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  • 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 comparing preferred and declined proposals

    Case notes
    Requested document did not exist but would need to be created—s 18(e) applies
  • 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 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.
  • 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
  • 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 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
  • Department of Corrections required to state reasons for security classification

    Case notes
    Prison inmate complained that his security classification had been unreasonably assessed and Ombudsman concluded the Department failed to provide ‘strong reasons’ (which must be stated)—Ombudsman found the Prison officers had based their classification on uncorroborated, unrecorded, verbal statement made by another inmate—Ombudsman upheld complaint based on inequitable situation that would result if prison relied solely on this information, however, the inmate released before any recommendation could be made
  • Department of Corrections revises guidelines on implications for visitors possessing drugs

    Case notes
    Prison banned inmate’s family members from visiting for 12-months after small amount of cannabis found in their possession—the inmate complained that the duration of ban was unreasonable but the Department of Corrections noted it had zero tolerance policy for drugs with an automatic 12-month prohibition order to be placed on anyone found with them on prison property—Ombudsman concluded blanket ban unreasonable and the Department agreed each case to be considered on merits and prepared guidelines for prisons—Ombudsman advised inmate to apply for a review of prohibition order under the new guidelines
  • 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 a police report relating to the Cave Creek tragedy

    Case notes
    Request for a Police report relating to the Cave Creek tragedy—existence of the report confirmed—search undertaken in Christchurch, Greymouth and Wellington—author of report consulted, as well as members of the Commission of Inquiry—report unable to be found
  • Request to Reserve Bank regarding advice it had prepared relating to New Zealand Post's banking proposal

    Case notes
    Series of questions put to Reserve Bank—whether information was held by the Reserve Bank or whether it would have to be created in order to answer questions—one question sought factual information which was held—remainder of the questions sought opinions which could be refused under s 18(g)
  • Department of Corrections failed to meet requirements before placing inmate in restrictive regime

    Case notes
    Department of Corrections placement of inmate on restrictive regime designed for the most disruptive inmates unreasonable because criteria for placement not met—placement deemed unreasonable—inmate immediately returned to mainstream
  • Department of Corrections applies prison visiting rules too rigidly

    Case notes
    Special family visit to inmate denied—decision contrary to Department's national standard—prison agreed to review its local instructions to ensure consistency with spirit and intent of national standard
  • Department of Corrections delays prisoner release when segregation order expired

    Case notes
    Delayed release from ‘precautionary segregation’—complaint upheld—implementation of computerised bring-up system to avoid recurrence of problem—no recommendation necessary
  • Request to Crown Law Office for legal advice given to Minister

    Case notes
    Request to Crown Law Office for legal advice given to a Minister—no information falling within the scope of the specific request—legal advice had been given by Attorney-General—information held solely on behalf of Attorney-General as first Law Officer of the Crown—not official information
  • Department of Corrections required to review process for media contact with inmates

    Case notes
    Access to prison inmates by the news media—conflict between procedural manual and communications policy—policy to be reviewed to ensure consistency with procedures
  • Department of Corrections protocol with Ombudsman regarding death in custody

    Case notes
    Death in custody—application of Protocol between Department of Corrections and Office of the Ombudsmen—issues arising from monitoring departmental investigation—need for improved communication, videotaping, fire safety and emergency procedures
  • Request for information regarding contact between Board members and news staff

    Case notes
    Request to Television New Zealand for information concerning contact between Board members and news/current affairs staff—reasonable effort must be made to find relevant information
  • 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)
  • Department of Corrections reasonably held inmate in segregation

    Case notes
    Unreasonable placement of inmate on precautionary segregation—written material found in his cell which reflected on the safety of prison staff—placement not deemed unreasonable
  • Department of Corrections should explain reasons for declining application to be excused from PD reporting

    Case notes
    Refusal of application to be excused from reporting for periodic detention—incomplete explanation given at the time—reasons and apology provided—Criminal Justice Act 1985, s 41(3)