Executive continued...

Question 1

Ombudsman

Answer 1

supervisory role used during OIA proceedings & also has general jurisdiction.

Question 2

Ombudsman role (3)

Answer 2

1. Investigate decisions about or affecting a perosn in their perosnal capacity
2. Ombudsman makes report & recommendations (creating public duty to respond - no legal compulsion)
3. If no adequate action after reasonable time = ombudsman refers to PM or HoR.

Question 3

Ombudsman general jurisdiction

Answer 3

Supervise what Govt doing.
Have broader jurisdiction tghan the court, are cheaper & faster.

Question 4

Why is there a public duty to Ombudsman recommendations

Answer 4

There is a moral/public pressure to respond but no legal compulsion.

Question 5

OIA 1982 stands for what

Answer 5

Official information act 1982

Question 6

Why was it created?

Answer 6

there was a coalition for open government with aims of promoting accountability of ministers and officials, enabling more effective public participation in law making. Resulting in the OIA 1982.

“the presumption of an open government with a few exceptions”.

Question 7

OIA “Information”

Answer 7

Can come in any form (someones head, paper, digital etc.,)

Question 8

OIA “official”

Answer 8

This info must be held by a department or orginiation

Question 9

Purpose of OIA 1982?
(S 4)

Answer 9

Increase availability of official info to the public in order to -
- enable effective participation in making of laws and policies.
- Promote accountability of ministers & officials.
- If info is about you, you should know & be able to acess.
- Protect offical info to the extent consistent with public interest.

Question 10

Principle of availability (s 5)

Answer 10

Info should be available unless there is good reason for witholding it.

Question 11

(s 12) conditions of making a request

Answer 11

• Must be a person, NZ citizen AND permanent resident.
• Exec has 20 days to decide.

Question 12

Refusals of Info (s 18)

Answer 12

• s 6 = conclusive reasons for witholding
• s 7 or 9 = balance non-disclosure with public interest of disclosure
• s 3 = Can withold if is necessary to.
• s 10 = sensitive info, can neither confirm or deny the info exists.

Question 13

Reasons and review - s 19

Answer 13

reasons for refusal must be given
(unless s 10 applies)

Question 14

Reasons and review - s 28
IGNORE

Answer 14

Ombudsman may investigate and review refusals

Question 15

Reasons and review - s 30
IGNORE

Answer 15

Ombudsman may report and make recommendations

Question 16

Reasons and review - s 31

Answer 16

If PM certifies its likely to prejudice security or defence, disclosure cannot be reccommened by the Ombudsman.

Question 17

Reasons and review - s 32

Answer 17

Public duties to obesrve the Ombudsman recommendations.

Question 18

Difference between s 6 and s 9?

Answer 18

s 6 = usually quite serious things - national security, safety, economic interests.

s 9 = Less serious factors.

Question 19

Where info must be released?

Answer 19

s 22, s 23, s 24

Question 20

If trying to decide whether information should be witheld which section test will be easier to meet?

Answer 20

S 6 test will be easier to meet than s 9

Question 21

Where info must be released s 22

Answer 21

a document containing policies, principles rules etc, decisions for recommendations.

Question 22

Where info must be released s 24

Answer 22

The right of access to personal info

Question 22

Where info must be released s 23

Answer 22

written stmt of findings, reasons for decision or recommendations

Question 23

Structure for gathering info:

Answer 23

1. is it official info (i.e whos holding it)
2. Is it about someone in their personal capacity?
3. Is it about the person applying for it? (If about them, move on from ordinary provisions of OIA, look to ss 22, 23, 24)
   IF No:
   - Go to the privacy act as thats how one gets info on themselves.

Question 24

OIA process, general structure

Answer 24

1. is the official info held bya department or organisation? 2. is it personal info or about a person in their personal capacity? 3. if no, the principle of availability and purposes of OIA (ss4,5) 4. Request made by a legal person (s 12) 5. Department or organisation must respond within 21 working says, unless extension (s 15, s 15A) 6. Depaertment can only refuse for s 18 reasons. 7. s 6 any conclusive reason for withholding? If yes, info will be withheld. S 10 may also apply. 8. If no, any s 9(2) reasons for withholding? - if no info disclosed 9. if yes, s 9(2) applied - if it outweighed by s 9(1)? If no = withheld. 10. if yes, info disclosed by may be with deletions (s 17) 11. complaint? go to ombudsman 12. If ombudsman recommends disclosure, is there a PMs certificate under s 31 - if yes = info withheld - if no = public duty to comply with ombudsman (s 32) 13. if ombudsman doesn't recommend disclosure, may seek JR.

Question 25

Summary gathering info:

Answer 25

1. Whos holding it? 2. Whos it about? 3. If about applicant, ss 22, 23, 24 4. If they dont apply, go to privacy act