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  • Request for draft Cabinet paper

    Case notes
    Request for draft Cabinet Paper—earlier draft released by error—no reason to withhold
  • Request for information by father relating to school suspension of son

    Case notes
    Request by non-custodial father for information relating to his son’s suspension refused in order to protect son’s privacy—weight to be accorded to privacy vis-à-vis school’s obligations of disclosure under s 77 Education Act—summary of information released to satisfy public interest—Education Act 1989, s 77; Guardianship Act 1968, s 3
  • Request for risk management plans relating to establishment of District Health Boards

    Case notes
    Request for risk management plans relating to establishment of District Health Boards—information withheld in reliance upon s 9(2)(f)(iv)—public interest in release of information in summary form
  • Request for advice provided to government regarding the pre-funding of superannuation

    Case notes
    Information withheld to protect confidentiality of advice—account taken of changed political environment since the advent of MMP—early release of papers prior to consultation with coalition partner could undermine constitutional convention
  • Request for Department’s reasons for declining application

    Case notes
    Department maintains it had given its reasons previously, in writing and verbally on many occasions—requirements of s 23 had not been met—compliant statement of reasons provided
  • Request for copies of unconfirmed minutes of Council’s Standing Committees

    Case notes
    Request for copies of unconfirmed minutes—status of unconfirmed minutes—application of s 17(d) of the Local Government Official Information and Meetings Act—requester’s opportunity to participate in the Council’s actions and decisions not detrimentally affected to a significant extent by the decision to decline the official information request
  • Request for copy of letter from Fire Brigade Volunteers to District Chief Fire Officer

    Case notes
    Request for copy of letter from Fire Brigade Volunteer Section to District Chief Fire Officer—majority of letter withheld—volunteer firefighters ‘members’ of an organisation for purposes of s 9(2)(g)(ii)—good reason to withhold to maintain effective conduct of public affairs through the protection of members from improper pressure and harassment
  • Request for sentencing schedule database

    Case notes
    Request for sentencing schedule database—request declined—release of some information ‘would be likely’ to prejudice maintenance of the law—information released subject to deletions
  • Request for individual totals of abortions reported in 1997 for certain licensed institutions

    Case notes
    Request for individual totals of abortions reported in 1997 for certain licensed institutions—established privacy interests not outweighed by countervailing public interest, subject only to release of further statistical information
  • Discontinuation of investigation into withholding of application to ERMA

    Case notes
    Discontinuation of an investigation—application of s 17(1)(b) of the Ombudsmen Act 1975 to investigations under the Official Information Act
  • Request for copy of Department’s launch video

    Case notes
    Request for copy of Department’s launch video—request refused because of Department’s concern about potential for manipulation—s 9(2)(k)—request was for an analogue not a digital copy so the video could not be manipulated in the manner feared by the Department—no good reason to withhold—video released
  • Request to Crown Law Office for legal advice given to Minister

    Case notes
    Request to Crown Law Office for legal advice given to a Minister—no information falling within the scope of the specific request—legal advice had been given by Attorney-General—information held solely on behalf of Attorney-General as first Law Officer of the Crown—not official information
  • Request for information relating to Civic Creche Inquiry

    Case notes
    Request for information relating to Christchurch Civic Creche Inquiry—most information released, but all names and other personal information withheld on privacy grounds—view formed privacy considerations did not attach to names of public sector employees in the context of their positions—privacy did attach to other employment related matters, and to names of private sector employees, children and parents involved—no countervailing public interest considerations identified
  • Request for date application to IRD signed

    Case notes
    Request for date application to Inland Revenue Department signed—no exception to duty to maintain secrecy
  • Request for information held by contractor

    Case notes
    Department contracted out storage and retrieval of information—request for information refused on the basis that it was publicly available from contractor—requester referred to independent contractor—information deemed to be held by Department—s 2(5)—inappropriate to rely upon s 18(d)
  • Requests for names of food outlets which did not meet food hygiene standards

    Case notes
    Requests for names of food outlets which did not meet food hygiene standards—requests refused—disclosure would be likely to prejudice the investigation and detection of food hygiene and health offences
  • Department of Corrections required to review process for media contact with inmates

    Case notes
    Access to prison inmates by the news media—conflict between procedural manual and communications policy—policy to be reviewed to ensure consistency with procedures
  • Request for details of APEC security arrangements

    Case notes
    Request for details of APEC security arrangements declined—information withheld—disclosure would be likely to prejudice effectiveness of future security arrangements
  • Request for information concerning patients believed ineligible for publicly funded healthcare

    Case notes
    Request for information from Immigration Service concerning patients believed ineligible for publicly funded healthcare—some information withheld on privacy grounds—some information not held—balance to be struck between public interest in release of information to the extent necessary to confirm eligibility for public funding and privacy interest—release of statement satisfied public interest
  • Department of Corrections protocol with Ombudsman regarding death in custody

    Case notes
    Death in custody—application of Protocol between Department of Corrections and Office of the Ombudsmen—issues arising from monitoring departmental investigation—need for improved communication, videotaping, fire safety and emergency procedures
  • Council seeks order from Environment Court about noise of bird scare device

    Case notes
    Council had not enforced noise restrictions with respect to bird scaring devices because of the difficulty in obtaining adequate evidence for enforcement action—following Ombudsman’s investigation, the Council agreed to seek a ruling on the matter with the Environment Court and this action effectively resolved the complaint
  • Council to advise when a person’s status under Resource Management Act is changed

    Case notes
    Resource consent application—non-notified—s 94(2) Resource Management Act 1991—change of status from ‘adversely affected’ to ‘not adversely affected’—complainant not advised of change and believed right to object remained intact—Council agreed to amend its policies and procedures
  • Inland Revenue Department paid ex gratia payment to compensate loss incurred when Company relied on incomplete information contained in IRD Company Tax Guide, 1997.

    Case notes
    Provisional tax paid by both a company and its individual directors using Standard Formula method rather than Estimate method calculations—reliance placed on information published by Inland Revenue Department in 1997 IR4 Company Tax Guide—large overpayments resulted at end of tax year—company and directors not eligible to receive ‘use of money interest’ from Department—Department agreed that IR4 Company Tax Guide was misleading
  • Request for job evaluation report commissioned by employer

    Case notes
    Pay negotiations—request for report commissioned by employer—prejudice or disadvantage in carrying on the negotiations—reason to withhold not outweighed by other public interest considerations
  • Department of Social Welfare and suspending debt recovery action while disputing the debt through the appeal process

    Case notes
    Failure to suspend debt recovery action pending appeals—reference to Social Security Appeal Authority decisions—Department’s general policy to suspend recovery action—policy applied on a case by case basis—discretion not to suspend recovery should not be fettered—application of policy should be consistent nationwide—circular outlining policy issued—manual to be revised