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  • Investigation into the Health and Disability Commissioner’s assessment of three complaints

    Opinions
    Summary It is my opinion that the former Health and Disability Commissioner’s (HDC’s) handling of three separate complaints was unreasonable.
  • Request for information about volunteer rural constabulary programme

    Case notes
    Section 9(2)(f)(iv) OIA applied to briefing from New Zealand Police to Minister—negotiations between coalition partners were still required, and disclosure would have prejudiced the orderly and effective conduct of the Government’s decision making proce
  • Consultation on health and safety processes for Managed Isolation Facility

    Case notes
    Complaint about level of consultation with residents before Stamford Plaza Hotel became a Managed Isolation Facility—Chief Ombudsman found that the Department did not consult appropriately with the residents before this occurred—the Department also did
  • Request for names of clusters that COVID-19 cases were linked to

    Case notes
    Section 18(c)(i) OIA applied—release would be contrary to s 92ZZG(2) Health Act 1956— discretion to use or disclose contact tracing information for the ‘effective management of infectious diseases’—exercise of discretion reviewed under the Ombudsmen Act
  • Request for MSD historic claims guidebook

    Case notes
    Complaint about the decision to withhold a document containing procedures and guidance under section 9(2)(j) of the Official Information Act—section 9(2)(j) did not apply—engagements conducted on a ‘take it or leave it’ basis are not clearly ‘negotiatio
  • Decision to implement locked cell policy

    Case notes
    Complaint about the negative effects of implementing a locked cell policy in the Kaaka North and South pods at Northland Region Corrections Facility – Chief Ombudsman found that the implementation was unreasonable – the significant consequences (lack of
  • Request for record of ‘without prejudice’ meeting

    Case notes
    Section 7(2)(g) LGOIMA did not apply—‘without prejudice’ privilege is not an aspect of legal professional privilege—s 7(2)(c)(ii) applied—obligation of confidence attaches to information subject to without prejudice privilege—release would make people r
  • Request for information about death in custody

    Case notes
    Request for all correspondence about death in custody—unreasonable to rely on sections 9(2)(a) and 9(2)(ba)(i) without compiling and reviewing the information—subsequent reliance on section 18(f) (substantial collation or research) also unjustified—
  • Request for CERA property valuation reports

    Case notes
    Much of the information already available to the requesters—disclosing the remaining information about how the valuations were reached would not prejudice or disadvantage CERA in negotiations with property owners, but make the negotiations more robust with both sides fully informed—strong public interest in disclosure to address power disparity between negotiating parties—s 9(2)(j) does not provide good reason to withhold
  • Request for draft advice on establishing a reserve

    Case notes
    Release of early and annotated advice would inhibit the free and frank exchange of opinions between officials drafting advice—general public interest in transparency had been met by disclosure of technical papers that formed the basis of the advice to the Minister, together with the final advice paper
  • Request for draft ministerial and chief executive correspondence

    Case notes
    Release of draft ministerial and chief executive correspondence would inhibit the free and frank expression opinions—s 9(2)(g)(i) applies
  • District Health Board decision not to consult on provision of abortion services at a Hospital was unreasonable

    Case notes
    Whether the District Health Board was unreasonable to offer abortion services at a hospital without consultation with the local community
  • Request for draft document on Starting Price Adjustment Input Methodology

    Opinions
    For the reasons set out below, I am of the opinion that the Commerce Commission was entitled, under section 9(2)(g)(i) of the Official Information Act 1982 (OIA), to withhold a copy of a draft of a Starting Price Adjustment Input Methodology reque
  • Pharmac decision not to fund drug was not unreasonable or contrary to law

    Case notes
    Whether PHARMAC decision not to fund a drug was unreasonable or contrary to law—Ombudsman concluded that this case did not reach the threshold of being unreasonable or contrary to law but made suggestions to PHARMAC about the matter
  • Department of Corrections reasonable to seek removal of prisoner from study course in some circumstances

    Case notes
    Whether the Department of Corrections was reasonable to request the tertiary institution to remove a prisoner from a course at a polytechnic—Ombudsman found Department’s decision to have been reasonable in part
  • Request for costing and liability information concerning the grounding of the MV Rena

