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112 Resources Show all

  • 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 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of goods—whether relevant documentation provided at the time of importation—whether s 140 of the Customs Act 1966 (repealed) conferred authority on Department to take deposit—investigation discontinued following discovery that company did not exist as legal entity at the time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

  • 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

  • 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 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 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

  • Charge estimated in accordance with CRI’s charging policy

    Case notes
    Charge levied by National Institute of Water and Atmospheric Research (NIWA)—Crown Research Institutes’ policy on charging—reasonableness of recovery of actual retrieval costs—charge reasonable

  • 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