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Ministry of Transport not unreasonable to take car keys off driver failing breath test
Case note or OpinionIssue date:… wishing to drive—adequacy of administrative procedures for handling suspected drunken drivers The Ombudsman received … to surrender the car keys and accompany the officers for an evidential breath test, blood sample, or both. When … section 63 related specifically to people who are ‘for the time being in charge of a motor vehicle’. The …Adequacy of apology for incorrect benefit reductions
ResourceIssue date:… case was granted a Jobseeker Support benefit. In applying for that benefit, he declared that he had previously received … recommended an ex gratia payment to the complainant for the losses and inconvenience caused by the Ministry’s … the Ministry wrote to the complainant apologising for its error and the inadequate service he had received, and …Request for information held by Ministry of Justice relating to investigation by Hon Ian Binnie QC into David Bain’s compensation claim
Case note or OpinionIssue date:… all information [it held] referred to Justice Ian Binnie for his investigation and determination into David Bain’s claim for compensation for wrongful conviction and imprisonment. The Minister …WorkSafe’s decision not to formally investigate an incident
Case note or OpinionIssue date:… recommended that WorkSafe apologise to the complainant for: not properly considering (and responding to) the updated … not to investigate because the 12 month statutory limit for laying charges had elapsed. [1] While WorkSafe had the ability to apply to the courts for an extension of time, any such application must have been …Local Authority agreed its processes were inadequate when it removed vehicle from public street
Case note or OpinionIssue date:… followed—Authority accepted opinion—agreed to compensate for loss of the vehicle, apologise and to improve clarity of guidelines and procedures for record keeping This … The Local Authority advised that it would put appropriate guidelines in place. This case note is published under the …Ministry of Transport makes ex-gratia payment following its oppressive unreasonable decision
Case note or OpinionIssue date:… to issue Traffic Offence Notice and proceed to prosecute for ‘Careless Use Causing Injury’ alleged to be unreasonable … including the likelihood of him being charged for non-possession of a motorcycle licence and an alcohol … equal to the legal costs incurred by her to engage counsel for a defended hearing. The Ministry of Transport agreed to …ACC withheld document favourable to complainant’s case for review and accepted Ombudsman’s view that its service was inadequate
Case note or OpinionIssue date:… a copy of his Corporation file to assist him in preparing for a statutory review of a case decision. The review found … The investigation elicited several possible explanations for the sequence of events, but because of the absence of … for the Branch concerned and to revise its national guidelines for processing information requests. The complaint …Request for information about serious and sentinel event reports
Case note or OpinionIssue date:… Request to District Health Board for information relating to ‘serious and sentinel events’—22 … confidential nature of the SSE review process in CCDHB’s guidelines. She also observed that the background to, and … That report, and the Ministry of Health Reportable Events Guidelines emphasise the need for a ‘no-blame’ system, where …Board of Trustees fails to follow principles of natural justice at disciplinary hearing for expelled student
Case note or OpinionIssue date:… to act on recommendations although the student reinstated for other reasons A 16 year old high school student was … hidden to avoid being found when the school was searched for the stolen property. However, the witness statement was … concern that the original basis of the suspension, for receiving stolen property, differed from that which …Power Board agrees to refund person who was unaware of power-saving switch
Case note or OpinionIssue date:… Failure to charge for water heating power supply at appropriate … savings The complainant in this case had occupied a house for some sixteen years. Shortly before he complained, he … concluded that although the authority was not at fault in charging at the higher rate, at least up until the time that …Make a request for official information
Page… Ask for information There’s no set way to ask for official information. You can make a request verbally – … request in writing so you have a record of what you asked for and when you asked for it. This will make sure …Request for policy on settling disputes
Case note or OpinionIssue date:… Request for policy on settling disputes—information withheld on basis … at issue in reliance upon section 9(2)(h) of the OIA for the reason that it was necessary to maintain legal … namely one which contained ‘policies, principles, rules or guidelines in accordance with which decisions or …Request for MSD historic claims guidebook
Case note or OpinionIssue date:… ‘take it or leave it’ basis are not clearly ‘negotiations’ for the purposes of the OIA—the possibility that release of … access documents containing policies, principles, rules or guidelines in accordance with which decisions or … seek documents containing policies, principles, rules or guidelines which inform decision-making under section 22 of …Ministry of Health’s decision following audit of aged care facility not unreasonable
Case note or OpinionIssue date:… the Ministry of Health undertook a surveillance audit for which it issued the facility with a ‘partial attainment’ … Ombudsman made inquiries with HealthCERT about the reasons for the decision to issue the decision. He asked the Ministry … issue because the Ministry was intending to review its Guidelines and to explore and clarify this matter with proper …Inland Revenue Department agrees to review decision to withhold information under Tax Administration Act
Case note or OpinionIssue date:… income tax review file and penal action file—the reason for withholding was pursuant to s 81(4)(I) of Tax … Act. These changes signalled legislative approval for the development of procedures to encourage ‘open and full … cases. The Ombudsman also considered whether policy guidelines with respect to the withholding of information had …Request for papers provided to the treasurer during a 12 month period
