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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
  • 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 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—
  • Report on an unannounced inspection of Whanganui Prison - 4 September 2018

    OPCAT reports
    The following report has been prepared in my capacity as a National Preventive Mechanism under the Crimes of Torture Act 1989 (COTA). My function under the COTA is to examine and make any recommendations that I consider appropriate to improve the treatment and conditions of detained persons in a number of places of detention, including prisons. This report examines the treatment and conditions of persons detained in Whanganui Prison.
  • Request for information about ERO review

    Case notes
    Section 9(2)(ba)(i) OIA applied to information obtained from participants in review—express obligation of confidence—release would be likely to prejudice the future supply of information by participants—it is in the public interest for ERO to receive co
  • Request for information about staff grievances and allegations of bullying

    Opinions
    Sam Sherwood, on behalf of Stuff, made a request to Selwyn District Council for information about staff grievances and allegations of bullying.
  • Request for draft report prepared by PwC on Auckland Stadium

    Case notes
    Report refused because it was in draft form and commercially sensitive—parts of report withholdable however no basis for blanket withholding—strong public interest in release of report in part
  • Report on an unannounced follow-up inspection of Christchurch Women's Prison - 4 April 2018

    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.
  • Request for draft guidelines on religious instruction and observance in schools

    Case notes
    Officials still in the process of drafting—premature disclosure in advance of the planned public consultation process was not in the overall public interest
  • Report on an unannounced inspection of Arohata Upper Prison - 21 March 2018

    OPCAT reports
    The Upper Prison was facing considerable challenges. Resources, infrastructure and staffing were under pressure, which was compounded by the geographical separation from the administrative centre at Tawa. Day-to-day operating systems and arrangements for dealing with women were not fully embedded. Reception and induction processes were poor, and information for foreign prisoners was not available. Significant delays in access to personal property were a source of frustration for many women, reflected in the growing number of complaints and misconducts.
  • Declined request for dispensation regarding school Transport Entitlement Zone

    Case notes
    A family asked the Board of Trustees (the Board) of School A for dispensation to allow their child to access bus services to attend School B.
  • Administrative error resulting in lost opportunity for ACC claim

    Case notes
    A patient who was unaware he had asbestosis underwent a CT scan while being treated at a DHB Hospital. On the scan’s accompanying notes a radiologist noted previous asbestos exposure. This CT scan with accompanying notes was misfiled, for unknown reasons, and the patient’s diagnosis of asbestosis was not confirmed until autopsy.
  • Ministry of Health unreasonably disallowed visiting Australian resident access to publicly funded health services

    Case notes
    Whether the Ministry of Health was unreasonable to determine that medical treatment obtained by a visitor to New Zealand was not ‘immediately necessary’ and therefore not covered by reciprocal health agreement with Australia – Ombudsman considered the Ministry of Health erred – complaint sustained
  • Request for draft reports prepared by EY on Information Services

    Case notes
    Draft reports were in fact final reports—some information publicly available—negotiations had been concluded—neither s 7(2)(c)(ii) nor s 7(2)(i) apply—significant public interest in release to promote transparency of Council’s decision making processes and accountability for expenditure of ratepayer money
  • Department of Corrections staff to follow legislative requirements when segregating inmate

    Case notes
    Department of Corrections held prisoner in Management Unit without following required procedure—segregation legislation and regulations are clear and prescriptive
  • Request for Skypath business case and procurement plan

    Case notes
    Releasing business case and procurement plan would unreasonably prejudice the commercial position of the private partner in a public private partnership—withholding strengths and weaknesses of negotiating position necessary to enable Council to carry on negotiations without prejudice or disadvantage—ss 7(2)(b)(ii), 7(2)(c)(i), 7(2)(i) apply
  • Request for draft internal review of International Visitor Survey

    Case notes
    Internal review still in draft form—redacted comments comprised preliminary views of individual within agency—s 9(2)(g)(i) applied—no overriding public interest in disclosure
  • 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 names and email addresses of people consulted on draft speech

    Case notes
    Recipients and senders of emails consulted—disclosure would not inhibit senior public servants from expressing free and frank opinions in future—however others would be inhibited
  • Request for draft answers to parliamentary questions prepared by Police staff

    Case notes
    Section 9(2)(g)(i) applied—release would prejudice the free and frank expression of similar communications in future—no public interest override
  • Request for comments on early draft cabinet papers

    Case notes
    Request for documents regarding Kyoto Protocol—information contained initial Treasury comments on draft versions of cabinet paper—part of informal consultation early in policy making process—concern that release would result in officials being less co-operative and formalise the process—withholding necessary to maintain effective conduct of public affairs
  • Department of Corrections required to state reasons for security classification

    Case notes
    Prison inmate complained that his security classification had been unreasonably assessed and Ombudsman concluded the Department failed to provide ‘strong reasons’ (which must be stated)—Ombudsman found the Prison officers had based their classification on uncorroborated, unrecorded, verbal statement made by another inmate—Ombudsman upheld complaint based on inequitable situation that would result if prison relied solely on this information, however, the inmate released before any recommendation could be made
  • Board of Trustees fails to follow principles of natural justice at disciplinary hearing for expelled student

    Case notes
    Student excluded after initially caught hiding stolen property—at the disciplinary hearing the exclusion decision not based on this incident due to lack of evidence but on history of misdemeanours—parents complained that due process had not been followed in disciplinary process—Ombudsman found that at the disciplinary hearing by school the student had no reasonable indication that the student would be answering to an allegation of continual disobedience—complaint about Board of Trustees’ process sustained and Ombudsman recommended apology, reinstatement of student, and removal of exclusion from student’s records—the Board refused to act on recommendations although the student reinstated for other reasons
  • Department of Corrections revises guidelines on implications for visitors possessing drugs

    Case notes
    Prison banned inmate’s family members from visiting for 12-months after small amount of cannabis found in their possession—the inmate complained that the duration of ban was unreasonable but the Department of Corrections noted it had zero tolerance policy for drugs with an automatic 12-month prohibition order to be placed on anyone found with them on prison property—Ombudsman concluded blanket ban unreasonable and the Department agreed each case to be considered on merits and prepared guidelines for prisons—Ombudsman advised inmate to apply for a review of prohibition order under the new guidelines