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126 Resources Show all

  • 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

  • Ministry of Social Development has no authority to require beneficiary to appoint agent

    Case notes
    Illiterate beneficiary preferred to communicate verbally, frequently and often vociferously—the Ministry arranged for beneficiary’s solicitor to become agent—Ombudsman sought advice from Ministry as to authority it was relying on to request appointment of an agent—the Ministry confirmed there was no specific legislative authority— Ombudsman formed view that requirement unreasonable—complainant revoked agency and dealt directly with Ministry again

  • Superannuation Appeals Board reasonably relied on Crown Law advice

    Case notes
    Failure to give reasons for decision—reasons given in counsel’s written submissions adopted by Board—disclosure of reasons distinguished from merits of decision—Government Superannuation Appeals Board—Ombudsmen Act 1975—Government Superannuation Fund Act 1956, s 12(A)(2)

  • Department of Social Welfare and suspending debt recovery action while disputing the debt through the appeal process

    Case notes
    Failure to suspend debt recovery action pending appeals—reference to Social Security Appeal Authority decisions—Department’s general policy to suspend recovery action—policy applied on a case by case basis—discretion not to suspend recovery should not be fettered—application of policy should be consistent nationwide—circular outlining policy issued—manual to be revised

  • Request for access to building plans submitted for resource consent

    Case notes
    Request for access to building plans submitted for resource consent—plans marked ‘confidential’—plans amended—request declined for copyright and security reasons—public interest in effective participation in process—Building Act 1991, ss 27(1), 27(3)

  • 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)

  • 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

  • New Zealand superannuation commences on day application received

    Case notes
    New Zealand superannuation surcharge—timing of application for superannuation—superannuation payable from day application received—Income Tax Act 1994, s OB 1, Social Welfare (Transitional Provisions) Act 1990, ss 3 and 5

  • Request for details of risk management processes

    Case notes
    Request for details of risk management processes—relevant documents provided apart from the ‘risk register’—register consisted of free and frank expressions of opinion—release might undermine risk management strategy—public interest met by release of Risk Management Policy

  • Request for counselling guidelines published by the Abortion Supervisory Committee

    Case notes
    Request for counselling guidelines published by the Abortion Supervisory Committee—information withheld on grounds it would soon be publicly available—whether draft documents are ‘official information’—interpretation of ‘soon be publicly available’

  • Work and Income and balance of benefit debt waived

    Case notes
    Recovery of benefit overpayment by Income Support Service—existence of debt acknowledged—failure to provide breakdown of how debt arose—benefit file could not be located—balance of debt waived

  • Right of review available to Work and Income beneficiary over advance payment to spouse

    Case notes
    Wife of beneficiary granted advance on Invalid’s Benefit to pay power account without beneficiary’s knowledge or consent—beneficiary and wife later separated—advance recovered from beneficiary’s Invalid’s Benefit—beneficiary maintained Department had no authority to make advance—right of review available—further investigation precluded—Ombudsmen Act 1975, s 13(7)(1)(a)

  • 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

  • Tenancy Tribunal’s officer changed Tribunal hearing date without authority

    Case notes
    Tenancy Officer changed a hearing date which amounted to an adjournment—following the Ombudsman’s inquiries, the Ministry of Housing (which managed the Tenancy Tribunal) accepted the tenancy officer failed to follow the law when agreeing to change the date of the hearing after the landlord requested the change—the Ministry sent a memorandum to all staff clarifying the role of Tenancy Services where a party asked for a date change—apology sent to the complainant

  • Request for papers presented to Government leading to decision to withdraw troops from Bosnia

    Case notes
    Request for papers presented to Government leading to decision to withdraw troops from Bosnia—extensive deletions made under ss 6(a) and 6(b)—some further information released following the investigation and review

  • Request for names of ‘eminent New Zealanders’ consulted during preparation of Intelligence and Security Agencies Bill

    Case notes
    Request for names of ‘eminent New Zealanders’ who were part of the consultative process in preparing the Intelligence and Security Agencies Bill—request refused under s 9(2)(g)(i) —individuals consulted—in respect of those who advised that disclosure would inhibit them from giving free and frank advice to the Government in future, section 9(2)(g)(i) applied—need to withhold outweighed by countervailing public interest

