Brainscape's Knowledge GenomeTM

Browse over 1 million classes created by top students, professors, publishers, and experts.


See full index

LAWS204 > Executive continued... > Flashcards

Executive continued... Flashcards

1
Q

Ombudsman

A

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

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

Ombudsman role (3)

A
  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.
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

Ombudsman general jurisdiction

A

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

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

Why is there a public duty to Ombudsman recommendations

A

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

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

OIA 1982 stands for what

A

Official information act 1982

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

Why was it created?

A

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”.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

OIA “Information”

A

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

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

OIA “official”

A

This info must be held by a department or orginiation

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

Purpose of OIA 1982?
(S 4)

A

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.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

Principle of availability (s 5)

A

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

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

(s 12) conditions of making a request

A
  • Must be a person, NZ citizen AND permanent resident.
  • Exec has 20 days to decide.
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

Refusals of Info (s 18)

A
  • 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.
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

Reasons and review - s 19

A

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

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

Reasons and review - s 28
IGNORE

A

Ombudsman may investigate and review refusals

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

Reasons and review - s 30
IGNORE

A

Ombudsman may report and make recommendations

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

Reasons and review - s 31

A

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

17
Q

Reasons and review - s 32

A

Public duties to obesrve the Ombudsman recommendations.

18
Q

Difference between s 6 and s 9?

A

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

s 9 = Less serious factors.

19
Q

Where info must be released?

A

s 22, s 23, s 24

20
Q

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

A

S 6 test will be easier to meet than s 9

21
Q

Where info must be released s 22

A

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

22
Q

Where info must be released s 24

A

The right of access to personal info

22
Q

Where info must be released s 23

A

written stmt of findings, reasons for decision or recommendations

23
Q

Structure for gathering info:

A
  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.
24
Q

OIA process, general structure

A
  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.

  1. If no, any s 9(2) reasons for withholding?
    - if no info disclosed
  2. if yes, s 9(2) applied
    - if it outweighed by s 9(1)? If no = withheld.
  3. if yes, info disclosed by may be with deletions (s 17)
  4. complaint? go to ombudsman
  5. 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)
  6. if ombudsman doesn’t recommend disclosure, may seek JR.
25
Q

Summary gathering info:

A
  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

LAWS204 (2 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2024 Bold Learning Solutions. Terms and Conditions