Justice Centre | 19 Aitken Street
DX SX10088 | Wel ington
T 04 918 8800 |
F 04 918 8820
[email address] | www.justice.govt.nz
7 June 2024
NZ Council for Civil Liberties
[FYI request #26403 email]
Our ref: OIA 111347
Tēnā koe New Zealand Council for Civil Liberties,
Official Information Act 1982 request: Appointment of an Ombudsman and
amendment of the Ombudsmen Act 1975
Thank you for your request to the Ministry of Justice (the Ministry) of 11 April 2024, under
the Of icial Information Act 1982 (the Act). Specifically, you requested:
1. Al advice, briefings and intra-Ministry communications regarding:
(a) amendment of any aspect of sections 3-8 of the Ombudsmen Act 1975; and
(b) the Chief Ombudsman’s resignation and the process to appoint a new Ombudsman;
both within the period from 1 January 2020 to date.
2. Al correspondence between the Ministry and the Chief Ombudsman regarding
amendment of any aspect of sections 3-8 of the Ombudsmen Act 1975 from 1 January
2020 to date.
3. Al correspondence between the Ministry and the Speaker of the House of
Representatives and officials in his office regarding:
(a) amendment of any aspect of sections 3-8 of the Ombudsmen Act 1975; and
(b) appointment or reappointment of an Ombudsman; both within the period from 1
January 2020 to date.
4. Al correspondence between the Ministry and the Clerk of the House of Representatives
and officials in his office regarding:
(a) amendment of any aspect of sections 3-8 of the Ombudsmen Act 1975; and
(b) appointment or reappointment of an Ombudsman; both within the period from 1
January 2020 to date.
The documents that fal within the scope of your request are set out in the attached
Appendix, and are attached. Please note that the Ministry does not hold any documents that
fall within the scope of question 3 of your request.
Some information is being withheld under the following provisions of the Act:
• section 9(2)(a), to protect the privacy of natural persons
• section 9(2)(g)(i), to protect the free and frank expression of opinions by or between
or to Ministers of the Crown
• section 9(2)(h), to maintain legal professional privilege
• section 18(c)(i ), as making the information available would constitute contempt of
court or of the House of Representatives.
Please note that this response, with your personal details removed, may be published on the
Ministry website at: justice.govt.nz/about/official-information-act-requests/oia-responses/
If you are not satisfied with this response, you have the right to make a complaint to the
Ombudsman under section 28(3) of the Act. The Ombudsman may be contacted by phone
on 0800 802 602 or by email to [email address]
Nāku noa, nā
Kathy Brightwell
General Manager, Civil and Constitutional Policy
Appendix
Documents for release for OIA 111347
Document
number
Document name
Date
Document type
Withholding grounds
1
RNZ request
12/03/2024
Email
Some information withheld under section
9(2)(a)
2
RNZ request - ombudsman retirement
12/03/2024
Email
Some information withheld under section
9(2)(a)
3
RNZ request – due to MO at 4pm today
12/03/2024
Email
Some information withheld under section
9(2)(a)
4
Cal from Peter Boshier
9/02/2024
Email
Some information withheld under sections
9(2)(a), and 9(2)(g)(i)
5
Ombudsman term of appointment: legal y privileged – legal
advice from my lawyer
24/01/2024
Email
Some information withheld under sections
9(2)(a), 9(2)(g)(i), and 9(2)(h)
6
Ombudsmen Act 1975 - retirement provisions
23/02/2024
Briefing
Some information withheld under sections
9(2)(a), and 9(2)(g)(i)
7
Timetable for potential bil re: ombudsman retirement age
12/02/2024
Email
Some information withheld under sections
9(2)(a), and 9(2)(g)(i)
8
Proposal 912: Exemption requested
13/02/2024
Email
Released in ful
9
Proposal 912: Exemption granted
13/02/2024
Email
Released in ful
Withheld in full – some parts under section
10
MS Teams correspondence
From 12/02/2024
to 23/02/2024
Teams messages 9(2)(g)(i), the rest was out of scope
information that was removed
11
Ombudsmen Amendment Bil - LEG Bid
14/02/2024
Email
Some information (including email
attachments) withheld under section 9(2)(g)(i)
Some information (including email
12
Ombudsmen Act 1975 - retirement provisions
26/02/2024
Briefing
attachments) withheld under sections 9(2)(a),
and 9(2)(g)(i)
13
Cabinet paper - Ombudsmen Amendment Bil
26/02/2024
Email
Some information (including email
attachments) withheld under section 9(2)(g)(i)
14
Ombudsmen Amendment Bil
14/02/2024
Email
Some information withheld under sections
9(2)(a) and 18(c)(i )
Some information (including email
15
Ombudsmen Amendment Bil
13/02/2024
Email
attachments) withheld under sections 9(2)(a),
9(2)(g)(i), 9(2)(h), and 18(c)(ii)
16
Request for access
23/02/2024
Email
Email attachment withheld under section
9(2)(h)
17
Request for access
26/02/2024
Email
Email attachment withheld under section
9(2)(h)
Some information (including email
18
Advice on a motion in the House
23/02/2024
Email
attachments) withheld under sections 9(2)(a),
9(2)(h), and 9(2)(g)(i)
Notes
• Documents 1 to 13 relate to question 1, and are contained in the “Documents for Questions 1 and 2” attachment.
• Document 5 relates to both questions 1 and 2, and is contained in the “Documents for Questions 1 and 2” attachment.
• Document 10 contains conversations in Microsoft Teams between the Policy team members working on this matter. The information in
these conversations either relates to administrative or trivial matters considered outside the scope of your request, or is withheld under
section 9(2)(g)(i) of the Act.
• Documents 14 to 18 relate to question 4, and are contained in the “Documents for Question 4” at achment.
