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Chief Ombudsman’s statement on High Court TPPA Decision

Chief Ombudsman’s statement on High Court TPPA Decision

Date: 13 October 2015

The High Court’s decision released today requiring the Minister of Trade to reconsider his decision relating to Professor Jane Kelsey’s request for information about the TPPA relates only to the decision making process followed by the Minister.

As the judgment makes clear, the Court was not concerned with the merits of the Minister’s decision or the Chief Ombudsman’s report following her independent investigation and review.

The Court made no finding on whether the Official Information Act provided proper grounds for refusal of Professor Kelsey’s request. The Court declined to make the declarations sought by the plaintiff and instead quashed the Minister’s decision and directed him to reconsider Professor Kelsey’s original request.

Any suggestion that the Court passed judgement on the merits of the Chief Ombudsman’s decision is incorrect.

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