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  • Request for tender submissions to replace jetty at Philomel Landing

    Case notes
    Release of tenderers’ pricing strategy would give an unfair advantage to their competitors and unreasonably prejudice their commercial position—s 9(2)(b)(ii) OIA applies—release would make tenderers reluctant to provide as much detail about their design specifications in future— s 9(2)(ba)(i) applies—it was in the public interest for NZDF to receive full and detailed submissions as this would otherwise undermine its ability to make an informed decision on the best tenderer to award a contract
  • Request for Customs’ staff engagement survey

    Case notes
    Section 9(2)(ba)(i) OIA applied—express obligation of confidence—release of personalised comment that could be attributed to particular individuals would be likely to prejudice the future supply of similar information—it is in the public interest for ag
  • Request for CAA investigation report on Minister’s airport security breach

    Case notes
    Section 9(2)(a) OIA applied to information that would identify Minister’s staff—s 9(2)(a) did not apply to non-sensitive information about actions that occurred in a public place, or to the name of the Investigator—s 6(c) did not apply to information su
  • Request for information about DHB’s dispute with South Link Health

    Case notes
    Releasing statement of claim in breach of confidentiality agreement would disadvantage the DHB by diminishing trust and goodwill between the parties—releasing report would disadvantage the DHB by assisting the other party to counter DHB’s position—public interest in disclosure outweighed the need to withhold the statement of claim but not the report
  • Request for information about dispute between South Link Health and Southern District Health Board

    Case notes
    Good reason to withhold information that would reveal negotiating position and strategy or further deteriorate the relationship between the parties—s 9(2)(j) does not apply to some factual information and information that was known to the other party to the negotiation
  • Request for emails between Costamare and Maritime New Zealand regarding the MV Rena

    Case notes
    Releasing emails between the parties during the negotiations would prejudice willingness of the parties to participate in the negotiation in an open manner—s 9(2)(j) applies
  • Request for advice about SkyCity convention centre

    Case notes
    Necessary to withhold strategy and bottom lines to enable the Crown to carry on negotiations with SkyCity—s 9(2)(j) applies
  • Local authority events funding

    Official information
    This guide sets out principles applying to requests for information about events funding by local authorities, including the reasons for withholding and the public interest in release.
  • Request for draft audit report in relation to hospice

    Case notes
    Audit still in process and at the draft reporting phases—s 9(2)(ba)(i) and 9(2)(ba)(ii) provide good reason to withhold—limited distribution of confidential drafts for comment has long been considered a sound administrative practice in the public sector—public interest met through disclosure of final audit report
  • Request for investigation report relating to a personal grievance

    Case notes
    Sections 9(2)(a) and 9(2)(ba)(i) and (ii) OIA applied—privacy and confidentiality in employment context—express obligation of confidence to parties and other contributors—release would be likely to prejudice the future supply of information needed to de
  • Request for online discussion group messages

    Case notes
    Section 9(2)(ba)(i) OIA applied—express obligation of confidence—release posed a real and substantial risk that the Ministry would be denied ongoing access to the New Zealand Tobacco Control Action Network—ongoing access was in the public interest becau
  • Request for ‘without prejudice’ communications

    Case notes
    Section 7(2)(c)(ii) LGOIMA applied—obligation of confidence in respect of ‘without prejudice’ communications exchanged in an attempt to settle a legal dispute—release would be likely to damage the public interest in encouraging parties to settle their d
  • Request for information about an employment investigation (personal grievance)

    Case notes
    Privacy and confidentiality grounds apply but need for accountability when things go wrong— seniority of the individuals involved—extent of information in the public domain—other means of scrutiny and regulation—third party review satisfied the public interest in this case
  • Request for information about employment investigation involving misuse of letterhead by Police officer

    Case notes
    Sections 9(2)(a) and 9(2)(ba)(i) OIA applied—privacy and confidentiality in employment context—withholding necessary to protect the officer’s privacy—express or implied obligation of confidence—release would be likely to prejudice the future supply of i
  • Request for information about an employment investigation (withholding grounds)

    Case notes
    Privacy and confidentiality grounds applied—need for accountability when things go wrong— extent of information in the public domain—need to provide the ‘full picture’—nature and seriousness of the wrongdoing¬—whether other means of scrutiny or regulation—release of summary information to satisfy public interest
  • Request for Landcare report on Balmoral Pastoral Lease

    Case notes
    The risk of lobbying and media attention is not a prejudice or disadvantage in terms of s 9(2)(j)