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223 Resources Show all

  • Request for recruitment consultant expenditure

    Case notes
    No cost code specifically and solely for recruitment fees—information could not be made available without ‘substantial collation or research’—release of other information resolved the complaint

  • Request for advice on electoral finance, after the introduction of the Electoral Finance Bill

    Case notes
    Introduction of Bill constituted discrete end-point in the policy development process—disclosure would not prejudice ability of Ministers to consider advice eventually tendered by officials—s 9(2)(f)(iv) does not apply

  • Request for options and analysis in review of NZ Superannuation Portability

    Case notes
    Cabinet had agreed to package of proposals but agreement was subject to funding in Budget— Budget secrecy only applies if decision has been made to include proposals in Budget—analysis protected by s 9(2)(f)iv) but not bare options—advice two years old and no advice issued about which options were under consideration—strong public interest in release of bare options

  • 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 information about funding of Resource Teachers

    Case notes
    Advice provided in context of Budget but bid unsuccessful—Minister asked for bid to be resubmitted in next Budget—9(2)(f)(iv) applied to much of the information at issue, but not all of it—Minister released some general information but continued to withhold detailed analysis—overall public interest not served by the disclosure of advice that may undermine the effective preparation of next Budget

  • Request for information concerning South Auckland primary teacher supply

    Case notes
    Decisions had been made—disclosure of abandoned options posed no risk—s 9(2)(f)(iv) does not apply

  • 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

  • Immigration New Zealand's error in granting permit in one case raises no legitimate expectation for another applicant in same situation

    Case notes
    Immigration New Zealand (INZ) declined application for a graduate work permit because applicant did not meet the criteria applicable at the time—complainant claimed decision unreasonable because other applicants in his situation were granted permits—Ombudsman found no evidence that INZ made a practice of granting graduate work permits outside the terms of the policy as a matter of course and failure (to correctly apply policy) in one case should not raise legitimate expectations for other applicants

  • Request for stock take report on the Crime Reduction Strategy

    Case notes
    Report by external consultant not advice tendered by Ministers or officials—s 9(2)(f)(iv) did not apply

  • 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 Treasury analysis on emissions trading scheme

    Case notes
    Information part of ongoing stream of work—release, with or without the context, would compromise the policy development process—s 9(2)(f)(iv) applies—overall public interest not served by disclosure of information that would undermine policy development—most advice would be released proactively when the framework document was released

  • Request for advice on daylight savings and 2011 Rugby World Cup

    Case notes
    Anticipatory advice—no opinions or recommendations—s 9(2)(f)(iv) does not apply—public interest in disclosure—issues of national importance demand timely transparency

  • 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 draft answers to parliamentary questions

    Case notes
    Draft answers to parliamentary questions protected by s 9(2)(f)(iv)—parliamentary process sufficiently held the Minister to account

  • Request for details of 404 land covenants

    Case notes
    Complaint about s 18(f) refusal resolved by release of other information

  • Request for advice on electoral finance

    Case notes
    Request for advice generated on Government’s proposals for electoral finance—advice formed part of ongoing process and no decisions had been made—s 9(2)(f)(iv) provides good reason to withhold

  • Request for CAB 100 forms

    Case notes
    Request for all CAB 100 forms since the 2005 general election—convention of confidentiality surrounding the Government’s political consultation processes—public interest in disclosure not sufficiently compelling to outweigh the need to withhold under s 9(2)(f)(iv)—need for confidentiality extended beyond the resolution of the particular issues—at least as long as the particular governmental arrangement endured

  • Charge for supply of information about Maori interests in the management of petroleum

    Case notes
    Charge avoided by allowing inspection subject to conditions

  • Immigration New Zealand unreasonable to rely on inaccurate and prejudicial health information when declining permit

    Case notes
    Whether Immigration New Zealand was reasonable to decline to grant a work permit on health grounds because the applicant had active multidrug-resistant tuberculosis—Ombudsman concluded INZ policy and case law requires an applicant to be given a reasonable opportunity to comment on information which is potentially prejudicial to an application before a decision is made

  • Request for list of reports received by Minister

    Case notes
    Request for four months worth of dates, titles and reference numbers of reports—decision making and quality assurance did not constitute ‘collation’ or ‘research’—release with caveat would address issues around reliability of data—s 18(f) did not apply, particularly in light of ability to extend time to respond

  • Request for advice relating to Amendment Bill

    Case notes
    Cabinet had approved legislative proposals in principle but still key steps to be taken before Bill could be introduced to the House—confidentiality required in order to protect the executive government’s ability to develop and negotiate political support for the draft legislation, in a timely and orderly fashion—s 9(2)(f)(iv) applies—opportunities for public participation in legislative process once draft legislation introduced

  • Request for Ministerial briefing on citizenship review

    Case notes
    Information not of an advisory nature—information not related to executive government decision making process—s 9(2)(f)(iv) does not apply

  • Request for medical waiver statistics

    Case notes
    Task involved in manually reviewing tens of thousands of applications was ‘substantial’

  • Request for numbers of staff with criminal convictions

    Case notes
    Request involved manual search of over 4,500 files and 2000 hours—refusal under s 18(f) justified

  • 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

  • Immigration New Zealand conducts unreasonable interview for residence applicant

    Case notes
    Immigration New Zealand (INZ) accepts its interview of residence applicant had been unreasonable and offered fresh assessment following Ombudsman’s investigation

  • Department of Internal Affairs not unreasonable to follow legislation regarding citizenship application for adopted Russian child

    Case notes
    Citizenship—citizenship by descent approval dependent on overseas clarification

  • 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.

  • 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

  • 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