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.
61 Resources Show all
Charge for the supply of information about Southern Saltmarsh Mosquito Eradication Programme
Case notesUnreasonable to increase charge that had already been fixed and agreed by the requester.Annual Report 2008/2009
Annual reportsIn order to fulfil our legislative mandate and to manage our work programme more efficiently and effectively, we have reorganised the Office into targeted teams (see p 12). An advisory group has been established to support the Ombudsmen and Deputy Ombudsman. This will strengthen consistency in Ombudsmen decisions, uniformity of professional practice, and provide a more rigorous quality assurance over the Office output. It will also assist in our goal to widen our focus from individual complaints to a closer analysis of systemic administrative failings of which the complaints may be symptomatic.Charge for supply of information about Treaty claim over three year period
Case notesNo remission of charge in the public interest or due to hardshipRequest for adult daughter’s ACC file
Case notesSection 9(2)(a) OIA applied—in the absence of consent withholding was necessary to protect the daughter’s privacy—no public interest overrideRequest for staff named in emails about genetically modified corn
Case notesSection 6(d) OIA did not apply—no real and objective risk of danger to safety—s 9(2)(g)(ii) OIA did not apply—many of the names were already publicly available in connection with this issue and no harm had ensued—section 9(2)(g)(i) OIA did not apply—infRequest for names of members of advisory committee on national standards for abortion services in New Zealand
Case notesSection 9(2)(g)(ii) OIA applied— Abortion Supervisory Committee provided evidence of past instances of harassment—reasonable likelihood that release would lead to improper pressure or harassment which would impact on the ability and willingness of commiRequest for Hazardous Activities and Industries List
OpinionsOn 4 September 2008 Mr Sharpe sought from the Council “details of the 3099 ‘Unverified HAIL’ sites in the region, i.e. their location and the activity/industry that are known to have the potential to cause land contamination”.Request for draft agreement to investigate, construct and operate a windfarm
Case notesReleasing draft agreement would damage the relationship between the Council and the company, and make it more difficult for the Council to conclude the negotiations successfully—s 7(2)(i) appliesRequest for public submissions on draft standard
Case notesMembers of the public with a vested interest in developing standards would not be deterred from expressing their opinions in futureRequest for charitable trust’s funding application
Case notesTrust does not have a commercial position—even if it did, release of the information would not be likely unreasonably to prejudice it—the trust has no competitors, and is very different to other organisations in terms of its size, nature of operations and services¬—s 9(2)(b)(ii) does not applyCharge for supply of board minutes
Case notesCannot charge for administrative costs associated with the way an agency chooses to process a request—charge reduced—no remission of charge in the public interest or due to personal hardshipRequest for names of tenderers and prices
Case notesRelease of names and total prices, as opposed to detailed pricing or market strategy, would not be likely unreasonably to prejudice the tenderers’ commercial positions—public interest in release to promote integrity and transparency of the tender process—s 7(2)(b)(ii) does not applyRequest for report on DHB governance issues
Case notesDisclosure of report at time of request would have inhibited expression of free and frank opinions by officials—but passage of time and change in circumstances had diminished the likelihood of such prejudice—senior public servants would not be inhibited from expressing free and frank opinions in futureRequest for information about review of schools’ operational funding
Case notesInformation not of an advisory nature—information tendered by an external advisory group, not Ministers or officials—disclosure would not prejudice ability of Ministers to consider advice eventually tendered by officials—s 9(2)(f)(iv) did not applyImmigration New Zealand’s advice to Associate Minister of Immigration unreasonable
Case notesImmigration New Zealand (INZ)—misleading and inadequate advice provided to Associate Minister of ImmigrationImmigration New Zealand officials’ poor record keeping resulted in unreasonable intervention in appeal process
Case notesImmigration New Zealand (INZ)—incorrect advice given to complainant based on misunderstanding of complainant’s situation—misunderstanding caused by lack of proper record keeping by INZ—failure to refer complainant to her legal advisor before she made a significant change to her immigration situation—removal order cancelled, person returned to NZ with ongoing permitsImmigration New Zealand unreasonable to stamp decline in passport
Case notesImmigration New Zealand unreasonable to stamp passport to show application was declined when no legal authority for this practiceDepartment of Internal Affairs accepts process cancelling citizenship managed unreasonably