Case note or OpinionIssue date:… Request for papers provided to the Treasurer during 12 month … and collated A request was made to the Treasurer for all the papers provided to his predecessor by Treasury … 18(f) of the OIA. Section 18(f) provides good reason for refusing to make available official information on the …Request for taser camera footage (subjects gave consent to release)
Case note or OpinionIssue date:… I formed in relation to a third party request to Police for taser camera footage of two individuals who had been … confirmation from these individuals that they were content for Mr Cooke to have copies of the footage. Police refused Mr … these matters have been left for Police to address in guidelines that are being developed for future requests for …Orientation visits: First step in developing aged care inspections programme
ResourceIssue date:… conducting inspections. These visits are also a chance for us to introduce ourselves. We’re calling these visits … to, the facilities we visit. Nor will we charge facilities for these orientation visits, or future inspections. We still …Ministry of Justice determines time spent in overseas prison awaiting extradition cannot be counted as time served
Case note or OpinionIssue date:Time spent in overseas prison awaiting extradition—does not count as time served in New ZealandRequest by mother for copy of letter she viewed at her son’s family group conference
Case note or OpinionIssue date:… to the Department of Child, Youth and Family Services for a copy of that letter. The Department responded advising: … and the Department’s publications, including its Practice Guidelines. With respect to the CYP&F Act, the Ombudsman … the Ombudsman turned to consider the Department’s Practice Guidelines. He noted they said: ‘Publish’ is not about …Chief Ombudsman to begin inspections of COVID-19 Isolation Facilities
NewsIssue date:… of COVID-19 isolation and quarantine facilities set up for people arriving from overseas. Peter Boshier announced … is of an unprecedented scale. It has now been in place for more than two months and will likely continue for many … close regard to the Ministry of Health’s health and safety guidelines.” … Media release … Chief Ombudsman to begin …District Health Board decision not to consult on provision of abortion services at a Hospital was unreasonable
Case note or OpinionIssue date:… extension of an existing one. On assuming responsibility for the complaint, Ombudsman Ron Patterson disagreed and … specific requirements of the law, it would be difficult for an Ombudsman to form an opinion that the agency was … relevant Acts of Parliament, Ministry of Health national guidelines, the standards of care and annual reports from the …Request for information about submissions received on marine reserve application
Case note or OpinionIssue date:… Request for information about submissions on marine reserve … received a request from a special interest group for information about submissions received in support of a … the information at issue. Section 18(f) provides a ground for refusing to make available official information on the …Latest OIA, LGOIMA data released
NewsIssue date:… on official information requests”, Mr Boshier says. “For the last six months of 2020, 18 per cent of LGOIMA and 28 … and type of complainant (media, private individual, etc). For the complaints completed, the data also includes the … licensing trusts among others. See Schedules 1 & 2 LGOIMA for more details . [2] For the LGOIMA, this comprises …Request for information about employment investigation involving officer’s behaviour at a Police event
Case note or OpinionIssue date:… to alleged staff misconduct—it is in the public interest for the Police to continue to receive information that … the information at issue and an explanation of the reasons for withholding. The Police provided the full employment … to alleged staff misconduct. It is in the public interest for the Police to continue to receive information that …Latest OIA, LGOIMA data released
NewsIssue date:… during this period,’ says Mr Boshier. However the figures for the full year to 30 June 2020 were less encouraging, with … and type of complainant (media, private individual, etc). For the complaints completed, the data also includes the … licensing trusts among others. See Schedules 1 & 2 LGOIMA for more details . [2] For the LGOIMA, this comprises …Accessibility features
Page… Accessibility statement for Office of the Ombudsman The Office of the Ombudsman is committed to ensuring digital accessibility for people with disabilities. We are continually improving … policies. Conformance status The Web Content Accessibility Guidelines (WCAG) defines requirements for designers and …Request for the New Zealand Localities dataset
Case note or OpinionIssue date:… request to the New Zealand Fire Service Commission (NZFSC) for a copy of a computer dataset known as NZ Localities, … dataset free of charge, but asked Koordinates (as it does for all other users) to sign a licence agreement governing … position of the relevant entity — also provided a reason for withholding the unlicensed dataset. Based on the …Request for reasons for decision made three years earlier
Case note or OpinionIssue date:… Request for reasons for decision made three years earlier—request declined on … upheld An airport company sought international status for the airport under its control. The Government accepted … of Agriculture and Forestry decided to impose charges for the provision of border control services. Three years …Request for information held by contractor
Case note or OpinionIssue date:… out storage and retrieval of information—request for information refused on the basis that it was publicly … OIA. The contractor charged members of the public a fee for this service. IPONZ relied upon section 18(d) of the OIA to refuse a request for official information, arguing that it ‘is or will soon be …Decision to implement a framework for managing a National Party Advisor’s OIA requests
Case note or OpinionIssue date:… A National Party Advisor, who at the time was responsible for making requests on behalf of two National Party Members … the Ministry would consider using the OIA’s mechanisms for managing administratively challenging requests, including … to make and communicate a decision, fixing a charge for the provision of official information, and making …Request for details of late husband’s criminal record
Case note or OpinionIssue date:… Request by widow for details of late husband’s criminal record—request … her late husband’s criminal records held by the Department for Courts. The request was refused in reliance upon section … The Department advised that in respect of requests for personal information about a third party it generally …