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45 Resources Show all

  • OIA compliance and practice in New Zealand Customs Service 2022

    Official Information Practice Investigations
    This report was released as part of ‘Ready or not?’, an investigation into OIA practices at 12 core agencies.

  • Request for MSD historic claims guidebook

    Case notes
    Complaint about the decision to withhold a document containing procedures and guidance under section 9(2)(j) of the Official Information Act—section 9(2)(j) did not apply—engagements conducted on a ‘take it or leave it’ basis are not clearly ‘negotiatio

  • Negotiations work sheet

    Template letters and worksheets, Worksheets and other resources
    This summary work sheet will help you to decide whether there is good reason to withhold official information under the negotiations withholding ground.

  • Negotiations: A guide to section 9(2)(j) of the OIA and section 7(2)(i) of the LGOIMA

    Official information
    This is a guide to the negotiations withholding ground found in section 9(2)(j) of the OIA and section 7(2)(i) of the LGOIMA.

  • Request for list of proposed Significant Natural Areas

    Case notes
    Negotiations concluded—s 7(2)(i) does not apply

  • Request for information about staff grievances and allegations of bullying

    Opinions
    Sam Sherwood, on behalf of Stuff, made a request to Selwyn District Council for information about staff grievances and allegations of bullying.

  • Request for draft reports prepared by EY on Information Services

    Case notes
    Draft reports were in fact final reports—some information publicly available—negotiations had been concluded—neither s 7(2)(c)(ii) nor s 7(2)(i) apply—significant public interest in release to promote transparency of Council’s decision making processes and accountability for expenditure of ratepayer money

  • Request for Skypath business case and procurement plan

    Case notes
    Releasing business case and procurement plan would unreasonably prejudice the commercial position of the private partner in a public private partnership—withholding strengths and weaknesses of negotiating position necessary to enable Council to carry on negotiations without prejudice or disadvantage—ss 7(2)(b)(ii), 7(2)(c)(i), 7(2)(i) apply

  • Request for cost of recruiting Vice-Chancellor

    Case notes
    Release of total cost would not unreasonably prejudice third party’s commercial position—no specific negotiations—release of total costs would not deter businesses from treating with government—public interest in accountability for spending public money

  • Request for price of successful tenderer (weekly license fee to operate and occupy Riverbank Market)

    Case notes
    No need to withhold successful tender price—s 7(2)(i) does not apply—public interest in release to promote integrity and transparency of tender process

  • Request for information associated with PHARMAC’s 2016/17 budget bid

    Case notes
    PHARMAC did not have a commercial position and was not engaged in commercial activities—s 9(2)(j) applies to information about PHARMAC’s willingness to pay for pharmaceuticals but not to PHARMAC’s indicative budget in out-years

  • Request for correspondence about Total Mobility Scheme

    Case notes
    Revealing the respective positions and concerns of the parties to the negotiation would lead to reduced cooperation and information sharing, and decrease likelihood of compromise—s 7(2)(i) applies

  • Request for amount budgeted for staff remuneration

    Case notes
    Releasing staff remuneration budget would undermine the Council’s bargaining position and prejudice ability to negotiate effectively with staff and representatives—s 7(2)(i) applies

  • Request for information about Hauraki Treaty negotiations

    Case notes
    Release would prejudice the goodwill of the parties and the progress of the negotiations—s 9(2)(j) applies

  • Energy Efficiency and Conservation Authority not unreasonable in tender process

    Case notes
    Complaint about tender process when tenderer found its partner had also bid individually but was not informed by EECA—Ombudsman concluded the process followed was not unreasonable and had already been reviewed by independent reviewer

  • Request for information about DHB’s dispute with South Link Health

    Case notes
    Releasing statement of claim in breach of confidentiality agreement would disadvantage the DHB by diminishing trust and goodwill between the parties—releasing report would disadvantage the DHB by assisting the other party to counter DHB’s position—public interest in disclosure outweighed the need to withhold the statement of claim but not the report

  • Request for information about dispute between South Link Health and Southern District Health Board

    Case notes
    Good reason to withhold information that would reveal negotiating position and strategy or further deteriorate the relationship between the parties—s 9(2)(j) does not apply to some factual information and information that was known to the other party to the negotiation

