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  • Request for job application file of National MP

    Case notes
    Section 9(2)(a) OIA provided good reason to withhold some information—low privacy interest in other information about MP’s work and study history in China, due to the amount of information in the public domain and his high public profile—outweighed by p
  • Request for address information to assist enforcement of judgement orders

    Case notes
    Landlords obtained judgment orders from Courts or Tenancy Tribunal against former tenants but were unable to have them executed as current address for judgment debtors unknown— requested current address information from Department of Work and Income (now part of MSD)—information withheld to protect clients’ privacy, and future supply of information— public interest in maintaining the proper administration of justice and promoting respect for the law outweighed privacy interest—MSD agreed to provide address information direct to Department for Courts
  • Report on issues involving the criminal justice sector

    Systemic investigations
    The following is my report consequent on a reference directed to me by the Prime Minister to investigate the administration of the criminal justice system. The Terms of Reference directed to me are attached as Appendix A. By agreement the reporting date was extended to 1 December 2007. I note that my report is to be tabled in Parliament. My investigation has been conducted in accordance with the provisions in the Ombudsmen Act 1975.
  • Request for information about serious and sentinel event reports

    Case notes
    Request to District Health Board for information relating to ‘serious and sentinel events’—22 SSE reports withheld in full—s 9(2)(a) applies to information identifying patients’ families and medical staff—s 9(2)(ba)(i) applies to information identifying medical staff as release would impact negatively on willingness of staff to report incidents and to cooperate with subsequent investigations—s 9(1) public interest in release to promote the accountability of the DHB for management of individual cases and to assure the public that any identified deficiencies are being remedied—reports released with deletions—two ‘protected quality assurance activity’ reports withheld—s 59 of Health Practitioners Competence Assurance Act prohibits disclosure of information gained in course of a protected quality assurance activity but s 60 allows release of information that does not identify a particular individual—reports released with deletions
  • Request for letter of complaint

    Case notes
    Withholding investigated by the Privacy Commissioner under the Privacy Act 1993 and the Ombudsman under the OIA—personal information about requester released—s 9(2)(a) OIA applied to the remainder—withholding necessary to protect the privacy of the comp
  • 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 information about Children’s Commissioner investigation

    Case notes
    Section 9(2)(a) OIA applied to redacted material from draft investigation report—requester no longer authorised to act as advocate for the family—withholding necessary to protect the family’s privacy—requester’s prior knowledge did not affect the family
  • Charge for supply of information about Maori interests in the management of petroleum

    Case notes
    Charge avoided by allowing inspection subject to conditions
  • 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
  • Auckland International Airport unreasonable to issue Trespass Notice

    Case notes
    Auckland International Airport Ltd—Trespass Notice to shuttle driver unreasonable and unjust—penalty imposed by airport out of proportion in relation to offence
  • Land Information New Zealand entitled to sell property previously available for buy-back

    Case notes
    Claim as successors for the offer-back of a disused school site—Ombudsman not wholly satisfied with some aspects of the process adopted by LINZ, but concluded that claimants could not fall within the statutory definition of ‘successor’
  • Transpower New Zealand’s refusal to consent to construction not unreasonable

    Case notes
    Complaint about refusal of Transpower New Zealand Ltd to allow building on property over which it had easement—Transpower refused consent—Ombudsman found its actions not unreasonable
  • Corrections unreasonable not to pay for inmate’s glasses for re-integration programme

    Case notes
    Long serving prison inmate required glasses to participate in reintegration programme and work in prison tailor shop—Department of Corrections refused to pay for glasses unless inmate would refund them through his prison earnings—inmate later found out Department had paid for another inmate’s glasses in full—Ombudsman sustained complaint that inmate was not treated fairly—refund to inmate of money paid recommended.
  • Investigation of the Department of Corrections in relation to the detention and treatment 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. At the end of 2004 serious issues related to the treatment of prisoners came to public attention.
  • Request for report on suicide and the media

