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  • Report on an unannounced follow-up inspection of Arohata Prison

    OPCAT reports
    In 2007, the Ombudsmen were designated one of the National Preventive Mechanisms (NPMs) under the Crimes of Torture Act (COTA), with responsibility for examining and monitoring the general conditions and treatment of detainees in New Zealand prisons.
  • Report on an unannounced follow-up inspection of Manawatu Prison

    OPCAT reports
    In 2007, the Ombudsmen were designated one of the National Preventive Mechanisms (NPMs) under the Crimes of Torture Act (COTA), with responsibility for examining and monitoring the general conditions and treatment of detainees in New Zealand prisons.
  • Report on an unannounced follow-up inspection of Rolleston Prison

    OPCAT reports
    In 2007, the Ombudsmen were designated one of the National Preventive Mechanisms (NPMs) under the Crimes of Torture Act (COTA), with responsibility for examining and monitoring the general conditions and treatment of detainees in New Zealand prisons.
  • Report on an unannounced inspection of Christchurch Men's Prison

    OPCAT reports
    Christchurch Prison is one of New Zealand’s larger prisons, and the largest in the South Island.
  • Request for information about access to staff records

    Case notes
    Information held is incomplete but it should be released along with a contextual statement—s 18(g) does not apply—staff recollections should also be provided
  • Request for agency peer review of Family Violence Death Review Committee draft annual report

    Case notes
    Release of free and frank comments made in the context of peer reviewing a draft annual report would inhibit the expression of similar comments in future—s 9(2)(g)(i) applied
  • Request for footage of battle of Baghak

    Case notes
    NZDF deemed to hold battle footage recorded by soldiers on their personal devices in their official capacity
  • Requests for firearms statistics

    Case notes
    Refusal under section 18(g) not justified—information held—Police could manually extract and compile statistics—where compilation involves substantial collation or research s 18(f) applies
  • Request for employee’s recollection of events

    Case notes
    Request for DIA employee’s recollection of events that occurred when she was employed by another agency—DIA not deemed to hold information because not held by employee in that person’s capacity as such an employee—information that cannot be recalled is not held—s 18(g) applies
  • Request for names of staff involved in sending email to parents about Pink Shirt Day

    Case notes
    Section 9(2)(a) OIA applied—correspondence with the requester and information supplied by the New Zealand Police suggested the requester would approach the staff outside of the official complaints process, and may have behaved in an abusive and threaten
  • Report on an unannounced inspection of Spring Hill Corrections Facility

    OPCAT reports
    Spring Hill Corrections Facility (the Prison) opened in 2007. The Prison accommodates male prisoners with security classifications ranging from minimum to high, as well as a growing remand population. Currently, it has an operating capacity of 1038.
  • Request for due diligence report, site visit reports and reference checks

    Case notes
    Section 9(2)(ba)(i) applies in part to the due diligence report and to the correspondence from supplier—public interest in accountability of Department for steps taken to satisfy itself regarding supplier’s performance—sections 9(2)(ba)(i) and 9(2)(g)(i) apply to information obtained from site visits, but not to the executive summary of the reports—public interest in accountability for decision to award contract—sections 9(2)(ba)(i) applies to reference checks—release would deter referees from providing full and complete information in future—public interest requires release of summary information about the reference checks
  • Report on an unannounced inspection of Hawke's Bay Regional Prison

    OPCAT reports
    Hawke’s Bay Regional Prison was opened in 1989. The Prison accommodates male prisoners with security classifications ranging from minimum to high, as well as a growing remand population.
  • Cancellation of transport card and refusal to refund money stored on the card

    Case notes
    A complaint was made against Auckland Transport (AT) about its cancellation of an ‘AT HOP’ card used by commuters on Auckland’s public transport system.
  • Request for names of guests invited to Mayor’s Christmas function

    Case notes
    Section 7(2)(a) LGOIMA applied—low privacy interest in the names of the guests—as guests were representatives of local businesses or other organisations the information was more about their public lives than their private ones—the function was a public
  • Request for information about decision to grant diversion

    Case notes
    Section 9(2)(a) OIA applied—withholding necessary to protect highly private details of alleged offender’s personal life—public interest in accountability for the Police decision to grant diversion in contentious circumstances required disclosure of summ
  • Request for approved codes of ethical conduct for animal testing

    Case notes
    Section 9(2)(ba)(i) OIA did not apply—25 of 26 code holders had voluntarily released their codes—no obligation of confidence—release of ‘benign’ information would not be likely to prejudice the future supply of similar information—information released
  • Request for draft job sizing reports

    Case notes
    Reports formed an early stage of developing options for consideration and consultation— disclosure would likely inhibit the willingness of officials and consultants to tender a wide range of preliminary options, and to canvass issues in comprehensive written form, to the detriment of prudent and effective decision making
  • Department of Corrections unreasonably declines computer access to inmate

    Case notes
    Access to computer suite in prison denied—Ombudsman found this unreasonable—Corrections agreed to reconsider the inmate’s request and to review criteria for use—also that computer facilities at prison be reviewed to ensure availability to prisoners who meet criteria for assistance with litigation
  • Department of Corrections not unreasonable to decline face to face interview between prisoner and journalist in particular case

    Case notes
    Prisoner requested face to face interview with journalist—request declined—Ombudsman noted journalist had offered to conduct interview by AVL, notwithstanding preference for face to face—Ombudsman concluded that on this basis Department had not acted unreasonably in this instance
  • Local Authority’s efforts to mitigate effects of resource consent errors not unreasonable

    Case notes
    Local Authority decision about wall constructed on boundary—Council erred by not requiring resource consent and then offered assistance to owners to lodge application—complainant considered Council unfair not to offer assistance to him to oppose the consent
  • Local Authority’s Code of Compliance Certificate on drainage reasonable in circumstances

    Case notes
    Local Authority decision on detection of cross connection piping problem not unreasonable—Body Corporation of building forced to pay costs—question whether Code of Compliance Certificate should have been issued—Ombudsman concluded Council not aware of problem
  • Regional Authority decision on resource consent for pergola on non-notified basis not unreasonable

    Case notes
    Regional Authority’s decision to grant resource consent for a pergola on a non-notified basis was reasonable in the circumstance—permitted baseline test under section 95E of the Resource Management Act 1991
  • Local Authority’s Trespass Notice unreasonable in circumstances

    Case notes
    Local Authority issued Trespass Notice for two years at sports stadium—Ombudsman noted serious misconduct on part of complainant to warrant action but trespass sanction extreme—complaint sustained and Council implemented Ombudsman’s recommendations
  • Local Authority did not act unreasonably in remedying damage following tree removal

    Case notes
    Local Authority—removal of two pohutukawa trees—Council agreed to mitigate loss of these in conjunction with the land owner—Ombudsman considered Council did not act unreasonably
  • 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 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
  • 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 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 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
  • 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