—no public
  • Requests to Board of Trustees for various information

    Case notes
    Requests to School Board of Trustees for various information—some refused on grounds it either did not exist or could not be found—failure to respond to request for some information—difficulties in progressing investigation—meeting with parties to resolve outstanding issues—Board justified in refusing some information—some information subject to Privacy Act—some information not official information ‘held’ by Board
  • 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)
  • School Board of Trustees agrees to address significant deficiencies in suspension procedure

    Case notes
    Suspension and expulsion of student where several significant deficiencies were identified in the procedures of the Board’s disciplinary committee led to the Board of Trustees agreeing to review its procedures and apologise to student and family—the Board also amended student’s records to show the suspension decision was invalid—the Board’s willingness to address its deficiencies were notable in this case (Board members were all new to the role)
  • 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
  • School Board of Trustee and Principal failed to follow disciplinary process; contrary to law

    Case notes
    School Board of Trustees fails to follow statutory criteria for suspension of student (failure to provide guidance and counselling)—suspending a student is a serious step requiring careful consideration—the Ombudsman’s investigation of a wide-ranging complaint by a mother about the manner in which a school had dealt with various aspects of her two sons’ behaviour, culminating in the indefinite suspension of one of her sons, highlighted the need for Principals and Boards of Trustees to familiarise themselves thoroughly with the procedural requirements of s 13 of the Education Act 1989
  • Inland Revenue Department accepts misleading advice caused detriment to holder of student loan

    Case notes
    Inland Revenue Department (IRD) provided misleading advice to student about status of his student loan account— he undertook on-going financial commitments in reliance on that advice— IRD was found to have erred by not providing regular statements of the student loan and accepted that this had caused detriment to the student—there had also been unreasonable delay in responding to the student’s wife’s inquiries about the loan debt and whether it had been cleared—in resolution, IRD agreed with the Ombudsman’s recommendation to put the student back into the position he would have been without relying on misleading advice and to pay an ex gratia payment of $2,400 which was credited to the loan account
  • Inland Revenue Department’s unreasonable use of discretion to withhold information under the Tax Administration Act

    Case notes
    IRD refused to provide details of internal investigation of complaint under s 81(4) of the Tax Administration Act 1994—the information the complainant wanted concerned an investigation into his allegation of improper actions by IRD staff—Ombudsman found that the Commissioner’s discretion to withhold the information was unreasonable because the complainant was entitled to information about an investigation concerning him—IRD agreed with the Ombudsman’s decision and made most of the information available
  • Inland Revenue Department asked to compensate complainant following errors made on GST claim

    Case notes
    IRD failed to provide reasons for decisions to refuse a GST refund claim—there was no evidence for the basis of the refusal but the claim was accepted when similar supporting evidence was provided from another source—IRD gave no explanation for the change of decision—claimant sought compensation for unnecessary expenditure he had incurred to support his claim—Ombudsman found against IRD for errors made and IRD agreed to make an ex gratia payment of $1500 to the complainant