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149 Resources Show all

  • 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 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

  • 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

  • Agreement by ACC to stop regular rehabilitation assessments in light of information it already holds

    Case notes
    Whether the Accident Compensation Corporation (ACC) was reasonable to carry out regular assessments of a claimant for vocational rehabilitation despite already holding medical and occupational assessments confirming the claimant’s limitations—Ombudsman concluded this was not reasonable in the circumstances

  • 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

  • Transfer of request for information on Bill from Ministry of Justice to Associate Minister

    Case notes
    Researcher complained that transfer had the effect of narrowing the scope of his request— complaint reviewed under OA—information ‘more closely connected’ to functions of Associate Minister—decision to transfer request was reasonable

  • Transfer of request from Tertiary Education Commission to Associate Minister of Education (Tertiary Education)

    Case notes
    Minister had instructed Commission to transfer all requests regarding a training centre for his consideration—OIA does not provide for blanket policy to transfer all requests on a subject— Commission must consider requests on case by case basis—information in this case not more closely related to functions of Associate Minister—decision to transfer request contrary to law

  • Decision to transfer OIA request based on identity of requester

    Case notes
    Request for official information specifically held by Ministry of Education—Ministry transferred request to Minister of Education on the basis that the information was more closely connected to the functions of that Minister—request specifically for information held by Secretary and Ministry officials—Ministry advised Chief Ombudsman that decision to transfer based on a directive that all media requests should be transferred to Minister for reply—not sufficient grounds for transfer under s 14(b)(ii)—complaint sustained—Ministry reviewed its processes for transferring requests

  • Transfer of media request from Ministry of Education to Minister

    Case notes
    Requested information not more closely connected with the Minister’s functions—blanket policy to transfer all media requests to Minister unlawful

  • ACC delay to obtain opinion from Crown Solicitor unreasonable

    Case notes
    A 17 month delay by ACC in deciding whether to prosecute claimant for fraud but this delay due to 16 month delay by Crown Solicitor in providing ACC with written legal opinion — Ombudsman unable to investigate actions of Crown Solicitor but could consider how ACC dealt with the delay—three emails by ACC sent in 13 month period, then a formal request sent in writing for legal opinion—no agreed timeframes for when advice could be expected and Ombudsman of view that it was unreasonable for ACC to wait 14 months before formally raising concerns about the delay with the Crown Solicitor—ACC apologised to complainant and agreement reached between ACC and Crown Solicitor that legal opinions will be provided within 21 days of receipt of request

  • ACC required to contribute towards client’s travel costs to attend hearing

    Case notes
    ACC client had difficulties with Individual Rehabilitation Plan and case manager—weekly earnings stopped—client sought review and later appealed decision to District Court but before hearing took place client moved to another town and had new IRP and case manager, and the earnings were reinstated—the client chose to continue with appeal in District Court but the appeal was unsuccessful—ACC refused to reimburse client for travel expenses but Ombudsman held this decision unreasonable

  • 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

  • Request for comments on early draft cabinet papers

    Case notes
    Request for documents regarding Kyoto Protocol—information contained initial Treasury comments on draft versions of cabinet paper—part of informal consultation early in policy making process—concern that release would result in officials being less co-operative and formalise the process—withholding necessary to maintain effective conduct of public affairs

  • ACC has responsibility to meet statutory obligations despite uncooperative claimant

    Case notes
    Refusal to compensate for alleged ‘wrongful action’ – independent review of case incomplete because of complainant’s behaviour—treatment and rehabilitation compromised by stand-off between claimant and Corporation—complaints sustained and recommendations made but rejected by Corporation—Accident Insurance Act 1998

  • Accident Compensation payment backdated but delay to repay

    Case notes
    ACC claimant originally declined attendant care payment and review of decision found that claimant was entitled to payments and they should be backdated to 1983—ACC accepted review decision but payments not forthcoming. Claimant’s family complained to Ombudsman and ACC explained it was in the process of calculating amount owed and expected negotiations to begin shortly—Ombudsman kept informed on progress—meetings between ACC and claimant’s family occurred with final amount calculated and preparations made for payment to be forwarded upon appointment of claimant’s property manager—Ombudsman discontinued enquiries

