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Charge for supply of official information—staff rates in excess of Charging Guidelines
Case note or OpinionIssue date:… Staff rates in excess of those in the Charging Guidelines unreasonable These cases involved … the Council consider amending its current scale of charges for the supply of official information to bring them in to …Ministry of Health’s guidelines on interpretation of Mental Health (Compulsory Assessment and Treatment) Act 1992 need clarification
Case note or OpinionIssue date:… Ministry of Health guidelines on interpretation of Mental Health (Compulsory Assessment and Treatment) Act 1992, s 38(1)—guidelines advised broad interpretation—relevant case law … visit it was concluded there were no reasonable grounds for taking any further action. The complainant was concerned …Department of Corrections revises guidelines on implications for visitors possessing drugs
Case note or OpinionIssue date:… Prison banned inmate’s family members from visiting for 12-months after small amount of cannabis found in their … agreed each case to be considered on merits and prepared guidelines for prisons—Ombudsman advised inmate to apply for a review of prohibition order under the new guidelines A prison inmate’s son and daughter were both …Overseas Investment Office approach to request for information in accordance with OIA guidelines
Case note or OpinionIssue date:… Information Act (OIA) request was made, by a lawyer acting for an overseas client, to the Overseas Investment Office … Act 1975, Official Information Act 1982 … A119450 … OIA guidelines … Information request … Dame Beverley Wakem … … approach to request for information in accordance with OIA guidelines …Charge estimated in accordance with CRI’s charging policy
Case note or OpinionIssue date:… Research (NIWA)—Crown Research Institutes’ policy on charging—reasonableness of recovery of actual retrieval … a request under Part 2 of the Act, a charge may be fixed for the supply of that information, provided the charge is … in the circumstances of the case and irrespective of any guidelines which may have been issued, the charge is …Request for draft guidelines on religious instruction and observance in schools
Case note or OpinionIssue date:… public interest The Ministry of Education withheld draft guidelines on religious instruction and observance in schools … opinion that section 9(2)(g)(i) did. Releasing the draft guidelines, while officials were still in the process of … controversial, and had generated much public debate. For these reasons, the Ministry had always accepted that the …Charge for supply of building information
Case note or OpinionIssue date:… charge unreasonable A council charged $0.45 per page for photocopying building information, and the requester … the standard photocopying charge prescribed in the Charging Guidelines ($0.20 per page for photocopying in excess of 20 …Charge for supply of information relating to cycling fatalities
Case note or OpinionIssue date:… of readily retrievable information—no remission of charge for supplying the remaining information in the public … interest—some information was available pursuant to a charging regime set by statute and the OIA could not override … which would be charged for in accordance with the Charging Guidelines . The requester complained to the Ombudsman. The …Charge for supply of information about a hospice
Case note or OpinionIssue date:… a charge A District Health Board (DHB) decided to charge for supplying information about a hospice. The requester … and paid the deposit. The requester made a second request for information. The DHB then withdrew the charge, refunded … … Official Information Act 1982, s 15(1A) … 304081 (2) … charging … David McGee … District Health Board … Official …Template letter 7: Charging letter
ResourceIssue date:… Use this letter to tell the requester you intend to charge for the supply of official information. … charging … Template letters and worksheets … Template letters … PDF … Word … English … Charging … Template letter 7: Charging letter …Charging: A guide to charging for official information under the OIA and LGOIMA
ResourceIssue date:… Agencies can make reasonable charges for supplying official information under the OIA and LGOIMA. … when it is reasonable to charge; what an agency can charge for; what is a reasonable charge; and how to charge. It also … resources including a step-by-step work sheet for charging, a template charging letter and a sample estimate of …Charge imposed without forewarning after the provision of the information
Case note or OpinionIssue date:… Charge for official information—information belatedly made available—requester subsequently charged for the information—no entitlement to charge A request was … Information Act 1982, ss 15(1)(a), 15(1A) … W45424 … charging … Sir Brian Elwood … Airways Corporation of New …Charge for supply of Customs policy
Case note or OpinionIssue date:… in the public interest—accessibility of policies and guidelines affecting persons The Customs Service (Customs) … is carried out properly and that Customs is accountable for its actions. The Ombudsman found that the public interest … In the Ombudsman’s view, Customs was only justified in charging reasonable photocopying costs, which were calculated …Charge for supply of correspondence regarding proposals to lower the drink-drive limit
Case note or OpinionIssue date:… investigator together searched the Ministry’s database for correspondence received between July 2009 and November … 10 hours (30 seconds per document); Prepare documents for photocopying: 20 hours (1 minute per document); and Time … time, plus photocopying for 1416 pages. Applying the charging formula—(([ Estimated hours staff time ] – 1) x $76) …Charge for supply of animal usage statistics
Case note or OpinionIssue date:… Cannot charge for decision making time—charge reduced The Ministry of … and Forestry (MAF) advised a charge of ‘at least $3,000’ for supplying animal usage statistics, and the requester … … Official Information Act 1982, s 15(1A) … 178413 … charging … statistics … Dame Beverley Wakem … Ministry of …Council’s decision to charge for the creation of information
