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  • Request for Hazardous Activities and Industries List

    Opinions
    On 4 September 2008 Mr Sharpe sought from the Council “details of the 3099 ‘Unverified HAIL’ sites in the region, i.e. their location and the activity/industry that are known to have the potential to cause land contamination”.
  • Request for public submissions on draft standard

    Case notes
    Members of the public with a vested interest in developing standards would not be deterred from expressing their opinions in future
  • Request for report on DHB governance issues

    Case notes
    Disclosure of report at time of request would have inhibited expression of free and frank opinions by officials—but passage of time and change in circumstances had diminished the likelihood of such prejudice—senior public servants would not be inhibited from expressing free and frank opinions in future
  • Ministry of Justice’s consultation with community when deciding on Youth Residence site not unreasonable

    Case notes
    Ministry of Justice announced site of a youth residence premises—concerns that consultation process not appropriately carried out with local community—complaint that advice to Minister from Ministry unreasonable—Ombudsman concluded advice was not unreasonable and consultation process appropriate
  • Department of Internal Affairs not unreasonable to cancel passport

    Case notes
    Department of Internal Affairs—decision to recall and cancel complainant’s NZ passport – position determined by terms of legislation
  • Request for tender proposals, evaluation and scoring material relating to appointment of default KiwiSaver providers

    Case notes
    Release of detailed organisational information including information about products and fees would be likely unreasonably to prejudice the default providers’ commercial positions—section 9(2)(b)(ii) applies to tender proposals—explicit obligation of confidence—release would make it more difficult for MED to monitor compliance of default providers with their instruments of appointment and have a damaging effect on the success of the KiwiSaver scheme itself—section 9(2)(ba)(ii) applies to evaluation and scoring information
  • Request for documentation about ‘Ageing in Place’ contract

    Case notes
    Release of detailed proposals and component prices would have an adverse effect on tenderers’ responses to future tenders issued by the DHB, which would damage the public interest—s 9(2)(ba)(ii) OIA applies—release would have an inhibiting effect in future on the quality of the documentation associated with the DHB’s contract negotiations and tender evaluation, which would be prejudicial to the future conduct of such tenders—s 9(2)(g)(i) applies
  • Request for information about severance payment

    Case notes
    Section 9(2)(a) OIA applied—withholding necessary to protect strong privacy interests—significant impact of further media scrutiny on personal privacy—s 9(2)(ba)(ii) applied— settlement agreement contained express obligation of confidence—release would
  • Request for discussions between Ministers on business before Cabinet

    Case notes
    Discussions between Ministers on business before Cabinet imbued with a presumption of confidentiality—s 9(2)(g)(i) provides good reason to withhold undocumented discussions
  • Request for draft public discussion document regarding auditor regulation

    Case notes
    Close-to-final draft containing limited evidence of opinion material—risk of public misunderstanding of the status of this draft document did not justify withholding and could be addressed by disclosure of contextual information—strong public interest in transparency of the policy development process given full-scale public consultation no longer intended
  • 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 railway operator’s policies and procedures provided to Police

    Case notes
    Section 9(2)(ba)(i) OIA did not apply—release of relatively straightforward practice and procedure documents would not be likely to prejudice the future supply of similar information—public interest in releasing information to victim that goes to causes
  • 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 consultant’s advice on financial impact of electricity lines regulation

    Case notes
    Section 9(2)(ba)(ii) OIA applied—obligation of confidence attached to consultant’s advice to Commerce Commission while under consideration—release would be likely to damage the public interest in the orderly and effective conduct of the Commission’s sta
  • Request for information about Children’s Commissioner investigation

    Case notes
    Section 9(2)(a) OIA applied to redacted material from draft investigation report—requester no longer authorised to act as advocate for the family—withholding necessary to protect the family’s privacy—requester’s prior knowledge did not affect the family
  • Charge for supply of information about Maori interests in the management of petroleum

    Case notes
    Charge avoided by allowing inspection subject to conditions
  • Request for notes of mediation meeting

    Case notes
    Section 9(2)(ba)(ii) OIA applied—confidentiality of communications in connection with a mediation—release would be likely to damage the public interest in encouraging parties to settle their disputes without resorting to litigation—no public interest ov
  • 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.
  • Request for information about employment investigations involving social workers

    Case notes
    Section 9(2)(ba)(ii) OIA applied—implied obligation of confidence in employment context—release would be likely to damage the public interest in maintaining good working relationships between the Department and its staff—public interest in accountabilit
  • Investigation of the Department of Corrections in relation to the transport of prisoners

    Systemic investigations
    Under the Ombudsmen Act 1975, it is a function of the Ombudsmen to investigate complaints relating to matters of administration affecting persons in their personal capacity against various bodies, including the Department of Corrections (the Department). Pursuant to this Act, the Ombudsmen have power to investigate complaints by prisoners about all aspects of their detention by the Department. On 25 August 2006, prisoner Liam Ashley died as a result of injuries sustained while being transported in a van with other prisoners. Liam was aged 17, and had been the subject of violence by a 25 year old prisoner who was subsequently convicted of Liam’s murder. The Corrections Act 2004 aims to ensure that “custodial sentences and related orders … are administered in a safe, secure, humane, and effective manner”. It is a fundamental responsibility of the Department to achieve this.
  • 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
  • Ombudsmen’s statements made during inquiry inadmissible in evidence in any Court or other proceedings

    Case notes
    Requirement for Ombudsman’s investigation to be conducted in private—while another party may release details of the investigation, an Ombudsman cannot as this may prejudice the Ombudsman’s investigation and breach the Privacy Act
  • Investigation of the Department of Corrections in relation to the detention and treatment of prisoners

    Systemic investigations
    Under the Ombudsmen Act 1975, it is a function of the Ombudsmen to investigate complaints relating to matters of administration affecting persons in their personal capacity against various bodies, including the Department of Corrections (the Department). Pursuant to this Act, the Ombudsmen have power to investigate complaints by prisoners about all aspects of their detention by the Department. At the end of 2004 serious issues related to the treatment of prisoners came to public attention.
  • Request for report on suicide and the media

    Case notes
    Strong public interest in requester having access—participation in making of laws and policy— release on conditions
  • Request for bioequivalence studies and dissolution data

    Case notes
    Not a trade secret but the data is subject to an obligation of confidence—risk of disclosure to competitors would make drug suppliers less likely to enter the New Zealand market—s 9(2)(ba)(ii) applies
  • Requests for tape and transcript of pilot communications to air traffic control

    Case notes
    Media requests for tape and transcript of pilot communications to Christchurch Air Traffic Control prior to crash—class exemption sought—also withheld to protect obligation of confidence—s 9(2)(ba)—release would not breach Chicago convention or any contracts with air traffic controllers—recommendation that information be released
  • Request to Board of Trustees for 15 year old daughter’s statements alleging sexual harassment by teacher aide

    Case notes
    Mother’s request to Board of Trustees for 15 year old daughter’s statements alleging sexual harassment by teacher aide—daughter provided statement to school in confidence—refused consent to release—public interest in ensuring students willing to supply similar information to school in future—good reason to withhold under s 9(2)(ba)(i)
  • 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