  • Request for rent paid for transmission and broadcast sites

    Case notes
    Requester could use knowledge of other site rental rates to try and obtain a higher rate in their rent review—s 9(2)(j) applies

  • Adequacy of ex gratia payment to remedy mistake by Customs

    Case notes
    NZ Customs officer rejected passenger on flight because water damage on passport—Ombudsman found officers failed to process the passport adequately and caused considerable cost to passenger because of this failure—complainant upheld and complainant received full payment to cover financial losses

  • Department of Internal Affairs provides reasonable service and advice to traveller on temporary passport

    Case notes
    Whether the Department of Internal Affairs (DIA) reasonably handled revalidation of a passport for New Zealand citizen travelling on temporary passport—Ombudsman concluded DIA had made every effort to inform the complainant of the steps needed to have his passport validated

  • Request for CERA property valuation reports

    Case notes
    Much of the information already available to the requesters—disclosing the remaining information about how the valuations were reached would not prejudice or disadvantage CERA in negotiations with property owners, but make the negotiations more robust with both sides fully informed—strong public interest in disclosure to address power disparity between negotiating parties—s 9(2)(j) does not provide good reason to withhold

  • Request for costing and liability information concerning the grounding of the MV Rena

    Case notes
    Release of information about costs incurred in responding to the grounding would give advance notice of the Crown’s negotiating position—s 9(2)(j) applies but not to information that was known to both parties and in the public domain

  • Request for emails between Costamare and Maritime New Zealand regarding the MV Rena

    Case notes
    Releasing emails between the parties during the negotiations would prejudice willingness of the parties to participate in the negotiation in an open manner—s 9(2)(j) applies

  • Request for advice about SkyCity convention centre

    Case notes
    Necessary to withhold strategy and bottom lines to enable the Crown to carry on negotiations with SkyCity—s 9(2)(j) applies

  • Request for Landcare report on Balmoral Pastoral Lease

    Case notes
    The risk of lobbying and media attention is not a prejudice or disadvantage in terms of s 9(2)(j)

  • Request for record of Council’s meeting with neighbour

    Case notes
    Releasing the record of a meeting conducted on a confidential and without prejudice basis would make it harder to resolve the matter and disadvantage the Council in its negotiations—s 7(2)(i) applies

  • Request for information about initiatives to end whaling in the Southern Ocean

    Case notes
    Release would jeopardise relations with other parties to IWC negotiations and prejudice their willingness to share information—s 9(2)(j) applies

  • Request for draft agreement to investigate, construct and operate a windfarm

    Case notes
    Releasing draft agreement would damage the relationship between the Council and the company, and make it more difficult for the Council to conclude the negotiations successfully—s 7(2)(i) applies

  • 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

  • Report on complaints arising from aerial spraying

    Systemic investigations
    In June 2003 I received complaints from Ms Jane Schaverien, then of Auckland but now of Wellington, to investigate under the Ombudsmen Act 1975 the question whether the information given to Ministers by the Ministry of Agriculture and Forestry was inadequate regarding the possible dangers associated with the widespread concentrated use of Foray 48B in West Auckland, and in relation to the Ministry of Health, whether the Ministry had failed to pursue its responsibilities under the Health Act, 1956, or had abdicated those responsibilities in favour of the Ministry of Agriculture and Forestry. In September 2003 I received a complaint from a Hamilton resident, Ms Michelle Rhodes, in generally similar terms regarding the Ministry of Agriculture and Forestry. These complaints arose from the aerial spraying operations carried out on behalf of the Ministry of Agriculture and Forestry in West Auckland to eliminate the Painted Apple Moth, and in parts of Hamilton to eliminate the Asian Gypsy Moth. In relation to West Auckland these operations began on a comparatively small-scale in January 2002, they were continued on a much larger scale through to May 2003, and were finally completed in May 2004.

  • Request for risk assessment report on Hut Creek Mine

    Case notes
    Release would prejudice or disadvantage agency’s negotiations to acquire mining permit— s 9(2)(j) applies

  • Department of Conservation unreasonable to cease administrative practice without notice

    Case notes
    Department of Conservation to discontinue without notice a practice which people had come to reasonably rely on—Ombudsman concludes it was unreasonable to cease this administrative practice without notice