Case notesComplaint about decision of Department of Internal Affairs (DIA) to de-register complainant’s NZ citizenship by descent - complainant adopted in India by uncle who was NZ citizen - adoption considered to be a ‘recognised overseas adoption’ and complainant was registered as a citizen by descent in October 2002Ministry of Agriculture’s aerial spray programme had unreasonable impact on population
Case notesMinistry of Agriculture and Fisheries—Ministry of Health—actions in relation to the aerial spraying of Foray 48B (to eliminate the Painted Apple Moth) in West Auckland and Hamilton—inadequate advice to ministers about impact of spray operationsLocal Authority unreasonable to review peppercorn rental without prior notice
Case notesPeppercorn rent paid to Council for encroachment licence fee for garage—Council increased amount—inconsistent process—Ombudsman viewed increase unreasonable because of lack of noticeLocal Authority and property vendors both responsible for checking lease agreement
Case notesLocal Authority—unreasonable not to have contacted previous lease holder three months after licence to occupy had expired and before agreeing to lease land to another person—Local Authority agrees to apologise to complainantLocal Authority not unreasonable to allow retrospective consents on building already constructed
Case notesLocal Authority issued an abatement notice to developers—Ombudsman concludes it was reasonable for Council to allow building to proceed while consent process completed—Council acted in accordance with the Resource Management Act (RMA)Local Authority unreasonably failed to consider planning implications for building addition
Case notesLocal Authority unreasonable to require the complainant to obtain a resource consent for completed building work, which had been authorised by the Council three years previouslyRegional Authority’s tender process inadequate
Case notesRegional Council’s tender processes unreasonable, although the tender was incomplete, the Council officer contacted complainant after close of tenders to clarify his tender—having allowed an incomplete tender to proceed and provided complainant with an opportunity to clarify the tender, it was unreasonable for that clarification not to have been provided to the Tender CommitteeActions of Office of Treaty Settlements reasonable in relation to a claim settlement process
Case notesOffice of Treaty Settlements—reasonable for OTS to rely on the findings of the Waitangi Tribunal that the South Island Landless Natives Act 1906 (SILNA) represented an inadequate response to the Ngāi Tahu landlessness and to regard any grievances that members of Ngāi Tahu might have with the adequacy of land granted under SILNA as a matter appropriately addressed during the Ngāi Tahu settlement process rather than remaining outside itMinistry of Justice’s consultation with community when deciding on Youth Residence site not unreasonable
Case notesMinistry of Justice announced site of a youth residence premises—concerns that consultation process not appropriately carried out with local community—complaint that advice to Minister from Ministry unreasonable—Ombudsman concluded advice was not unreasonable and consultation process appropriateOmbudsman not authorised to consider terms and conditions of service of armed forces
Case notesComplaint about Government decisions regarding exposure of Viet Nam veterans to Agent Orange—Ombudsman declines to intervene—one reason being that s/he is not authorised to investigate any matter concerning the terms and conditions of service of a member of the defence forcesEnergy Safety Service remedied initial inadequate investigation of accident
Case notesManner in which Energy Safety Service carried out investigation inadequate—however further inquiries made later—Ombudsman satisfied with later inquiries and concluded the decision not to prosecute not unreasonable in the circumstancesDepartment of Internal Affairs not unreasonable to cancel passport
Case notesDepartment of Internal Affairs—decision to recall and cancel complainant’s NZ passport – position determined by terms of legislationDepartment of Internal Affairs accepts it unreasonably interpreted requirements for death certificate
Case notesDepartment of Internal Affairs (DIA) did not allow certain details on death certificate—complainant requested amended death certificate for father because of error relating to birth date noted on original certificate—DIA accepted the Ombudsman’s opinion that the information should be recorded as required under the legislation at the time of deathCanterbury District Health Board received inadequate advice about historic place
Case notesDistrict Health Board’s decision to sell land around disused hospital in Hanmer Springs—requirements for consultation discussed—requirement for keeping open mind referred to—an inadequate summary of submissions provided to Board—Department of Conservation asked to reassess siteRequest for deceased relative’s medical file
Case notesSection 9(2)(a) OIA did not apply—no meaningful privacy interest in information about an individual deceased for nearly 90 years—information released