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16 Resources Show all

  • Immigration New Zealand unreasonable to proceed with deportation when inadequate reasons were given for decision

    Case notes
    Whether INZ gave adequate consideration of interests of deported person and of his New Zealand partner and their New Zealand citizen child before work permit declined and deportation order put in place—also whether partner received adequate information about deportation and if deportee had a reasonable opportunity to consult lawyer—Chief Ombudsman found INZ failed to consider the deportee’s section 61 requests following the issue of a deportation order, under s177 of the Immigration Act 2009 and proceeded with the deportation on the basis of an assessment by a Compliance Officer who did not record reasons for his decision, nor the matters required by s177 of the Act

  • 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 draft terms of reference for an inquiry

    Case notes
    Draft terms of reference largely the same as publicly available final ones—release would not inhibit the future free and frank expression of opinion or provision of advice to the Prime Minister—s 9(2)(g)(i) did not apply

  • Request for evaluation and audit reports regarding extended supervision orders

    Case notes
    Evaluation report comprised largely academic material and statistical analysis—9(2)(g)(i) did not apply—audit report had been submitted to senior management but marked as draft—disclosure of majority not likely to prejudice future exchange of free and frank opinions—significant public interest considerations in favour of disclosure—audit report released with deletion of names and detailed findings relating to individual service providers

  • Request for briefing notes relating to state visits

    Case notes
    Inspection on conditions in order to identify the documents required provided means of resolving s 18(f) refusal

  • Request for DHB Commissioner’s draft work plan

    Case notes
    Release of draft work plan would likely result in reluctance by staff to draft and consult on document—components of plan, once confirmed, were to be included in the 2016/17 annual plan—s 9(2)(g)(i) provided good reason to withhold

  • Request for draft financial performance analysis

    Case notes
    Draft financial performance analysis prepared by Alma Consulting—s 9(2)(g)(i) did not apply— strong public interest in release

  • Request for policy advice behind merger of Archives and National Library

    Case notes
    Release of formal advice to Ministers about abandoned options after decisions had been made would not inhibit the free and frank expression of opinions by officials—s 9(2)(g)(i) does not apply

  • Immigration New Zealand unreasonable to stamp person's passport when visa application declined

    Case notes
    Whether Immigration New Zealand (INZ) was reasonable to stamp words in a person’s passport when that person had been declined a residence visa application—Ombudsman concluded the stamp had no legal authority and the practice was unreasonable

  • Request for audit information regarding JobPlus scheme

    Case notes
    Draft audit report was identical to final audit report—no good reason to withhold the final audit report so no good reason to withhold the draft—good reason to withhold auditor’s informal and early working papers under s 9(2)(g)(i)—disclosure of the working papers would make auditors more circumspect in what they record, and when and how they record it

  • Request for Minister/Chief Executive discussions

    Case notes
    Disclosure of full record of recollection of discussion between Minister and Chief Executive would inhibit future expression of free and frank opinions—summary of recollection released

  • Request for all information about an audit

    Case notes
    Section 9(2)(ba)(i) OIA applied to staff interview records—implied obligation of confidence—release would be likely to prejudice the future supply of information to auditors—it is in the public interest for staff members to cooperate with audits—s 9(2)(

  • Request for auditor’s working papers

    Case notes
    Disclosure of auditor’s scoping discussions and working papers would make auditors more circumspect in what they record, and when and how they record it—good reason to withhold under s 9(2)(g)(i)

  • Immigration New Zealand unreasonably fails to accept Court Order as evidence in work permit application

    Case notes
    Immigration New Zealand (INZ), declined an application for a work permit made under its victims of domestic violence policy—Ombudsman concluded INZ incorrect to ignore the evidence provided of domestic violence—INZ agreed to amend policy to include final protection orders as evidence of domestic violence

  • Request for advice and ‘think piece’ on reprioritisation or savings in Vote Education

    Case notes
    Disclosure of internal discussion documents and advice to Ministers would prejudice ongoing decision making process—disclosure of internal ‘think piece’ would inhibit future expression of free and frank opinions by officials—ss 9(2)(f)(iv) and 9(2)(g)(i) provide good reason to withhold

  • Request for draft briefings to the incoming government

    Case notes
    Disclosure of draft briefings to the incoming government would make officials reluctant to be so free and frank in expressing their initial and untested views and cause them to prefer less efficient and transparent verbal exchanges—section 9(2)(g)(i) applies