    Case notes
    Strong public interest in requester having access—participation in making of laws and policy— release on conditions
  • Request for father’s immigration file

    Case notes
    Private interests gave rise to a public interest—pursuing legal rights and remedies
  • Landcorp fails to monitor survey of land for sale

    Case notes
    Lessee of Crown land given opportunity to purchase it freehold in 1996 from Landcorp—a review of title revealed land had been surveyed to exclude all internal waterways used by lessee for his salmon and trout farms and problem discovered too late for exemptions under Conservation Act—the consequences of survey effectively confiscated farms and lessee complained to Ombudsman that Landcorp’s failure to monitor survey allowed issuance of title for an unviable property—Ombudsman reviewed circumstances and agreed Landcorp should have ensured it was informed of survey progress—its failure to monitor meant Landcorp could not take more effective measures to overcome title issues and land subsequently not fit for sale—view formed that Landcorp’s sale was unreasonable—Landcorp disagreed with view but agreed to make ex-gratia payment to complainant
  • Request for communications between Chief of Defence Force and Prime Minister

    Case notes
    MP requested information on the restructuring of the NZDF—two letters from the Chief of Defence Force to the Prime Minister regarding draft reports withheld under s 9(2)(g)(i)—distinction between substantive comment about draft reports and minor editorial suggestions—substantive comments were recordings of Chief of Defence Force’s free and frank discussions with Prime Minister—part of Chief of Defence Force role is to advise Prime Minister but he would not have reduced comments to writing if he had thought they would be made public—free and frank comments needed to maintain constructive working relationship with Prime Minister—s 9(2)(g)(i) applied to substantive comments but not to remaining information
  • Request for information about an inmate’s whereabouts and rehabilitation programmes

    Case notes
    Written submission to Parole Board on potential release of an offender—submitter advised that inmate entitled to have access to her submission—submitter sought information about the inmate’s whereabouts and rehabilitation programmes—s 9(2)(a) applied—Department had already provided the requester with general information about types of courses and rehabilitation programmes available to inmates which met the public interest—In future Parole Board should advise persons making submissions that they could request that personal details be withheld from offender to protect their privacy
  • Request for details of expenditure by University for private residence of senior staff member

    Case notes
    Request for details of expenditure by University for private residence of senior staff member—request refused to protect privacy—privacy interest existed and needed protection—public interest in University being held accountable for expenditure of public money—balance of competing interests best met by release of approximate value of items purchased, together with contextual statement giving background information about the purchase
  • Request for early stage policy advice relating to paid parental leave

    Case notes
    Request for information relating to paid parental leave policy—information withheld to maintain collective ministerial responsibility, protect confidentiality of advice and free and frank exchange—in the circumstances no good reason to withhold
  • Request for minute from Chief of Air Staff to Chief of Defence Force

    Case notes
    Request for minute from Chief of Air Staff to Chief of Defence Force regarding return of aircraft to Samoa to uplift a civilian passenger—minute contained free and frank expressions of opinion—factual information and summary of opinions released—manner in which opinions expressed particularly frank—s 9(2)(g)(i) applied—public interest in release satisfied by release of summary
  • Ministry of Social Development has no authority to require beneficiary to appoint agent

    Case notes
    Illiterate beneficiary preferred to communicate verbally, frequently and often vociferously—the Ministry arranged for beneficiary’s solicitor to become agent—Ombudsman sought advice from Ministry as to authority it was relying on to request appointment of an agent—the Ministry confirmed there was no specific legislative authority— Ombudsman formed view that requirement unreasonable—complainant revoked agency and dealt directly with Ministry again
  • Crown Research Institute’s publication on nicotine in tobacco inadequate

    Case notes
    Publication of research data subsequently found to be flawed—notice of research results to interested parties—adequacy of subsequent retraction—inclusion of contextual material with media release—relationship between an Ombudsman's jurisdiction and issues involving scientific techniques and the course of research—matter of administration—Ombudsmen Act 1975, s 13