  • Department of Social Welfare provides incorrect information about Superannuation

    Case notes
    Department of Social Welfare provides incorrect information about Superannuation

  • Request for copy of report about resource teachers of Maori

    Case notes
    Request to Minister of Education for report about resource teachers of Maori—request refused under s 18(d)—two months later report still not available—no reason under OIA to withhold information—Minister agreed to release report—release further delayed for purpose of consulting Associate Minister

  • Request for communications between Minister of Finance and the Reserve Bank

    Case notes
    Request for communications between Minister of Finance and the Reserve Bank regarding economic growth, monetary policy and inflation outlook—information withheld under ss 6(e)(iv), 9(2)(d), 9(2)(f)(iv) and 9(2)(g)(i)—markets are extremely sensitive and react to the most subtle signals—if released, Reserve Bank would be likely to become more guarded about what was said at, and recorded after, meetings with Minister—s 9(2)(g)(i) applied and no countervailing public interest considerations which outweighed need to withhold

  • Request for Annual Report of a State-Owned Enterprise

    Case notes
    Request for Annual Report of a State-Owned Enterprise—request refused under s 18(d)—ss 15(1) and 17(2)(b) of State-Owned Enterprises Act 1986 regulate manner in which Annual Report to be made available—s 52(3)(b)(ii)—s 18(d) applies provided release in accordance with statutory timeframes

  • Request for a copy of paper presented to Cabinet Strategy Committee

    Case notes
    Information deleted from position paper on pricing issues presented by ECNZ to Cabinet Strategy Committee—ss 9(2)(g)(i) and 9(2)(j) applied to some of the information—interest in withholding information in certain sections of the paper outweighed by strong public interest in disclosure—s 9(1)—electricity pricing has a direct widespread impact on a large number of New Zealanders

  • Request for information disclosed during confidential Ministerial briefing to sector group

    Case notes
    Request by Opposition for information disclosed during confidential Ministerial briefing to sector group—s 9(2)(g)(i)—effective conduct of public affairs—public interest balancing—accountability—need for transparency in Minister’s dealings with financial sector

  • Request for information relating to the setting up of the Special Committee on Nuclear Propulsion

    Case notes
    Request for information relating to the setting up of the Special Committee on Nuclear Propulsion—given the sensitivity of the nuclear propulsion issue and the context in which the information had been generated, the withholding of the information was necessary under ss 9(2)(f)(iv) and 9(2)(g)(i)—at the time of the review the balance of public interest favoured withholding the information requested—the overall public interest was better served in allowing the Special Committee to complete its review in an orderly manner

  • Request for Court Registrar’s report

    Case notes
    Report on aborted trial released with deletions—‘free and frank expressions of opinion’ by Registrar—no public interest override

  • NZ Superannuation Corporation provided incorrect advice incurring loss to complainant and offered ex gratia payment

    Case notes
    Incorrect advice—Government Superannuation Fund—Voluntary Severance

  • Department of Social Welfare and inadequate advice for unsupported child benefit

    Case notes
    Advice given by Department on availability of financial assistance—remedy for financial loss

  • Department of Social Welfare agrees to reconsider offer of severance payment for employee

    Case notes
    Application of redundancy provisions in Employment Agreement to part-time employee—part-time employment offered on permanent basis—employee made redundant after 60th birthday and excluded from severance provisions—department reconsidered and agreed to pay severance

  • Department of Social Welfare required to offer travel expenses to disabled person

    Case notes
    Reimbursement of travelling expenses pursuant to s.13 of Disabled Persons Community Welfare Act 1975—whether application by pregnant diabetic constituted permanent disability—Department decided specialist oversight necessitated by longstanding diabetic condition and approved payment

  • Department of Social Welfare and unfair repayment of a loan

    Case notes
    Department of Social Welfare-decision to require repayment of a suspensory loan granted under the Disabled Persons Community Welfare Act

  • Department of Social Welfare error in employment issue

    Case notes
    Dispute over offer of employment—remedy available under Employment Contracts Act— Ombudsman exercised discretion under s 130(a) to investigate—employment offer reinstated