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Ngā rauemi me ngā tānga

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145 Resources Show all

  • Charge for supply of information about Maori interests in the management of petroleum

    Case notes
    Charge avoided by allowing inspection subject to conditions

  • Immigration New Zealand unreasonable to rely on inaccurate and prejudicial health information when declining permit

    Case notes
    Whether Immigration New Zealand was reasonable to decline to grant a work permit on health grounds because the applicant had active multidrug-resistant tuberculosis—Ombudsman concluded INZ policy and case law requires an applicant to be given a reasonable opportunity to comment on information which is potentially prejudicial to an application before a decision is made

  • 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

  • Immigration New Zealand conducts unreasonable interview for residence applicant

    Case notes
    Immigration New Zealand (INZ) accepts its interview of residence applicant had been unreasonable and offered fresh assessment following Ombudsman’s investigation

  • Department of Internal Affairs not unreasonable to follow legislation regarding citizenship application for adopted Russian child

    Case notes
    Citizenship—citizenship by descent approval dependent on overseas clarification

  • Immigration New Zealand unreasonably fails to accept Court Order as evidence in work permit application

    Case notes
    Immigration New Zealand (INZ), declined an application for a work permit made under its victims of domestic violence policy—Ombudsman concluded INZ incorrect to ignore the evidence provided of domestic violence—INZ agreed to amend policy to include final protection orders as evidence of domestic violence

  • 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

  • Request for information contained in tender documents for upgrade of New Zealand’s Orion aircraft

    Case notes
    Requester sought information contained in the tender documents for the upgrade of New Zealand’s Orion aircraft—information contained details of the proposed functional upgrade of the aircraft—release would allow an informed reader to be aware of their resultant capabilities

  • 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 NZSIS files concerning two NZ scholars

    Case notes
    Writer sought NZSIS files on two individuals—Refused under s 6—bulk of information had been provided by overseas authorities under strict confidentiality agreements—various agencies consulted—some consented to release whereas others did not—complainant agreed to contact overseas agencies directly—ss 6(a) and 6(b) applied—release contrary to agreement would compromise quality and supply of similar information in future which would prejudice NZ’s security—some information released with identifiers deleted

  • 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

  • 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

  • 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

  • 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

  • Immigration Service agrees to make applicants aware of need to renew permits in good time

    Case notes
    Delay in making decisions on applications for further temporary permits—effect of delay on applicant—no unreasonable delay by NZIS—applicants to be informed of need to apply for further permits in good time

  • 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’

  • 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

  • Immigration Service reviews returning residents visa policy following complaint

    Case notes
    Refusal of application for returning resident’s visa—failure of New Zealand Immigration Service to advise applicant of discretion to make exception to policy—applicant incurred additional costs in changing travel plans—NZIS accepted responsibility for omission and reimbursed additional costs—policy on returning resident’s visa reviewed and amended