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Report on an unannounced inspection of Pūrehurehu Forensic Acute Mental Health Unit, Rātonga-Rua-O-Porirua Campus, under the Crimes of Torture Act 1989
ResourceIssue date:… the Crimes of Torture Act 1989 (COTA), with responsibility for examining and monitoring the conditions and treatment of … been supported to develop their own Rehabilitation Wing guidelines to outline expectations to achieve positive … plans did not clearly specify the reason or rationale for the use of NSPs. Consent, or the rationale for not …Serious concerns about cruel and inhuman treatment at forensic facility
NewsIssue date:… in the Wellington region. He also says more must be done for an intellectually disabled client who has been living in effective seclusion for years. Mr Boshier today published four reports following … CCDHB considers it is following Ministry of Health guidelines, this treatment clearly meets the definition of …School Board of Trustees agrees to address significant deficiencies in suspension procedure
Case note or OpinionIssue date:… reports within a reasonable time to enable them to prepare for the disciplinary meeting, the failure to provide counselling and guidance to their son for his behaviour problems described as 'continual … the disciplinary meeting in accordance with Ministry guidelines did not reach them until the afternoon of the day …Requesting official information - a brief guide for media
ResourceIssue date:… with a simple phone call. As soon as you make the request for information held by the agency, by definition it’s a request for official information. The Principle of Availability means … and councils are obliged to: Assist you to make a request for information. If the agency cannot identify what …Local Authority not unreasonable to impound horse found untethered on road reserve
Case note or OpinionIssue date:… claimed that the horse had been allowed to graze this way for four years and that it posed no hazard to the public. The … that on the basis of these facts, it was not unreasonable for the animal control officer to exercise the discretion he … the actual costs which the Council had already incurred for float hire ($50.00); veterinarian’s bill (31/05/11) …Council has responsibility to ensure drainage work completed to required standard
Case note or OpinionIssue date:… inspected the same works and found that the gully traps for each of the four dwellings did not comply with the … the Council had failed to ensure that the gully traps for the townhouses complied with the provisions of the … and, if so, whether the Council could be considered liable for such an omission. The Ombudsman formed the view that it …Request for external monitor’s report on University graduate diploma
Case note or OpinionIssue date:… international students more in fees than domestic students for the equivalent course (section 288 of the Education Act … operate within a safety margin. There is no requirement for universities to pursue a profit in all their activities, … … Section 9 … Case notes … English … Commercial … Request for external monitor’s report on University graduate diploma …Administrative error leading to loss of opportunity to name a road
Case note or OpinionIssue date:… among residents earlier that year to determine a name for the road. As a result, the road was assigned an official … Background According to Land Information New Zealand guidelines, [1] a private road needs to be named ‘ if six or … have been the only party asked to submit name suggestions for the road, had they been correctly identified as the …Request for ACC notice board bulletin
Case note or OpinionIssue date:… release of the information. The Ombudsman asked ACC for both a copy of the bulletin at issue and a report … is ‘ not limited to a specific request from the client for legal advice and the legal advice in reply. It includes … put, and how it is used, by whom and under what verifiable guidelines or policies. The Ombudsman acknowledged that the …Expectations for OPCAT COVID-19 Inspections
ResourceIssue date:… . The Expectations are a guide for consideration by the Chief Ombudsman’s Inspectors, not a … the population as a whole. Appropriate plans and policies for the management of suspected or confirmed cases of … distant” from people, in line with Ministry of Health guidelines. Access to fresh air, beverages, and nutritious …Ombudsman launches investigation into MIQ booking system
NewsIssue date:… having difficulties around the world obtaining vouchers for places in managed isolation or have concerns about the … – they claim the allocation system is unlawful, unfit for purpose, unfair, and poorly managed. I have decided to do … and whether suitable alternatives are being offered for those who have difficulty using this digital platform.” …Ministry of Transport should convey outcome of review into traffic accident involving its staff and public
Case note or OpinionIssue date:… an accident—adequacy of investigation into accident–case for administrative review of accident and complaint … and determine appropriate procedures and methodology for investigating any accident involving a traffic officer …Request for information about proposed Clifford Bay ferry terminal
Case note or OpinionIssue date:… the sale or other leveraging of the land. Any contract for sale and purchase, or other leveraging of the land, would … position. The Ombudsman recommended that the information for which there was no good reason for withholding should be released. This case note is …Request for interviews with potential child abuse victims
Case note or OpinionIssue date:… participating in interviews—it is in the public interest for child protection and law enforcement agencies to continue … the information at issue and an explanation of the reasons for withholding. The Ministry acknowledged that section 6(c) … the complaint, in part, to the Privacy Commissioner, for consideration under the Privacy Act 1993. Some personal …Request for audio and video tapes relating to allegations of child abuse
Case note or OpinionIssue date:… a therapist employed by the Board. The request was refused for the reasons set out in sections 9(2)(a) and 27(1)(b) of … was its relevance to a possible future application for custody and/or access. The videotape During the course of … had applied, during the Family Court proceedings, for an order for disclosure of the videotape and that an …Inland Revenue Department paid ex gratia payment to compensate loss incurred when Company relied on incomplete information contained in IRD Company Tax Guide, 1997.
