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- Making official information requests: a guide for requesters
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1546 Resources Show all
Council unreasonable to erect block wall on boundary
Case notesCity Council granted permission to erect a block wall on a boundary in contravention of Town Planning ordinances – it was unreasonable of Council to grant permission without neighbour’s consentCouncil to improve oversight of contract for refuse collection
Case notesRefuse collections—change in frequency from weekly to monthlyCouncil processes when acquiring land for public road not unreasonable
Case notesCouncil’s failure to acquire land for a public roadArea Health Board prevented by legislation to perform surgery
Case notesCosts—unreasonable refusal to accept complainant’s payment of hip prosthesis, thereby delaying surgeryCouncil notice about GST charge, in the circumstances, not unreasonable
Case notesPayment of increased GST—timing of Notice—effect of rapid change in central and local governmentCoal Corporation required to minimise dust problem
Case notesAdequacy of Action–Failure of Coal Corporation to alleviate a coal dust problem and coal fine pond encroachment in the direction of local residents’ housesCouncil has responsibility to ensure drainage work completed to required standard
Case notesCompensation—adequacy of inspection carried out by council under Drainage and Plumbing Regulations 1978Council advised Ministry of Works has copyright of its intellectual property
Case notesCharging—Commercial fee for use of designs/drawingsCouncil determination of noise nuisance not unreasonable
Case notesNoise Nuisance—permitting a rifle range to operate on property adjoining complainant’s-taking no action to alleviate noise nuisance created by rifle rangeCouncil rates increase proportionate
Case notesRates—whether increase in rates levied was reasonable—whether incidence of rates levied on rural coastal residents was discriminatoryAllegations against Area Health Board not sustained by Ombudsman but Board initiates proceedings against TVNZ
Case notesPublic allegations of misdiagnosis and ill treatment of child—effect of publicity on those involved—examination of non-broadcast material—complaints not sustained, but broadcast material unbalancedCouncil had sufficient advice before making decision on water reticulation scheme
Case notesProposed water reticulation scheme full Council decision—section 13(1) Ombudsmen Act—whether the Council had sufficient information before it at the time to make the decisionLocal Authority not responsible for loss to third party when its employee had accident outside work time
Case notesMotor vehicle accident with Board vehicle—reasonableness of decision not to compensate complainant for loss suffered as a result of the accidentCouncil accepts sub-delegation to Area Planner invalid
Case notesUnreasonable decision to grant dispensation to neighbour waiving a side yard boundary requirement in the District SchemeCouncils need to work within statutory framework when dealing with complaints about dogs
Case notesUnreasonable refusal to return impounded dog—placement of dog in another home or threat to do soCouncil not unreasonable to claim entitlement to non-refundable deposit
Case notesUnreasonable tendering of land when possible contract entered into – title of land not held by CouncilCouncil enforcement of Planning Tribunal ruling
Case notesFailure to enforce District Scheme requirements-resolved by Council initiating legal proceedingsNZ Superannuation Corporation provided incorrect advice incurring loss to complainant and offered ex gratia payment
Case notesIncorrect advice—Government Superannuation Fund—Voluntary SeveranceCouncil failed to meet obligations under Rating Powers Act 1988
Case notesUnlawful setting of rate—section 110 of Rating Powers Act not complied withCouncil not unreasonable to expect ratepayers to indicate purpose of a payment
Case notesCouncil procedure required ratepayers to give Council written notice if they wished a rates payment to be used to pay off newer outstanding rates before penalty date rather than older outstanding rates on which penalty had already accruedArea Health Board and its Review Committee handled complaint inadequately
Case notesInadequacy of complaint procedures and consent procedures for blood products—lack of consultation—revised procedures adoptedCouncil staff failed to enforce district plan regarding rights for roadside sales
Case notesDistrict scheme provisions—selling of bought-in produce from roadside stalls—existing use rightsLocal Authority required to improve damaged drainage systems on private properties
Case notesDrainage of two properties was inadequate and Council failed to act on the matter—the Ombudsman determined that the Council had abrogated its responsibilities by failing to act appropriately to deal with the problem—Council agreed to do the remedial work following the Ombudsman’s inquiriesPower Board required to change opinion of company’s credit standing following Ombudsman investigation
Case notesDecision to decline discount on power accountCouncil agrees to change basis for imposing fees for licence to occupy in small community following complaint from permanent residents
Case notesFees for licence to occupy reserve land—differential between permanent and non-permanent residentsCouncil required to serve notice for noise nuisance
Case notesFailure to reduce noise nuisanceCouncil accepts further discussion required with public over road closure decision
Case notesClosure of a public road during winter monthsPower Board agrees to refund person who was unaware of power-saving switch
Case notesFailure to charge for water heating power supply at appropriate rate—installation of system entitling consumer to concessionary rate not notified to power supply authority—no fault of complainant or authority—authority had benefit of power savingsCouncil agrees to pay for part of fence removed for road widening
Case notesDelay in Council replying to complainant’s correspondence relating to the matter—unclear whether undertaking had been made—on balance probableSchool Board of Trustees delivers inconsistent punishment to students
Case notesExpulsion—smoking—improper discrimination by Board of Trustees vis-a-vis another pupil— recommendation to delete information from recordsAccident Compensation Corporation delays to review case caused financial hardship
Case notesLong term pain from back problem— ACC—manner of obtaining report-delays in review processCouncil waives fee for replacing pipes as gesture of goodwill
Case notesCharging for faulty work—whether County Council responsible