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38 Resources Show all

  • 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

  • Decision to release tender information in response to Official Information Act request

    Case notes
    Complaint about a decision to release information under the Official Information Act—Ministry consulted adequately with affected party—Ministry took into account affected party’s submissions, all relevant considerations, principle of availability, legis

  • 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 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 information about a Department’s employment operations

    Case notes
    Pre-cast concrete operation is a commercial activity—s 9(2)(i) applies

  • Request for salvage plan relating to MV Rena

    Case notes
    Revealing salvage company’s detailed methodology would give other companies a competitive advantage in future tenders, which would be likely unreasonably to prejudice its commercial position—s 9(2)(b)(ii) applies

  • Request for financial information concerning Council’s waste management proposals

    Case notes
    Council waste management activities not commercial—s 7(2)(h) does not apply

  • Request for email communications between councillors relating to industrial dispute

    Case notes
    Disclosure of informal emails between councillors in highly sensitive context would inhibit future expression of free and frank opinions—s 7(2)(f)(i) provides good reason to withhold

  • Request for draft report to Ombudsman

    Case notes
    Release of draft report to Ombudsman would inhibit the free and frank expression of opinions—s 9(2)(g)(i) applies

  • Request for information about assessment of community organisation as approved community service

    Case notes
    Section 9(2)(a) OIA did not apply to correspondence from the chair of the community organisation—the fact that a person signed a letter does not necessarily make that letter personal information about them—signatory was acting in his professional capaci

  • Investigation of the Department of Corrections in relation to the provision, access and availability of prisoner health services

    Systemic investigations
    This own motion report, unlike others we have undertaken, did not arise from specific incidents within the prison system, nor from the number of complaints we receive from prisoners.  Our investigation has identified that prisoners have reasonable access to Health Services and generally they receive healthcare equivalent to members of the wider community. However, the service is not without its problems and in the future, it may not be able to meet the healthcare needs of such a diverse population effectively.

  • Request for transport rates, cost and revenues per route

    Case notes
    Cost per route to the Council not protected by s 7(2)(b)(ii)—any prejudice would not be unreasonable—s 7(2)(b)(ii) applies to revenue per route—this would reveal operators’ tender strategies, thereby prejudicing their ability to participate competitively in future tenders

  • Request for tender scores for successful tenderer

    Case notes
    Release of tender scores would not be likely unreasonably to prejudice successful tenderer’s commercial position—s 9(2)(b)(ii) does not apply

  • Request for copy of winning tender for Lawrence Oliver Park

    Case notes
    Release would enable competitors to anticipate winning tenderer’s strategy in future bids, which would unreasonably prejudice their commercial position—s 7(2)(b)(ii) applies

  • Submission of the Ombudsmen - Corrections Amendment Bill

    Submissions
    We had a limited opportunity to comment on the draft Corrections Amendment Bill (the Bill) and some amendments were made as a consequence of our submissions.  However, there remain other matters which concern us.

  • Request for communications strategy relating to legal aid reform

    Case notes
    Request for information about a communications strategy—s 9(2)(g)(i) provides good reason to withhold two sentences

  • Request for comments generated during OIA decision making process

    Case notes
    Disclosure would inhibit advisors or officials from expressing or recording free and frank advice on OIA requests in the future—good reason to withhold under s 9(2)(g)(i)

  • Request for draft press releases

    Case notes
    Release would impact on the effectiveness of the process of drafting press releases in future, because officials would be reluctant to be candid or to openly express their initial thoughts in writing—s 9(2)(g)(i) applies

  • Request for draft ministerial inquiry report

    Case notes
    Release of early and annotated draft would inhibit ministerial appointees from expressing free and frank opinions in future and sharing drafts with the Ministry of Justice—public interest met by availability of final report—s 9(2)(g)(i) applies

  • Report on complaints arising from aerial spraying

    Systemic investigations
    In June 2003 I received complaints from Ms Jane Schaverien, then of Auckland but now of Wellington, to investigate under the Ombudsmen Act 1975 the question whether the information given to Ministers by the Ministry of Agriculture and Forestry was inadequate regarding the possible dangers associated with the widespread concentrated use of Foray 48B in West Auckland, and in relation to the Ministry of Health, whether the Ministry had failed to pursue its responsibilities under the Health Act, 1956, or had abdicated those responsibilities in favour of the Ministry of Agriculture and Forestry. In September 2003 I received a complaint from a Hamilton resident, Ms Michelle Rhodes, in generally similar terms regarding the Ministry of Agriculture and Forestry. These complaints arose from the aerial spraying operations carried out on behalf of the Ministry of Agriculture and Forestry in West Auckland to eliminate the Painted Apple Moth, and in parts of Hamilton to eliminate the Asian Gypsy Moth. In relation to West Auckland these operations began on a comparatively small-scale in January 2002, they were continued on a much larger scale through to May 2003, and were finally completed in May 2004.

  • 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 costs of advertising campaign

    Case notes
    Release would undermine strategy to increase advertising revenue—s 9(2)(i) applies

  • 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