Burtenshaw and Department of Natural Resources, Mines and Water;Dunn (Third Party)
(2004 F0553, 12 May 2006)
s.43(1) Legal Professional Privilege – s.44(1) Personal Affairs – s. 11A Documents not subject to FOI Act (Government Owned Corporation) – s.22 Information publicly available – Information out of scope of FOI application
The original access applicant sought access to documents concerning the upgrade of tenure of two parcels of land. The Department of Natural Resources, Mines and Water (DNRMW) decided to refuse access to some of the documents on the basis that they were exempt from disclosure under s.43(1) and/or s.44(1) of the FOI Act, or the FOI Act did not apply to the documents pursuant to s.11A of the FOI Act, or the information was publicly available pursuant to s.22 of the FOI Act, or was outside the scope of the access application.
Assistant Commissioner Rangihaeata varied the decision under review. AC Rangihaeata found that additional matter in issue was exempt from disclosure under s.44(1) including information related to the external review applicant and other person's personal relationships, health and personal financial obligations. AC Rangihaeata also found additional matter in issue was not subject to the FOI Act pursuant to s.11A of the FOI Act, as such documents were documents received, or brought into existence, by Ergon Energy in carrying out its commercial activities. AC Rangihaeata found that further matter in issue was outside the scope of the access application, including matter relating to other land and complaints made, that did not relate to the application for upgrade of tenure, or documents that were created or received by the DNRMW after the date of the access application.