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  • Report on an unannounced follow-up inspection of Arohata Prison

    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.
  • Report on an unannounced follow-up inspection of Manawatu Prison

    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.
  • Report on an unannounced follow-up inspection of Rolleston Prison

    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.
  • Report on an unannounced inspection of Christchurch Men's Prison

    OPCAT reports
    Christchurch Prison is one of New Zealand’s larger prisons, and the largest in the South Island.
  • Request for agency peer review of Family Violence Death Review Committee draft annual report

    Case notes
    Release of free and frank comments made in the context of peer reviewing a draft annual report would inhibit the expression of similar comments in future—s 9(2)(g)(i) applied
  • Request for names of staff involved in sending email to parents about Pink Shirt Day

    Case notes
    Section 9(2)(a) OIA applied—correspondence with the requester and information supplied by the New Zealand Police suggested the requester would approach the staff outside of the official complaints process, and may have behaved in an abusive and threaten
  • Report on an unannounced inspection of Spring Hill Corrections Facility

    OPCAT reports
    Spring Hill Corrections Facility (the Prison) opened in 2007. The Prison accommodates male prisoners with security classifications ranging from minimum to high, as well as a growing remand population. Currently, it has an operating capacity of 1038.
  • Request for due diligence report, site visit reports and reference checks

    Case notes
    Section 9(2)(ba)(i) applies in part to the due diligence report and to the correspondence from supplier—public interest in accountability of Department for steps taken to satisfy itself regarding supplier’s performance—sections 9(2)(ba)(i) and 9(2)(g)(i) apply to information obtained from site visits, but not to the executive summary of the reports—public interest in accountability for decision to award contract—sections 9(2)(ba)(i) applies to reference checks—release would deter referees from providing full and complete information in future—public interest requires release of summary information about the reference checks
  • Report on an unannounced inspection of Hawke's Bay Regional Prison

    OPCAT reports
    Hawke’s Bay Regional Prison was opened in 1989. The Prison accommodates male prisoners with security classifications ranging from minimum to high, as well as a growing remand population.
  • Cancellation of transport card and refusal to refund money stored on the card

    Case notes
    A complaint was made against Auckland Transport (AT) about its cancellation of an ‘AT HOP’ card used by commuters on Auckland’s public transport system.
  • Request for draft job sizing reports

    Case notes
    Reports formed an early stage of developing options for consideration and consultation— disclosure would likely inhibit the willingness of officials and consultants to tender a wide range of preliminary options, and to canvass issues in comprehensive written form, to the detriment of prudent and effective decision making
  • Department of Corrections unreasonably declines computer access to inmate

    Case notes
    Access to computer suite in prison denied—Ombudsman found this unreasonable—Corrections agreed to reconsider the inmate’s request and to review criteria for use—also that computer facilities at prison be reviewed to ensure availability to prisoners who meet criteria for assistance with litigation
  • Department of Corrections not unreasonable to decline face to face interview between prisoner and journalist in particular case

    Case notes
    Prisoner requested face to face interview with journalist—request declined—Ombudsman noted journalist had offered to conduct interview by AVL, notwithstanding preference for face to face—Ombudsman concluded that on this basis Department had not acted unreasonably in this instance
  • Local Authority’s efforts to mitigate effects of resource consent errors not unreasonable

    Case notes
    Local Authority decision about wall constructed on boundary—Council erred by not requiring resource consent and then offered assistance to owners to lodge application—complainant considered Council unfair not to offer assistance to him to oppose the consent
  • Local Authority’s Code of Compliance Certificate on drainage reasonable in circumstances

    Case notes
    Local Authority decision on detection of cross connection piping problem not unreasonable—Body Corporation of building forced to pay costs—question whether Code of Compliance Certificate should have been issued—Ombudsman concluded Council not aware of problem
  • Regional Authority decision on resource consent for pergola on non-notified basis not unreasonable

    Case notes
    Regional Authority’s decision to grant resource consent for a pergola on a non-notified basis was reasonable in the circumstance—permitted baseline test under section 95E of the Resource Management Act 1991
  • Local Authority’s Trespass Notice unreasonable in circumstances

    Case notes
    Local Authority issued Trespass Notice for two years at sports stadium—Ombudsman noted serious misconduct on part of complainant to warrant action but trespass sanction extreme—complaint sustained and Council implemented Ombudsman’s recommendations
  • Local Authority did not act unreasonably in remedying damage following tree removal

    Case notes
    Local Authority—removal of two pohutukawa trees—Council agreed to mitigate loss of these in conjunction with the land owner—Ombudsman considered Council did not act unreasonably
  • Request for address information to assist enforcement of judgement orders

    Case notes
    Landlords obtained judgment orders from Courts or Tenancy Tribunal against former tenants but were unable to have them executed as current address for judgment debtors unknown— requested current address information from Department of Work and Income (now part of MSD)—information withheld to protect clients’ privacy, and future supply of information— public interest in maintaining the proper administration of justice and promoting respect for the law outweighed privacy interest—MSD agreed to provide address information direct to Department for Courts
  • 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 information about serious and sentinel event reports

    Case notes
    Request to District Health Board for information relating to ‘serious and sentinel events’—22 SSE reports withheld in full—s 9(2)(a) applies to information identifying patients’ families and medical staff—s 9(2)(ba)(i) applies to information identifying medical staff as release would impact negatively on willingness of staff to report incidents and to cooperate with subsequent investigations—s 9(1) public interest in release to promote the accountability of the DHB for management of individual cases and to assure the public that any identified deficiencies are being remedied—reports released with deletions—two ‘protected quality assurance activity’ reports withheld—s 59 of Health Practitioners Competence Assurance Act prohibits disclosure of information gained in course of a protected quality assurance activity but s 60 allows release of information that does not identify a particular individual—reports released with deletions
  • 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
  • Request for transcripts of Police communications in relation to emergency calls

    Case notes
    No blanket protection for operational discussions between Police officers—need for withholding had to be assessed with regard to the content of the actual communications at issue—opinions expressed were ‘free and frank’ but were not ‘necessary’ for effective conduct of public affairs—details about the communications already publicly available—s 9(2)(g)(i) did not apply and even if it did it was outweighed by strong public interest in release
  • Request for draft responses to OIA requests

    Case notes
    Releasing draft OIA responses would be likely to inhibit the future free and frank expression of opinions—s 9(2)(g)(i) applies
  • Corrections unreasonable not to pay for inmate’s glasses for re-integration programme

    Case notes
    Long serving prison inmate required glasses to participate in reintegration programme and work in prison tailor shop—Department of Corrections refused to pay for glasses unless inmate would refund them through his prison earnings—inmate later found out Department had paid for another inmate’s glasses in full—Ombudsman sustained complaint that inmate was not treated fairly—refund to inmate of money paid recommended.
  • Local Authority unreasonably created expectation concerning amenity design

    Case notes
    Local Authority refused to redesign toilet block as promised—Ombudsman considered advice to complainant unreasonable—Council then agreed to redesign