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  • Request for emails generated in the course of the Ombudsman’s preliminary inquiries

    Case notes
    This case note relates to the Ombudsman’s investigation and review of a decision by the Ministry of Education to redact some information from its email responses to the Ombudsman’s preliminary inquiries.
  • Request for footage of battle of Baghak

    Case notes
    NZDF deemed to hold battle footage recorded by soldiers on their personal devices in their official capacity
  • Requests for emails of former Minister

    Case notes
    Emails of former Ministers held by Parliamentary Services pursuant to contract with DIA deemed to be official information held by DIA
  • Request for draft report to Ombudsman

    Case notes
    Release of draft report to Ombudsman would inhibit the free and frank expression of opinions—s 9(2)(g)(i) applies
  • Request for Crown Law advice given to Abortion Supervisory Committee

    Case notes
    Request for Crown Law advice given to Abortion Supervisory Committee—advice given orally and not reduced to writing—no recollection of substance of advice by either party—ASC agreed to reduce to writing its staff member’s recollection of the matters discussed during review and provide this to the requester—Chief Ombudsman satisfied all relevant information had been provided to requester
  • Request for information generated and held by NZDF prior to Queens Counsel Inquiry

    Case notes
    MP sought information relating to a letter held by NZDF—prior to responding to the request, Queen’s Counsel investigation into propriety of the letter began— Minister of Defence then refused request—enquiries revealed that NZDF had not identified what information fell within scope of request at time of refusal as inquiry already underway—OIA contemplates that a decision to refuse a request for information will be made with reference to the information itself—once inquiry concluded NZDF able to determine letter was only information at issue— NZDF submitted that letter was not official information because it formed part of inquiry— letter generated and held by NZDF prior to inquiry and for purposes unrelated to the inquiry—letter therefore ‘official information’—Minister agreed to review original decision and later released letter to complainant
  • Request for transcripts of Prime Minister’s press conferences

    Case notes
    Opposition party requested transcripts of Prime Minister’s press conferences—refused—distinction between information imparted by the Prime Minister in her official capacity and information imparted by her in her capacity as Leader of the Labour Party—the former is ‘official information’ but the latter is not—s 2(1)—Prime Minister concerned that release of official information would inhibit free and frank comments to accredited member of the press—only accredited media representatives attend these press conferences but not restricted in their reporting—no good reason under the OIA for refusal
  • Application of OIA to information held by a Benefit Review Committee

    Case notes
    Application of OIA to information held by a Benefit Review Committee (BRC)—status of a BRC for the purposes of the OIA—whether a BRC is a ‘Tribunal’—information held by a BRC is subject to OIA
  • Request for studies upon which Minister of Health had relied in making a public statement

    Case notes
    Request for studies upon which Minister of Health had relied in making a public statement—list of papers provided—requester disputes whether papers adequately supported her declared position—definition of ‘official information’—s 2—no requirement for holder to enter into debate—no investigation commenced
  • Request for information held by contractor

    Case notes
    Department contracted out storage and retrieval of information—request for information refused on the basis that it was publicly available from contractor—requester referred to independent contractor—information deemed to be held by Department—s 2(5)—inappropriate to rely upon s 18(d)
  • Request for information about summoning and empanelling of jury

    Case notes
    Application of OIA to information about summoning and empanelling of jury—capacity in which Court Registrar held information—information held by the Court—information not subject to OIA
  • Requests for information generated by the Office of the Ombudsmen

    Case notes
    Requests for information generated by Office of the Ombudsman—requests declined—information generated in course of monitoring Department of Corrections investigation into a death in custody pursuant to Protocol between Department and Office—information covered by OIA—information relevant to Coroner’s inquest—Coroner sought to embargo release—consideration of powers of Coroner to embargo release—information released to mother and her representative subject to conditions—Coroners Act 1988, ss 29 and 35
  • Request for legal advice provided to the Attorney-General

    Case notes
    Request for legal advice provided to the Attorney-General by Ministry of Justice—Attorney-General not subject to Act
  • Request for information relating to divestment of Crown shares in Electricity Corporation

    Case notes
    Request for information relating to divestment by Crown of shares in Electricity Corporation (ECNZ)—request refused—ECNZ removed from Schedule 1 to Official Information Act during course of investigation—investigation discontinued
  • Request for information held by ENZA Fresh Ltd

    Case notes
    Request for information held by ENZA Fresh Ltd—relationship between ENZA and New Zealand Apple and Pear Marketing Board—information not subject to OIA
  • Jurisdiction—Medical Practitioners Disciplinary Committee

    Case notes
    Information held by the Medical Practitioners’ Disciplinary Committee not ‘official information’
  • Jurisdiction—information held by Arbitration Commission

    Case notes
    Official information definition— Arbitration Commission not subject to Act—whether information deemed to be held by Department of Labour—whether information held by officers or members as agents of Commission
  • Request for funding applications made to Union Incentives Trust

    Case notes
    Information held by Department of Labour relating to Union Incentives Trust—whether held solely as agent
  • Request for psychologist’s report prepared for Accident Compensation Corporation

    Case notes
    Report by psychologist acting as independent contractor—contents of report related to requester and third party—balance to be struck between right of requester to personal information and privacy interests of third party—provision of summary of personal information in the report