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  • Request for draft public consultation document

    Case notes
    Only minor differences between draft and final consultation document—final consultation document was publicly available—release would not inhibit the free and frank expression of opinions necessary for the effective conduct of public affairs
  • Request for internal discussion paper on privatisation

    Case notes
    Two drafts of an internal discussion paper commissioned by Treasury’s Executive Leadership Team—Government had not sought advice on the issue—s 9(2)(g)(i) provides good reason to withhold
  • Request for policy advice behind merger of Archives and National Library

    Case notes
    Release of formal advice to Ministers about abandoned options after decisions had been made would not inhibit the free and frank expression of opinions by officials—s 9(2)(g)(i) does not apply
  • Request for audit information regarding JobPlus scheme

    Case notes
    Draft audit report was identical to final audit report—no good reason to withhold the final audit report so no good reason to withhold the draft—good reason to withhold auditor’s informal and early working papers under s 9(2)(g)(i)—disclosure of the working papers would make auditors more circumspect in what they record, and when and how they record it
  • Request for Minister/Chief Executive discussions

    Case notes
    Disclosure of full record of recollection of discussion between Minister and Chief Executive would inhibit future expression of free and frank opinions—summary of recollection released
  • Request for all information about an audit

    Case notes
    Section 9(2)(ba)(i) OIA applied to staff interview records—implied obligation of confidence—release would be likely to prejudice the future supply of information to auditors—it is in the public interest for staff members to cooperate with audits—s 9(2)(
  • Request for auditor’s working papers

    Case notes
    Disclosure of auditor’s scoping discussions and working papers would make auditors more circumspect in what they record, and when and how they record it—good reason to withhold under s 9(2)(g)(i)
  • Request for staff named in emails about genetically modified corn

    Case notes
    Section 6(d) OIA did not apply—no real and objective risk of danger to safety—s 9(2)(g)(ii) OIA did not apply—many of the names were already publicly available in connection with this issue and no harm had ensued—section 9(2)(g)(i) OIA did not apply—inf
  • Request for public submissions on draft standard

    Case notes
    Members of the public with a vested interest in developing standards would not be deterred from expressing their opinions in future
  • Request for report on DHB governance issues

    Case notes
    Disclosure of report at time of request would have inhibited expression of free and frank opinions by officials—but passage of time and change in circumstances had diminished the likelihood of such prejudice—senior public servants would not be inhibited from expressing free and frank opinions in future
  • Ministry of Agriculture’s aerial spray programme had unreasonable impact on population

    Case notes
    Ministry of Agriculture and Fisheries—Ministry of Health—actions in relation to the aerial spraying of Foray 48B (to eliminate the Painted Apple Moth) in West Auckland and Hamilton—inadequate advice to ministers about impact of spray operations
  • 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
  • Canterbury District Health Board received inadequate advice about historic place

    Case notes
    District Health Board’s decision to sell land around disused hospital in Hanmer Springs—requirements for consultation discussed—requirement for keeping open mind referred to—an inadequate summary of submissions provided to Board—Department of Conservation asked to reassess site
  • Request for documentation about ‘Ageing in Place’ contract

    Case notes
    Release of detailed proposals and component prices would have an adverse effect on tenderers’ responses to future tenders issued by the DHB, which would damage the public interest—s 9(2)(ba)(ii) OIA applies—release would have an inhibiting effect in future on the quality of the documentation associated with the DHB’s contract negotiations and tender evaluation, which would be prejudicial to the future conduct of such tenders—s 9(2)(g)(i) applies
  • 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 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 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 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
  • Charge for supply of information about Maori interests in the management of petroleum

    Case notes
    Charge avoided by allowing inspection subject to conditions
  • 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
  • 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
  • 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
  • Ministry of Health reconsiders decision to charge for collation of information

    Case notes
    Requester sought draft and final copies of public health contracts for four financial years between Ministry of Health and 42 providers—Ministry agreed to release but subject to charge of $24,000—Ombudsman sought basis for charge—request for vast amount of information requiring substantial collation—charge applied in accordance with Ministry of Justice Charging Guidelines—however, Ministry had previously released part of requested information to an MP free of charge—Ombudsman did not consider it reasonable now to charge member of public for same information—Ministry agreed to review decision and release that particular information again free of charge and assist requester to refine request for outstanding information
  • 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 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
  • Medical Practitioners’ Disciplinary Tribunal outside Ombudsman’s jurisdiction

    Case notes
    Complaint about Medical Practitioners’ Disciplinary Tribunal decision to strike off a doctor and media coverage of the hearing—no jurisdiction to investigate—Ombudsman has discretion to investigate matters of administration with respect to the Health and Disability Commissioner’s investigation into the doctor’s medical practices but only if complainant has sufficient interest in the subject-matter of complaint and consent from the doctor
  • Failure by health funding body to honour undertaking by predecessor funding body to fund gender reassignment surgery unreasonable

    Case notes
    The Health Funding Authority (disestablished in 2001) was required to consider a complaint against its predecessor (Regional Health Authority) about an agreement by RHA to fund gender reassignment surgery—the RHA had initially agreed to fund this surgery but then changed its policy—the Ombudsman concluded that it was unreasonable for the RHA not to honour this undertaking on the basis of a subsequent change in policy and that its successor, the HFA should remedy the unreasonable actions of its predecessor—the HFA agreed with the Ombudsman’s recommendations to fund the gender reassignment surgery in the manner originally approved—as the HFA was by this time disestablished the matter was passed to the Ministry of Health for completion