  • Request for communications between Chief of Defence Force and Prime Minister

    Case notes
    MP requested information on the restructuring of the NZDF—two letters from the Chief of Defence Force to the Prime Minister regarding draft reports withheld under s 9(2)(g)(i)—distinction between substantive comment about draft reports and minor editorial suggestions—substantive comments were recordings of Chief of Defence Force’s free and frank discussions with Prime Minister—part of Chief of Defence Force role is to advise Prime Minister but he would not have reduced comments to writing if he had thought they would be made public—free and frank comments needed to maintain constructive working relationship with Prime Minister—s 9(2)(g)(i) applied to substantive comments but not to remaining information

  • Request for early stage policy advice relating to paid parental leave

    Case notes
    Request for information relating to paid parental leave policy—information withheld to maintain collective ministerial responsibility, protect confidentiality of advice and free and frank exchange—in the circumstances no good reason to withhold

  • Request for minute from Chief of Air Staff to Chief of Defence Force

    Case notes
    Request for minute from Chief of Air Staff to Chief of Defence Force regarding return of aircraft to Samoa to uplift a civilian passenger—minute contained free and frank expressions of opinion—factual information and summary of opinions released—manner in which opinions expressed particularly frank—s 9(2)(g)(i) applied—public interest in release satisfied by release of summary

  • Request for draft answer to parliamentary question tendered by HNZ staff

    Case notes
    Request to Housing New Zealand Limited for alternative Parliamentary answers prepared for Minister of Housing—request refused under s 9(2)(g)(i)—ss 9(2)(f)(iv) and 9(2)(ba)(ii) discussed—meaning of ‘officials’—obligation of confidence applied—s 9(2)(ba)

  • Request to the Treasury for information relating to work on social assistance policy

    Case notes
    Request to the Treasury for information relating to work on social assistance policy—information withheld under s 9(2)(f)(iv)—information directly connected to advice to be ‘tendered’ to Ministers—release would disrupt the ability of the Minister to consider Ministry’s advice—public interest did not outweigh need to withhold

  • ACC’s Advisory Committee Members cannot provide independent opinions on cases they then later consider

    Case notes
    Lack of independence alleged on part of medical expert—provider of independent advice also had deliberative role—perception of possible predetermination—complaint sustained and recommendation made—Accident Insurance Act 1998

  • ACC withheld document favourable to complainant’s case for review and accepted Ombudsman’s view that its service was inadequate

    Case notes
    Incomplete copy of file supplied—document favourable to claimant not revealed until after successful review—inadequate explanation offered—apology and remedial action instituted—Accident Insurance Act 1998

  • Request for risk management plans relating to establishment of District Health Boards

    Case notes
    Request for risk management plans relating to establishment of District Health Boards—information withheld in reliance upon s 9(2)(f)(iv)—public interest in release of information in summary form

  • Request for advice provided to government regarding the pre-funding of superannuation

    Case notes
    Information withheld to protect confidentiality of advice—account taken of changed political environment since the advent of MMP—early release of papers prior to consultation with coalition partner could undermine constitutional convention

  • Request for communications between Minister of SOEs and other parties in respect of policy announcement about TVNZ

    Case notes
    Request for communications between Minister of SOEs and other parties in respect of policy announcement about TVNZ—information at issue comprised oral communications with Cabinet colleagues preceding policy announcement—withholding necessary to protect constitutional convention protecting collective and individual ministerial responsibility

  • Request for Defence Force National Real Estate Review

    Case notes
    Request for Defence Force National Real Estate Review—information withheld on basis of need to protect confidentiality of advice—report prepared by external consultants and submitted to Minister—information not advice tendered by officials—recommendation that report be released—report released with contextual statement

  • Charge for information requested from the Minister of Revenue

    Case notes
    Request by Parliamentary Research Unit to Minister of Revenue—convention for requests to be made to appropriate Minister and not to charge for supply of information—information held by Inland Revenue Department—request not transferred by Minister but responded to by Department— ss 13, 14, 15, 18(f).

  • Request for Consultative Draft District Plan

    Case notes
    Consultative Draft District Plan refused under s 7(2)(f)(i)—information did not meet requirements of that section—no statutory prohibition in Resource Management Act which prevents information being made available before the date of notification—Resource Management Act 1991, s 35(2)

  • New Zealand Customs Service questioned over acceptance of deposit pursuant to legislation

    Case notes
    Refusal to pay interest following resolution of dispute over Customs value of goods—whether relevant documentation provided at the time of importation—whether s 140 of the Customs Act 1966 (repealed) conferred authority on Department to take deposit—investigation discontinued following discovery that company did not exist as legal entity at the time complaint was made