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32 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.

  • Requests to Ministry of Health and ESR for Covid-19 cycle threshold values

    Case notes
    Information requested initially refused for privacy reasons. The agencies subsequently focused on section 9(2)(c) of the OIA (to avoid prejudice to public health or safety measures).

  • WorkSafe’s decision not to formally investigate an incident

    Case notes
    Complaint about WorkSafe’s decision not to investigate and lay charges following an accident causing injury – failure to consider all relevant information – failure to engage meaningfully with the complainant – no evidence that documents had been fa

  • The OIA for Ministers and agencies: A guide to processing official information requests

    Official information
    The purpose of this guide is to assist Ministers and government agencies in recognising and responding to requests for official information under the OIA.

  • The LGOIMA for local government agencies: A guide to processing requests and conducting meetings

    Official information
    The purpose of this guide is to assist local government agencies in recognising and responding to requests for official information under the LGOIMA.

  • Making official information requests: A guide for requesters

    Official information
    If you are seeking information from a Minister, or central or local government agency, you may be able to ask for it under either the OIA or LGOIMA.

  • Requests for reasons for a decision or recommendation: A guide to section 23 of the OIA and section 22 of the LGOIMA

    Official information
    This is a guide to requests made under section 23 of the OIA (section 22 of the LGOIMA).

  • Dealing with OIA requests involving Ministers: A guide to transfer, consultation, and the notification of decisions on OIA requests

    Official information
    This guide provides advice for agencies dealing with OIA requests where Ministers might need to be involved.

  • 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 reasons about unsuccessful reappointment

    Case notes
    Extent of detail required in response to s 23 request depends on circumstances of particular case – a requester may still have questions after they receive statement of reasons but that does not mean statement is inadequate – s 23(2A) only protects evaluative material that has been ‘supplied’ by someone else

  • 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

  • Request for reasons about non-appointment

    Case notes
    Inadequate statement of reasons – more detail and specificity necessary to meet the requirements of s 23

  • Complaint that notice of meeting did not comply with LGOIMA provisions and meeting minutes were not a true and correct record

    Case notes
    Member of public concerned that notice of meeting did not comply with relevant LGOIMA provisions and minutes of meeting were not a true and correct record—Ombudsman satisfied that meeting notified correctly—Ombudsman formed view that allowing one member of public to address subcommittee did not amount to a public forum and printing resolution on agenda was not sufficient to meet requirements of s 48(4)(a)—Council agreed to amend minutes and take steps to ensure staff aware of legal requirements

  • 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

  • Request for tape recording of Council Committee deliberations

    Case notes
    Property owner sought tape recording of Council Committee deliberations (public excluded) on his application for a resource consent—withheld under s 7(2)(f)(i)—basis for public exclusion invalid but withholding grounds still available to Council—information on tape recording consisted of free and frank expression of opinions which, if released, would harm ‘the effective conduct of public affairs’ by hampering, delaying or preventing future resource consent processes—no countervailing public interest considerations favouring release that would outweigh the need to protect information

  • Decision of University Council Committee to impose conditions on use of information

    Case notes
    Decision of University Council Committee to place an ‘embargo’ on the release of information considered by the Committee—embargo prevented any independent report on the information considered by the Committee until the next meeting of the Council of the University—meeting open to public—requester entitled to a copy of the agenda, subject only to the payment of the prescribed amount

  • Request for Department’s reasons for declining application

    Case notes
    Department maintains it had given its reasons previously, in writing and verbally on many occasions—requirements of s 23 had not been met—compliant statement of reasons provided

  • Request for reasons for decision made three years earlier

    Case notes
    Request for reasons for decision made three years earlier—request declined on grounds it was not ‘made within a reasonable time of the making of the decision’—decision to decline request upheld

  • 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).

  • 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

  • Request for information framed in terms of section 23

    Case notes
    Request framed in terms of s 23—Crown Law sought details of requester’s personal interest in information at issue—requester objected on grounds of his right to seek information—Crown Law had not acted improperly in seeking further information from the requester—if an organisation fails to recognise that a request falls within the scope of s 23 and by error processes it pursuant to the more general provisions in Part 2 of the Act, a requester may be deprived of information to which he or she is entitled—no formal investigation—requester invited to advise Crown Law whether he had any personal interest in the decision in question

  • Department of Conservation resolves impasse concerning ivory-key piano held by New Zealand Customs

    Case notes
    Refusal to release piano imported from United Kingdom—family heirloom from 1920s—need for approval of Department of Conservation under CITES because of ivory content—conflict between New Zealand legislation implementing CITES and European Community Regulations—impasse resolved by acceptance of statutory declaration by family—conflict to be raised with CITES Secretariat

  • Request for reasons for mark awarded for university honours paper

    Case notes
    Request for reasons for mark awarded for university honours paper—refused on grounds information did not exist in documentary form and was not readily retrievable—obligation to provide statement under section 23—statement provided

  • Request for statement of reasons for non-appointment to board

    Case notes
    Request for statement of reasons for non-reappointment to board—matter pursued by third party with consent—information refused under s 9(2)(a)—statement of reasons provided to person not reappointed

  • Inappropriate public exclusion by local authority

    Case notes
    Decision of local authority’s Environmental and Planning Committee to exclude the public from part of a meeting at which a draft regional policy statement was considered—inappropriate use of s 48(1)(d)

  • Request for reasons for decision not to interview job applicant

    Case notes
    Request by unsuccessful applicant for statement of reasons for non-selection for interview—vague, non-specific statement provided—following review fuller statement identifying factors taken into account provided

  • Request for polytechnic financial report

    Case notes
    Financial report not free and frank expression of opinion—linkage between information and expression of opinion—what constitutes improper pressure or harassment—section 9(2)(g)(i) not a ground for exclusion of public from meeting

  • Request for copies of referee reports

    Case notes
    A requester sought copies of referee reports in respect of course she had applied for—refused under s 27(1)(c)—two reports subsequently released with the referees’ consent—third report was evaluative material—implied promise of confidentiality had been provided to the referee—whether other factors made it unfair to withhold—s 23 relevant—institute could withhold report if a statement of reasons was provided