    Case notes
    Release of information about costs incurred in responding to the grounding would give advance notice of the Crown’s negotiating position—s 9(2)(j) applies but not to information that was known to both parties and in the public domain
  • Request for legal opinions concerning Russian adoptions

    Case notes
    Request for legal opinions concerning Russian adoptions—withheld to maintain legal professional privilege—s 9(2)(h)—public disclosures of first opinion meant waiver had occurred—s 9 ‘necessity’ test not met—while section 9(2)(h) applies to second opinion need to withhold outweighed by a strong public interest in release of the information (with the exception of three paragraphs)
  • Request for draft documents, internal emails, handwritten notes regarding Government response to Law Commission discussion paper

    Case notes
    Disclosure of draft documents would inhibit future expression of free and frank opinions by officials—s 9(2)(g)(i) applies
  • Request for record of Council’s meeting with neighbour

    Case notes
    Releasing the record of a meeting conducted on a confidential and without prejudice basis would make it harder to resolve the matter and disadvantage the Council in its negotiations—s 7(2)(i) applies
  • Request for Ministerial briefing on Auckland CBD rail loop

    Case notes
    Disclosure of ministerial briefing conveyed under pressure of time would inhibit future expression of free and frank opinions by officials—s 9(2)(g)(i) applied—public interest met by release of later document
  • Request for internal complaint assessment memorandum

    Case notes
    Disclosure of preliminary complaint assessment memo would make complaints assessment staff reluctant in future to fully express their views in writing—s 9(2)(g)(i) provides good reason to withhold
  • Request for crisis group reports and working material regarding Government’s response to kidnapping

    Case notes
    Request for information about Government’s response to kidnapping of NZ resident in Baghdad—s 9(2)(g)(i) provides good reason to withhold crisis group reports and working material but not the final review of the hostage-taking—public interest met by disclosure of final review—final review released with redactions
  • Investigation of the Department of Corrections in relation to the complaint procedures of Corrections Inmate Employment

    Systemic investigations
    Corrections Inmate Employment (CIE) is a branch of the Department of Corrections’ (the Department) Rehabilitation and Re-integration Services group. It operates various industries at the prisons, which afford prisoners employment while they are in prison. Following the receipt of complaints from prisoners employed by CIE, concern was expressed about how CIE was handling prisoners’ complaints. I was uncertain whether this concern was justified. I decided it was appropriate on my own motion to undertake an investigation into the efficiency and effectiveness of the complaint procedures by which prisoners employed by CIE may complain to the Department about CIE and its staff.
  • District Health Board’s processes regarding informed consent for assisted reproductive procedure not unreasonable

    Case notes
    Whether a District Health Board (DHB) failed to ensure the complainant received adequate professional advice before being required to sign a legal document surrendering substantial legal rights—whether that document was ‘informed consent’—Ombudsman concluded DHB had not acted unreasonably in this matter
  • Request for draft public consultation document

    Case notes
    Only minor differences between draft and final consultation document—final consultation document was publicly available—release would not inhibit the free and frank expression of opinions necessary for the effective conduct of public affairs
  • Request for internal discussion paper on privatisation

    Case notes
    Two drafts of an internal discussion paper commissioned by Treasury’s Executive Leadership Team—Government had not sought advice on the issue—s 9(2)(g)(i) provides good reason to withhold
  • 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 Crown’s projected figures, budgetary consequences and methodology relating to Treaty of Waitangi negotiations

    Case notes
    Journalist requested forecasts of settlement quantums prepared by OTS— request refused because release would prejudice or disadvantage Crown in carrying on negotiations—information contained details of projected figures and budgetary consequences of different settlement quantums and revealed OTS’s methodology for reaching these figures—disclosure would reveal OTS’s approach to negotiations and falsely give a top dollar figure available to claimants—Ombudsman satisfied Crown’s position in negotiations would be prejudiced by release—public interest in OTS’s transparency and accountability for negotiating with public money met by information already in public arena and made available to claimants during negotiation process—Ombudsman satisfied OTS entitled to rely on section 9(2)(j) to withhold information.
  • 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
  • Request for details of Housing New Zealand’s top ten rental arrears by city or town

    Case notes
    Request for details of Housing New Zealand’s top ten rental arrears by city or town—Housing New Zealand considered release of information would prejudice negotiations to recover rental arrears—public interest in accountability outweighed need to withhold—information released