Outcomes - Selected Case Summaries

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Food Premises Consumer Complaints and Inspection Reports

Informal Resolution | 11 June 2020
Department of Environmental Health (DEH)

The DEH received a request for records of consumer complaints and inspection reports relating to food premises in 2018 and 2019. Access was denied under the FOI Law, based on the purported commercial value of the information, which it was claimed would be, or would reasonably be expected to be, destroyed or diminished if the information were disclosed. The applicant appealed to the Ombudsman.

We reviewed the records and met with the DEH and Ministry of Health, who agreed to revisit the decision and seek a legal opinion. The applicant then asked for a formal hearing before the Ombudsman.

However, the DEH subsequently agreed to fully disclose the food premises consumer complaints and partially disclose the food inspection reports. The applicant was satisfied with the records received and the appeal was closed.