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  • 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
  • Charge for supply of information about DOC Recommended Area for Protection

    Case notes
    Agency sought to recover cost of supplying information on the basis that it was commercially valuable—experts’ reports, submissions regarding the boundaries of the proposed Recommended Area for Protection, and deeds of agreement—no justification for charging on such a basis.
  • 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
  • Charge for supply of information about community grants

    Case notes
    Cannot charge for time required due to administrative inefficiencies or poor record-keeping—public interest in MPs having access to official information to assist in the reasonable exercise of their democratic responsibilities warranted 10 per cent remission.
  • 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
  • Charge for provision of information regarding trade negotiations

    Case notes
    Request for information on current GATS round—charge levied—GATS a matter of substantial public interest—information sought for research which would ultimately be made publicly available—release would promote informed public debate—charge found to be unreasonable—recommendation to waive charge accepted
  • 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
  • Council’s decision to charge for the creation of information

    Case notes
    Charge for supply of information—information not held in form requested—charging provisions of the Local Government Official Information and Meetings Act 1987 apply only to information held—ss 13(1A) and 17(e)—Council offered to create the information subject to the payment of a charge—application of Ombudsmen Act 1975—proposed charge reasonable in an administrative sense
  • Charge proposed for the supply of information relating to death of New Zealander overseas  

    Case notes
    Charge levied by Ministry of Foreign Affairs and Trade—reasonableness of charge—consistency with other charges levied for supply of similar information—public interest in reduction of charge—proposed charge unreasonable—charge reduced
  • Charge imposed without forewarning after the provision of the information

    Case notes
    Charge for official information—information belatedly made available—requester subsequently charged for the information—no entitlement to charge
  • 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 information relating to candidacy for Director-General of World Trade Organisation

    Case notes
    Request for specific information relating to Rt Hon Mike Moore’s candidacy for Director-General of the World Trade Organisation—request declined under s 6(a)—release would be likely to prejudice New Zealand’s international relations
  • Request for access to an application for an anti-dumping investigation

    Case notes
    Request for application for the initiation of an anti-dumping investigation—request refused in reliance upon s 6(a)—consideration of New Zealand’s obligations as a member of the WTO—Article 5.5 of the WTO Anti-Dumping Agreement—Dumping and Countervailing Duties Act 1998—prejudice to New Zealand’s international relations would be likely to occur
  • 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)
  • Charge for extracting information from Housing New Zealand’s database

    Case notes
    Estimate of charges to extract specific information from database—reasonableness of charge—absence of appropriately qualified staff—need to contract systems analyst—revised estimate provided—charge not unreasonable
  • 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 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
  • Request for information relating to proposed visit of US Navy ship

    Case notes
    Request for information relating to proposed visit in 1985 of USS Buchanan to New Zealand—information withheld under s 6(a) and s 6(b)(i)—conventions of international diplomacy—release would be likely to prejudice the international relations of the Government and the entrusting of information by another State
  • Charge levied by Ministry of Health for provision of information about contraceptive pills

    Case notes
    Charge levied by Ministry of Health for provision of information about contraceptive pills—release of the information would likely contribute significantly to the medical profession’s understanding of Ministry’s decision making process—charge waived on public interest grounds
  • 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
  • Request for report prepared by External Assessments Bureau

    Case notes
    Request for reports on environmental damage resulting from French nuclear testing—good reason to refuse request under s 6(a) at time request refused—disclosure likely to prejudice the international relations of the Government of New Zealand