Resources and publications
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Search guides, case notes, opinions, reports and other information. Resources and publications can also be searched by date and other options.
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More information about the resource categories on this page
Guides
Commonly used guides include:
- The OIA for Ministers and agencies
- The LGOIMA for local government agencies
- Making official information requests: a guide for requesters
Detailed guidance on the official information legislation and aspects of good administrative practice.
We also have guidance on disability rights and protected disclosures.
Case notes and opinions
Case notes are a short case summary, often demonstrating an aspect of a case.
An Ombudsman's Opinion is published where there is public interest in showing the full details of a case.
Reports
Reports include OPCAT, disability rights, official information practice and systemic investigation.
Outreach
Contains our media releases, newsletters, pamphlets, speeches and fact sheets. Fact sheets are published in multiple language and accessible formats.
Corporate documents
This includes our annual reports and strategic intentions.
Projects, reference and data
This includes our official information complaints data, updates on investigations and other projects, and submissions by the Ombudsman.
View all projects, reference and data
Template letters and work sheets
These template letters and work sheets can be used by agencies to help respond to official information requests.
52 Resources Show all
Ex-gratia payment for superannuitant in receipt of overseas pension
Case notesRequest by superannuitant for ex-gratia payment for deduction of voluntary component of overseas pension from New Zealand superannuation – Ministry of Social Development failed to advise superannuitant of discretion to defer commencement of deductioRequest for RMA side agreement between Council and iwi
Case notesSection 7(2)(c)(ii) LGOIMA applied—agreement contained express obligation of confidence— release would be likely to damage the public interest in encouraging parties to settle their disputes without resorting to litigation—public interest in accountabilDecision by public transport operator not to reimburse charges incurred due to unavailability of public transport services
Case notesComplainant unable to board public transport service within 30-minute transfer period incurs extra charges—operator declines to provide a refund citing its policy—complainant alleges an obligation to provide services to all destinations within 30 miCharge for supply of information about the closure of Naenae Pool
Case notesDecision to charge $228 for supply of information about the closure of Naenae pool was unreasonable—the significance of the issue within the Lower Hutt community warranted a full waiver of that charge—Council agreed to waive the fee and change its chargRequest for information on public service chief executive pay and remuneration
Case notesRequest for information on chief executive pay and remuneration—s 9(2)(a) did not provide good reason to withhold total chief executive pay—disclosure recommended by the Chief Ombudsman—s 9(2)(a) did provide good reason to withhold individual componResponse of Board of Trustees to parents’ complaint about bullying
Case notesFailure of school to deal effectively with bullying of autistic and gifted student – parents complain to Board of Trustees – response received a year later- parents highly dissatisfied – investigation discloses that independent review conducted withoutRequest for Police Commissioner’s letter to the Minister about Deputy Commissioner
Case notesRequest for letter written by the Police Commissioner to the Minister of Police about response to Independent Police Conduct Authority (IPCA) findings on bullying complaints about Deputy Police Commissioner—s 9(2)(a) applied—information related to tRequest for Chief Executive’s performance agreement and KPIs
Case notesRequest for Chief Executive’s performance agreement and KPIs—s 7(2)(a) LGOIMA did not provide good reason to withhold most of the performance agreements and KPIs—however, s 7(2)(c)(ii) provided good reason to withhold ‘stretch targets’—there was a mDecision not to include proposal in shortlist for Christchurch regeneration area plan
Case notesComplainant’s proposal for the draft Ōtākaro/Avon River Corridor Regeneration Plan excluded from shortlist of proposals for public notification—complainant alleged assessment of proposal flawed, failure of agency to engage with complainant regardingSubmission of the Ombudsman - OIA consultation July 2019
Projects, reference & data, SubmissionsIn March, the Ministry of Justice announced a public consultation on matters relating to the Official Information Act.Request for staff names and initials in Commerce Commission memorandum
Case notesSection 9(2)(a) OIA did not apply—not necessary to withhold staff names to protect their privacy—section 9(2)(g)(ii) did not apply—no information to suggest release would lead to improper pressure or harassment—section 9(2)(g)(i) did not apply—no reasonRequest for correspondence between agencies and Operation Burnham inquiry
Case notesInformation held by agencies was ‘official information’—no exclusions applied—section 32 of the Inquiries Act did not change the status of the information held by agencies as ‘official’— information released with redactionsRequest for emails generated in the course of the Ombudsman’s preliminary inquiries
Case notesThis case note relates to the Ombudsman’s investigation and review of a decision by the Ministry of Education to redact some information from its email responses to the Ombudsman’s preliminary inquiries.Request for names and contact details in Department of Corrections’ emails
Case notesSection 9(2)(a) OIA did not apply to names—many of the names were publicly available— seniority— section 9(2)(g)(ii) did not apply to names—no evidence to suggest release would lead to improper pressure or harassment—section 9(2)(a) did not apply to emaRequest for information about Operation Burnham
Case notesSection 6(c) can potentially apply to prevent prejudice to the conduct of an inquiry under the Inquiries Act—however, blanket refusal was not justified—basic and uncontested factual material could be provided—section 6(c) applied where questions soughtRequest for drafting instructions on the Injury Prevention, Rehabilitation and Compensation Bill
