HS and Department of Natural Resources and Mines

Application number:
2005 F0032
Decision date:
Friday, Jan 27, 2006

HS and Department of Natural Resources and Mines
(2005 F0032, 27 January 2006)

Personal affairs – Legal professional privilege – Breach of Confidence 

The applicant sought access to documents relating to her property.  Assistant Commissioner Rangihaeata found that the matter in issue claimed to be exempt by the Department of Natural Resources and Mines (DNRM) under s.43(1) of the FOI Act fell within the scope of confidential communications between the Legal Services unit of DNRM and its clients within the DNRM and communications with a member of counsel, in the course of seeking and providing legal advice and assistance.  In relation to the claim for exemption under s.46(1)(a), AC Rangihaeata found that while there was a contractual obligation of confidence between the DNRM and a banking institution in relation to a Deed, she considered that the courts would not impose an obligation of confidence on DNRM in relation to the total amount paid by DNRM to the banking institution due to the public's legitimate interest in obtaining that information. 

AC Rangihaeata found that the matter in issue claimed to be exempt under s.44(1) of the FOI Act comprised names, addresses and telephone numbers of persons, details of relationships and third party complaints, which appeared in a context such that disclosure of such matter would disclose information concerning the personal affairs of a person other than the applicant.  AC Rangihaeata found that additional information of this nature existed in the documents held by DNRM.  AC Rangihaeata found that disclosure of the personal affairs information would not contribute in any substantial way to ensuring accountability of DNRM in respect of actions taken in relation to the transfer of the property in issue. 

AC Rangihaeata varied the decision under review, by finding that the matter in issue qualified for exemption from disclosure under s.43(1), s.44(1) and/or s.46(1)(a) of the FOI Act, or the DNRM was otherwise entitled to refuse access under s.22(a) of the FOI Act, with the exception of the total amount paid by the DNRM to the relevant banking institution, where such information is not otherwise exempt under s.43(1). AC Rangihaeata also found that additional information contained in the documents qualified for exemption from disclosure under s.44(1) of the FOI Act.