Case note or OpinionIssue date:… were made by both the company and the individual directors for the 1998 tax year. The payments were based on the … the Department, the Department should be held accountable for any loss and compensate the taxpayer accordingly. The … more detailed information on how the rules and conditions for the payment of UOMI applied to provisional taxpayers. The …Determination of ineligibility for publicly funded healthcare was wrong
Case note or OpinionIssue date:… by the Ministry of Health that a person was ineligible for publicly funded healthcare as they did not meet the time … using a numeric day count and was therefore eligible for publicly funded healthcare. Ombudsman recommended that … by the District Health Board (DHB). [1] Eligibility for publicly funded healthcare is determined by the Health …Information for residents' point of contact: Upcoming inspection by the Chief Ombudsman’s team
ResourceIssue date:… They will operate in a manner that is effective, safe for everyone and supports aged care facilities in caring for their residents. What will happen during an inspection … are informed by the Chief Ombudsman’s expectations for the conditions and treatment of residents. It is …Request for copy of reviewers’ training manual
Case note or OpinionIssue date:… do not apply A requester asked FairWay Resolution Ltd for a copy of its reviewers’ training manual. At the time, … 9(2)(i)). The Ombudsman considered the following criteria for identifying a trade secret: [2] the extent to which the … which provides a right of access to internal rules and guidelines used to make decisions that affect people …Summary of the Ombudsman's submission to the United Nations Committee against Torture
ResourceIssue date:… Key themes for the Committee’s consideration In the period between the … concerns I have raised about conditions and treatment for people in places of detention, which, in some cases, may … but is authorised by domestic policies and practice guidelines, including in the use of pepper spray, spit hoods …OIA compliance and practice in Ministry of Justice 2022
ResourceIssue date:… Agencies are required to submit information to Te Tāhū for biannual publication of a Directory, the intent of which … was responsible for the review and updating of the OIA charging guidelines . I am disappointed that the lack of clarity of …Council accepts it should fix issue over storm water drain
Case note or OpinionIssue date:… Stormwater drainage for potential subdivision—effect of conditions of previous … section was steep and unstable, and remained undeveloped for many years. Stormwater from the house, garage and sealed … A problem arising was the absence of a stormwater outlet for the proposed subdivision. The obvious solution seemed to …Request for research data held by Crown Research Institute
Case note or OpinionIssue date:… applies This request by a private individual was, in part, for data held by AgResearch (New Zealand Pastoral Agriculture … to hold in confidence research which a CRI has undertaken for a particular client. The primary concern of the potential … research which the client had paid the CRI to undertake for it alone; and a competitor could negate any commercial …Request to Police for information regarding alleged threats made against Judge
Case note or OpinionIssue date:… Request for information provided to Police concerning alleged threats … about other people. Therefore, it was necessary for the Privacy Commissioner and the Ombudsman to conduct a … information requests that same information, it would fall for consideration under the provisions of the OIA. Successive …Museum of New Zealand display ‘virgin in condom’ allowed under legislation
Case note or OpinionIssue date:… in it; decisions to display an exhibition is a matter for the Museum. Ombudsmen have no authority to direct the … The substitution of an alternative opinion on such issues for that of the members of the Museum’s Board was a course of … Professional decisions as to what should be displayed were for the Board to make. During the course of the investigation …Corrections unreasonable not to pay for inmate’s glasses for re-integration programme
Case note or OpinionIssue date:… tailor shop—Department of Corrections refused to pay for glasses unless inmate would refund them through his … prison earnings—inmate later found out Department had paid for another inmate’s glasses in full—Ombudsman sustained … to assist him in addressing the causes of his offending. For both his work in the tailor’s shop and his participation …Area Health Board and its Review Committee handled complaint inadequately
Case note or OpinionIssue date:… Inadequacy of complaint procedures and consent procedures for blood products—lack of consultation—revised procedures … which had passed since Mrs X’s treatment it was necessary for the Ombudsman to decline to investigate the first … complainants in matters of sensitivity, and provide clear guidelines, with consent forms for the use of blood products. …Report on an unannounced inspection of Haumietiketike Unit, Rātonga-Rua-O-Porirua Campus, under the Crimes of Torture Act 1989
ResourceIssue date:… the Crimes of Torture Act 1989 (COTA), with responsibility for examining and monitoring the conditions and treatment of … introduced Positive Behaviour Support (PBS) training [3] for staff was well supported by the Unit leadership team. The … against Torture’). [7] Seclusion Room One was not fit for purpose. New clients were being admitted into seclusion …Department of Labour reasonable not to investigate accident of primary student on extra-curricular activity
Case note or OpinionIssue date:… Primary school student training for cross country competition on mountain road struck by … liability—Ombudsman identified no mechanism in place for ensuring accountability by schools in providing safe environment for students outside school gates—Ombudsman approached OSH, …Request for information about Operation Burnham
Case note or OpinionIssue date:… of public debate and administrative concerns not reasons for withholding under section 6(c)—investigation discontinued … related matters asked the New Zealand Defence Force (NZDF) for answers to a number of specific questions. The NZDF … being made in compliance with the OIA. Sections 15(1A) (charging), 15A (extensions) and 18 (administrative refusal …Request for consultant’s advice on financial impact of electricity lines regulation
Case note or OpinionIssue date:… the Commerce Commission (the Commission) began the process for setting thresholds for the declaration of control in respect of large … the consultant’s report and an explanation of the reasons for withholding. The Commission originally relied on section …Request for amounts paid to private sector consultants for asset sale advice
Case note or OpinionIssue date:… Request for amounts paid to private sector consultants for asset sale advice—initially refused under ss 9(2)(b)(ii) … paid to general advisers were usually based on standard charging methods, usually an hourly rate corresponding with …