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6 Resources Show all

  • Report on complaints arising from aerial spraying

    Systemic investigations
    In June 2003 I received complaints from Ms Jane Schaverien, then of Auckland but now of Wellington, to investigate under the Ombudsmen Act 1975 the question whether the information given to Ministers by the Ministry of Agriculture and Forestry was inadequate regarding the possible dangers associated with the widespread concentrated use of Foray 48B in West Auckland, and in relation to the Ministry of Health, whether the Ministry had failed to pursue its responsibilities under the Health Act, 1956, or had abdicated those responsibilities in favour of the Ministry of Agriculture and Forestry. In September 2003 I received a complaint from a Hamilton resident, Ms Michelle Rhodes, in generally similar terms regarding the Ministry of Agriculture and Forestry. These complaints arose from the aerial spraying operations carried out on behalf of the Ministry of Agriculture and Forestry in West Auckland to eliminate the Painted Apple Moth, and in parts of Hamilton to eliminate the Asian Gypsy Moth. In relation to West Auckland these operations began on a comparatively small-scale in January 2002, they were continued on a much larger scale through to May 2003, and were finally completed in May 2004.

  • Request for draft report on Department of Labour internal controls prepared by KPMG

    Case notes
    Document labelled ‘draft’ really a final—author was a consultant who would not be deterred from expressing free and frank opinions in future—s 9(2)(g)(i) does not apply

  • Request for transcripts of Police communications in relation to emergency calls

    Case notes
    No blanket protection for operational discussions between Police officers—need for withholding had to be assessed with regard to the content of the actual communications at issue—opinions expressed were ‘free and frank’ but were not ‘necessary’ for effective conduct of public affairs—details about the communications already publicly available—s 9(2)(g)(i) did not apply and even if it did it was outweighed by strong public interest in release

  • Request for draft responses to OIA requests

    Case notes
    Releasing draft OIA responses would be likely to inhibit the future free and frank expression of opinions—s 9(2)(g)(i) applies

  • Ministry of Health decision not to respond to ‘open letter’ on baby food not unreasonable in circumstances

    Case notes
    Complainant wrote open letter to Ministry of Health expressing concerns about potential soy toxicity in baby food—no reply received—Ombudsman’s assistance sought—Ombudsman considered wording of letter—no specific information requested—Official Information Act did not apply—Ombudsman noted considerable correspondence on issue had already been exchanged between Ministry and complainant—open letter appeared to be a continuation of debate with Ministry—Ministry’s failure to respond unlikely to be unreasonable in the circumstances—Ombudsman exercised discretion under s.17(1)(b) Ombudsmen Act not to continue enquiries

  • Health and Disability Commissioner unreasonably applied ‘gold standard’ when deciding on dental practitioner’s professional clinical standards

    Case notes
    Whether breach of professional clinical standards had been established—Health & Disability Commissioner (Code of Health & Disability Services Consumers’ Rights) Regulations 1996— whether Commissioner acted unreasonably in informing practitioner’s employer of alleged breach without first providing practitioner with adequate opportunity to respond—whether Commissioner unreasonable in failing to compensate practitioner