Case notesParliamentary Privilege Act 2014 did not provide a statutory bar on the Ombudsman’s investigation of a complaint under the OIA—section 9(2)(h) applied—withholding necessary to maintain legal professional privilege—no public interest overrideRequest for officials’ names in information about glyphosate
Case notesSection 9(2)(a) OIA did not apply—not necessary to withhold staff names to protect their privacy—section 9(2)(g)(ii) did not apply—no information to suggest release would lead to improper pressure or harassment—possibility of public criticism not enoughRequest for emails between officials discussing the advice that should be tendered on the answering of parliamentary questions
Case notesParliamentary Privilege Act 2014 did not provide a statutory bar on the Ombudsman’s investigation of a complaint under the OIA—section 9(2)(g)(i) applied—release would prejudice the free and frank expression of similar communications in future—no publicRequest for contact details of Housing New Zealand staff
Case notesSection 9(2)(g)(ii) OIA applied—there was a strong likelihood that staff would be subjected to further harassment or improper pressure if the requester obtained their contact details—this conduct could detrimentally affect staff thus impairing HNZ’s abiRequest for offender’s photo on police file
Case notesRape victim sought photograph of attacker whose face she had never seen—Police refused the request to protect the privacy of the offender—s 9(2)(a) applied—public interest in assisting victims of crime to recover from trauma and move on with their lives—balance of competing privacy and public interest considerations needed to be made—appropriate to make photograph available for viewing subject to appropriate conditionsRequest for qualifications and work history of staff at Polytechnic Department
Case notesRequest for details about staff at Polytechnic—withheld under s 9(2)(a) to protect privacy—public interest in ensuring employment practices of Polytechnic are transparent and fair—met by summary release of staff details and selection processRequest for copy of competitor’s licence deed
Case notesFerry service operator requested copy of competitor’s licence deed from ferry terminal facility owner—request refused under s 7(2)(b)(ii) LGOIMA on basis release would prejudice commercial position of licensee—licensee argued that it had originally negotiated licence in atmosphere of complete commercial confidentiality with then port authority at a time when neither party was subject to LGOIMA—Ombudsman considered s 8 LGOIMA and s 75 Local Government Act 2002—neither Act contains transitional or saving provisions concerning information held by private bodies that later become subject to this legislation—request for such information should therefore be considered in same way as any other LGOIMA request—Ombudsman found no commercial prejudice likely and strong public interest in release—facility owner released information.Request for ACC notice board bulletin
Case notesRequester sought a copy of ACC notice board bulletin - bulletin contains commentary and advice on various court decisions - prepared by practising solicitor in his professional capacity - purpose is to give general legal advice to case managers who routinely request and rely upon it - refused under s 9(2)(h) - legal professional privilege applies - no waiver even though it was distributed widely amongst ACC staff - marked confidential and subject to privilege - no public interest in release that outweighed strong public interest in ensuring privilege is maintained.Request for names and email addresses of people consulted on draft speech
Case notesRecipients and senders of emails consulted—disclosure would not inhibit senior public servants from expressing free and frank opinions in future—however others would be inhibitedDelays by Te Puni Kōkiri in responding to requests from opposition researcher
Case notesBlanket policy to consult Minister on all OIA requests unlawful—Ministerial ‘clearance’ or ‘approval’ of agency OIA requests not permittedOIA request extension notified outside time limit
Case notesRequest for large amount of information relating to tobacco control—extension to time limit for responding to request required—extension notified outside time limit in s 15A—deemed a refusal—no further investigation required as decision on request pendingRequest by mother for copy of letter she viewed at her son’s family group conference
Case notesMother requested copy of letter she viewed at her son’s family group conference—refused under s 18(c)(i) because all FGC matters are confidential—s 38 of Children, Young Persons and their Families Act 1989—disclosing letter to person who attended FGC does not amount to ‘publishing’ as prohibited by s 38—letter released with provisoRequest for draft answers to parliamentary questions prepared by Police staff
Case notesSection 9(2)(g)(i) applied—release would prejudice the free and frank expression of similar communications in future—no public interest overrideRequest for comments on early draft cabinet papers
Case notesRequest for documents regarding Kyoto Protocol—information contained initial Treasury comments on draft versions of cabinet paper—part of informal consultation early in policy making process—concern that release would result in officials being less co-operative and formalise the process—withholding necessary to maintain effective conduct of public affairsRequest for NZSIS files concerning two NZ scholars
Case notesWriter sought NZSIS files on two individuals—Refused under s 6—bulk of information had been provided by overseas authorities under strict confidentiality agreements—various agencies consulted—some consented to release whereas others did not—complainant agreed to contact overseas agencies directly—ss 6(a) and 6(b) applied—release contrary to agreement would compromise quality and supply of similar information in future which would prejudice NZ’s security—some information released with identifiers deletedRequest for printed copies of Ministers’ official diaries
Case notesRequest for printed copies of certain Ministers’ official diaries covering a three month period—printed copies of the diaries released with certain names and contact details deleted—a Minister’s diary per se is official information but not all the iRequest by Korean company for information relating to Ministry of Defence decision not to shortlist the company
Case notesSolicitors for Korean based company sought information on Ministry of Defence’s decision not to shortlist company in tender process—Ministry argued solicitors were agent for company which had no rights under the OIA—evidence suggested company had a place of business in New Zealand—s 12(1)(e) applied