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187 Resources Show all

  • 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 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 ACC notice board bulletin

    Case notes
    Requester sought a copy of ACC notice board bulletin - bulletin contains commentary and advice on various court decisions - prepared by practising solicitor in his professional capacity - purpose is to give general legal advice to case managers who routinely request and rely upon it - refused under s 9(2)(h) - legal professional privilege applies - no waiver even though it was distributed widely amongst ACC staff - marked confidential and subject to privilege - no public interest in release that outweighed strong public interest in ensuring privilege is maintained.

  • 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

  • Request for Crown Law opinion

    Case notes
    Request for Crown Law opinion that Creative NZ referred to in correspondence—withheld under s 9(2)(h)—legal professional privilege attached to information—whether partial disclosure of contents of opinion sufficient to constitute waiver—s 9(2)(h) applied

  • 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

  • Appeal to Immigration’s Removal Review Authority not dependent on timeliness of visa application process

    Case notes
    Delay in processing application for further visitor’s permit does not hinder an appeal to the Removal Review Authority - Visitor lodged application for further visitor’s permit on day his current permit expired – NZIS advised him 82 days later that his application was declined – also advised him that he should have lodged an appeal against removal 40 days ago – visitor aware of expiry date of original permit and of requirements when seeking a further permit – Ombudsman did not consider NZIS application process or advice was unreasonable – appeal rights to Removal Review Authority not dependent on timeliness of application process – no grounds for Ombudsman to investigate

  • Request for advice relating to an independent review, including legal advice transferred between agencies

    Case notes
    Request for information relating to independent review of PHARMAC’S Operating Policies and Procedures—some information withheld as it was considered legally privileged—legal advice transferred between agencies did not constitute a waiver of the privilege—common interest privilege applied

  • 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

  • Immigration Service fails to provide adequate information about nature of its investigation

    Case notes
    Immigration New Zealand allegedly unfair processing of refugee quota cases—INZ initially did not uphold complaint following own departmental investigation—complainant not satisfied his concerns were seriously investigated—Ombudsman found complainant should have been more fully informed of nature and extent of inquiries made

  • Immigration Service allows visa extension applicant to approach Minister where original visa granted as Special Direction

    Case notes
    Holder of eight week visitor’s permit applied for further visitor’s permit—application declined—original permit issued pursuant to special direction by Minister—NZIS had no discretion to grant further permit—applicant denied opportunity to approach Minister for further permit—NZIS agreed to allow applicant time to do so before instituting removal procedures

  • Immigration Service delay to seek refugee status information was reasonable

    Case notes
    Length of time taken to complete inquiries in relation to refugee status of complainant—NZIS had not caused significant delays—difficulties in obtaining crucial information—NZIS did not act unfairly or unreasonably

  • Department of Internal Affairs reviews requirement for ‘country of birth’ statement in passports

    Case notes
    Request that country of birth not be recorded on passport—format of passports determined by internationally agreed standards of International Civil Aviation Organisation—no capacity at present to produce non-standard passports—design of passports to be reviewed

  • 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 policy on settling disputes

    Case notes
    Request for policy on settling disputes—information withheld on basis of legal professional privilege—consideration of s 22 and relationship with s 9(2)(h)

  • Request for advice given by Queen’s Counsel

    Case notes
    Request for advice given by Queen’s Counsel—whether information subject to legal professional privilege—purpose for which information was brought into existence—whether other considerations warranting disclosure in the public interest

  • 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

  • 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

  • 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)

  • Immigration Service not required to consult original employer of overseas employee about new job

    Case notes
    Employee resigned from business which had recruited him from overseas—business knew employee was working for another company but was concerned that it had not been advised of this situation, given the original employee’s obligations for maintenance of person while in NZ—Ombudsman found Immigration Service not obliged to consult with original employee in this situation and the person was in NZ lawfully—Immigration noted original business’s concerns and agreed with the Ombudsman that it would, as a matter of fairness, advise the original business that it was no longer required to be responsible for either the maintenance of the employee or his repatriation, should that prove necessary