Case note or OpinionIssue date:… Charge for supply of information—information not held in form requested—charging provisions of the Local Government Official … use in making a submission on an application by a Church for a resource consent. The information related to total land …Charge for supply of board minutes
Case note or OpinionIssue date:… Cannot charge for administrative costs associated with the way an agency … would come from decision making, and that the Government Charging Guidelines are clear this cost cannot be passed on to the …Charge for supply of information about self-reported convictions of teachers
Case note or OpinionIssue date:… … Official Information Act 1982, s 15(1A) … 179387 … charging … remission … David McGee … Teachers Council … … … Section 15 … Case notes … HTML … PDF … Word … English … Charging … Charge for supply of information about self-reported convictions of …Charge for the supply of information about Southern Saltmarsh Mosquito Eradication Programme
Case note or OpinionIssue date:… In my view, if an organisation sets a definite figure for fulfilling a request at the time of making its decision, … that the charge may increase, a significant factor for an Ombudsman reviewing the reasonableness of a charge … … Official Information Act 1982, s 15(1A) … 176924 … charging … estimate … David McGee … Ministry of Agriculture …Charge proposed for the supply of information relating to death of New Zealander overseas
Case note or OpinionIssue date:… of charge—consistency with other charges levied for supply of similar information—public interest in … the Ministry of Foreign Affairs and Trade had proposed for the supply of certain information relating to the death … to the same subject matter and that its approach to charging for the supply of that information seemed to be …Charge for the creation of statistics
Case note or OpinionIssue date:… OIA and Charging Guidelines did not apply to request for statistics …Request for information relating to levies charged for documents
Case note or OpinionIssue date:… then ‘refined’—final charges justified—subsequent request for particular document not a new request—Ministry may … had calculated the charge in accordance with the Cabinet guidelines on charging and the charge was considered reasonable in the …Ministry of Health reconsiders decision to charge for collation of information
Case note or OpinionIssue date:… sought draft and final copies of public health contracts for four financial years between Ministry of Health and 42 … applied in accordance with Ministry of Justice Charging Guidelines—however, Ministry had previously released …Charge for provision of information regarding trade negotiations
Case note or OpinionIssue date:… Request for information on current GATS round—charge levied—GATS a … had been set in accordance with the Ministry of Justice’s ‘Charging Guidelines for Official Information Act Requests 1982’ (the …Charge for extracting information from Housing New Zealand’s database
Case note or OpinionIssue date:… Law Centre about the charge Housing New Zealand estimated for the provision of information sought by the Centre under … the information at issue because it was not required for normal business reporting reasons. As a consequence, a … to charge for the creation of information … W40059 … charging … reasonableness … staff time … Hon Anand Satyanand …Charge for supply of information about DOC Recommended Area for Protection
Case note or OpinionIssue date:… regarding the boundaries of the proposed Recommended Area for Protection, and deeds of agreement—no justification for charging on such a basis. The Royal Forest and Bird …Charge for supply of information about Maori interests in the management of petroleum
Case note or OpinionIssue date:… by allowing inspection subject to conditions The lawyers for an iwi sought documents relating to Maori interests under … they wished to obtain copies of. The opportunity for inspection was made subject to the following conditions: … … Official Information Act 1982, s 15(1A) … 173607 … charging … inspection … conditions … John Belgrave … Ministry …Charge for supply of information about Treaty claim over three year period
Case note or OpinionIssue date:… of Treaty Settlements (OTS) charged $708 to meet a request for all correspondence, memoranda, faxes, emails, file notes, … the transparency of the process and promote accountability for the settlement that was reached. However, this did not … … Official Information Act 1982, s 15(1A) … 178468 … charging … remission … hardship … Dame Beverley Wakem … …Local Authority required to withdraw notification of excess water charges
Case note or OpinionIssue date:… Charging for water by quantity consumed—notification—charges … 26(1) and (2) of the then Rating Powers Act 1988 provided for local authorities to make and levy charges according to … at establishing whether there was appropriate authority for the excess water charges to be levied and also whether …Charge for information requested from the Minister of Revenue
Case note or OpinionIssue date:… Research Unit to Minister of Revenue—convention for requests to be made to appropriate Minister and not to … ‘[did] not support any change to the practice of not charging for requests by members of Parliament and … charge. The Department of Justice’s January 1992 charging guidelines (which remain in force) provide in paragraph 7.4 a …Department of Justice charged inmate incorrect amount for escort to attend tangi
Case note or OpinionIssue date:… reply This complaint concerned, firstly, the charge levied for the escort of prison inmate to attend a tangi which the … to reply to correspondence from the complainant who asked for the difference to be refunded from the correct charge for the escort and the deposit originally paid. The Ombudsman …Councils cannot act without proper authority regarding water usage charges
Case note or OpinionIssue date:… water meter. This would mean that the Council would charge for water based on the quantity used rather than a flat … that his water usage met none of the Council’s criteria for installing a water meter and that the Council had decided … domestic consumption was likely. It therefore qualified for a water meter. The property owner complained to the …