tribunals and officers of parl - ombudsman

Question 1

what does the ombusman do

Answer 1

• finds that nz govt isn’t doing enough and calls on them to do more

Question 2

the ombusman handles

Answer 2

• complaints and investigate the administrative conduct of state sector agencies

Question 3

we look at the ombudsman under the

Answer 3

OIA act and OMBUDSMAN ACT

Question 4

the ombudsman has a

Answer 4

broad power to investigate as per s13(1) OA

Question 5

s13(1) OA

Answer 5

• INVESTIGATES any decision made or act done by any person or body of persons in their personal capacity by any dept or organisation in schedule one

Question 6

what is sechdule one referred to in s13(1) OA

Answer 6

includes govt ministers and dept, crown entities, soes

over 4000 agencies

Question 7

the jurisdiction of s13(1) OA is

Answer 7

confined to low level administrative measures

Question 8

ombudsmane investigates decisions under act

Answer 8

can investigate decision made under an act even if the decision is said to be final

Question 9

ombusman can pursue complaints or investigate under

Answer 9

its own volition or it can have matters referred to it by for example the pm for committees of the house for petitions

Question 10

when are two instances that the ombudsman cannot investigate

Answer 10

1. where legislation gives a right of appeal on the merits unless o believes that it is not reasonable for the effected person to pursue their right of appeal
2. decisions of legal advisors to the crown or matters regarding the POLICE

Question 11

WHAT IS the first step of the ombudsman investigation process

Answer 11

1. complaints can be made orally or in writing but should be made in writing

Question 12

WHAT IS the second step of the ombudsman investigation process

Answer 12

ombudsman will first inform/warn the department under investigation

Question 13

what is the privacy of the investigation by the ombudsman

Answer 13

investigations are conducted in private, not subject to the privacy act or OIA

Question 14

omb powers to gain info

Answer 14

the powers are very wide

Question 15

after the investigation, o makes

Answer 15

recommendations under s22 oa

Question 16

ground of recommendations for the ombudsman

Answer 16

broader than judicial review, but is similar to JR

Question 17

the o can make recommendations on

Answer 17

pretty much anything, e.g conduct, the law itself, decisions, uses of discretionary power

Question 18

whats is the difference of JR to the ombudsman review

Answer 18

the o can make recommendations on the law itself where as JR cannot

Question 19

are the recommendations make by the o binding?

Answer 19

no they are nit, unless in relation to the OIA, however they are very persuasive

Question 20

where are the recommendations sent in order

Answer 20

1. dept and minsters concerned
2. if not followed they are sent to the pm or the house

Question 21

as per ss 25 and 26

Answer 21

the o cannot be sued for their recommendations

Question 22

what are the advantages of going to the o rather than the courts

4

Answer 22

1. broader grounds
2. cheaper and more accessible
3. more privacy
4. can be inquisitorial

Question 23

what are the advantages of going to the o rather than the courts

expalin

1. broader grounds

Answer 23

it is concerned with bad decisions made within the law not just ultra vires actions as per JR

Question 24

OIA

Answer 24

Allows people to access official information

Question 25

what is official information

Answer 25

information held by a department, minister or organisation

Question 26

department is

Answer 26

public service agencies as list in schedule one but not the courts, tribunals or royal commissions

Question 27

purpose of the oia

Answer 27

to increase accountability and accessibility to official info and promote executive accountability and good government

Question 28

the purpose of the oia is also to withhold

Answer 28

information to the extent consist ent with the public interest and the preservation of personal privacy

Question 29

what is the principle of avaiblity

Answer 29

s5 - information should be made available unless there is good reason for withholding it

Question 30

who can make a request and what sections

Answer 30

any citizen or permanent resident s12

Question 31

how long to decide whether to grant info and what section

Answer 31

request has 20 working days to decide whether to grant access to the information s15

Question 32

what does s15a say

Answer 32

extensions to the 15 days can be granted if large quantity or consultation nesseacry

Question 33

there may be .... as per s15

Answer 33

charges, small charges for printing or Labour costs

Question 34

s17

Answer 34

info may have redacted portions

Question 35

citizens/ residents are entitled to

Answer 35

written statement as to why a decision or recommendation was made about you

Question 36

although there is a presumption of avaibalibity under s5...

Answer 36

under s18, info can be refused

Question 37

under section 6 lists CONCLUSIVE reasons for withholding information what do these include

Answer 37

- matter of nation safety - protects someones safety - maintenance of the law

Question 38

in order to withhold info based on the reasons in section 6, disclosing the info must be or in this case they should be

Answer 38

likely, on the balance of probabilities to bring the feared effect Kelsey = real or significant possibility

Question 39

the reasons for withholding info doesn't need to be

Answer 39

weighed up against the public interest in disclosure, if one of the reason applies the info will not be shared

Question 40

under section 9 lists OTHER reasons for withholding information what do these include

Answer 40

PRIVACY, health, cabinet discussions

Question 41

under s9 other reasons, withholding must be or in this case they should be

Answer 41

nessacery to avoid the feared s9 effect Kelsey = nessecary = essential to protect or avoid consequence

Question 42

the reasons in s9 are

Answer 42

not conclusive so they need to be balanced against the public interest in disclosure

Question 43

if the s9 reason outweighs the public interest in disclosure

Answer 43

it must be disclosed

Question 44

s18 oia

Answer 44

administrative reason for withholding, info will b available soon

Question 45

section 10 oia

Answer 45

if confirming to acknowledging the mere existence of info would be prejudicial for reason under 6 7 or 9 the dept can write that they can neither confirm nor deny the existence of the info

Question 46

what is s7 oia

Answer 46

Special reasons for withholding official information related to the Cook Islands, Tokelau, or Niue, or the Ross Dependency

Question 47

Kelsey v minister of trade facts

Answer 47

Kelsey had their request fro info regards the transpacific partnership agt negotiation declined by the minister of trade k sought JR clAMING the oia was applied incorrectly

Question 48

based on Kelsey likely in s6 means

Answer 48

real or significant possibility

Question 49

based on Kelsey nescasery in s9 means

Answer 49

essential to protect or avoid consequences

Question 50

hc said in Kelsey v minister of trade

Answer 50

blanket approach is unlawful the minsters was retired to consider each request of info under s6 s9 s18

Question 51

if there is uncertainty regarding s9 of the test

Answer 51

decision is made in favour of the release

Question 52

Kelsey v minister of trade held and key takeaway

Answer 52

decision was quashed and asked to be remade the blanket approach is unlawful

Question 53

ombudsmen review

Answer 53

if person reuqtesiing info believes they have had their request wrongly declined there is a review procedure

Question 54

what is the first step of the decinlees process

Answer 54

decinlee must go to ombudsman who can investigate the decision and make non binding recommendations to govt dept and minsters

Question 55

ombudsman who can investigate the decision to withhold Oi under

Answer 55

s28

Question 56

ombudsman make non binding recommendations to govt dept and minsters under

Answer 56

s30

Question 57

s31

Answer 57

pm certifies that disclosure is likely to prejudice security or defence, the o cannot release

Question 58

s32

Answer 58

public duty to observe the recommendation arises after 21 days

Question 59

if ombudsman does not prove a satisfactory result ..

Answer 59

go to court