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.
32 Resources Show all
Request 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 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) appliedRequest for electronic copies of Ministers’ official diaries
Case notesRequest for electronic copies of certain Ministers’ official diaries covering a three month period—electronic copies of the diaries held only in a particular software package not available to the requester—no obligation, under the OIA, for Ministers to provide electronic copy of the diaries in another software package—technical and administrative difficulties in providing electronic copies of the diaries—s 16(2)(a) of the OIA provides grounds to refuse to provide electronic copies of the diariesRequest for Crown Law opinion
Case notesRequest for Crown Law opinion that Creative NZ referred to in correspondence—withheld under s 9(2)(h)—legal professional privilege attached to information—whether partial disclosure of contents of opinion sufficient to constitute waiver—s 9(2)(h) appliedRequest for ingredients of Foray 48B
Case notesReleasing ingredients of pesticide used in aerial spraying operation would disclose a trade secret—public interest in disclosure finely balanced—s 9(2)(b)(i) provided good reason to withholdRequest for tape recording of Council Committee deliberations
Case notesProperty owner sought tape recording of Council Committee deliberations (public excluded) on his application for a resource consent—withheld under s 7(2)(f)(i)—basis for public exclusion invalid but withholding grounds still available to Council—information on tape recording consisted of free and frank expression of opinions which, if released, would harm ‘the effective conduct of public affairs’ by hampering, delaying or preventing future resource consent processes—no countervailing public interest considerations favouring release that would outweigh the need to protect informationRequest for land exchange agreement and valuations
Case notesNZDF exchanging land with private land owners under the Public Works Act 1981—OIA request made to NZDF for copies of the exchange agreement and valuations of respective properties—NZDF refused under s 9(2)(i)—Ombudsman noted majority of information in standard form and already publicly available—unable to identify ‘commercial activity’—rather transaction was for defence purposes within the terms of the Public Works Act—NZDF released the information subject to the withholding of some information under s 9(2)(j) and s 9(2)(b)(ii)Request for information relating to an investigation into alleged destruction of documents held by NZDF
Case notesRequest for information relating to an investigation into alleged destruction of documents held by New Zealand Defence Force—information withheld to prevent prejudice to the outcome of those inquiries—s 6(c) applied at the time the request was refused—information later released due to change in circumstancesLocal Authority cannot call ‘workshop’ a meeting for purposes of LGOIMA
Case notesCouncil Workshop—decisions not formally made—requirements of the Act cannot be avoided by calling a meeting a workshop—Local Government Official Information and Meetings Act 1987, s 45(1)Request for faxes annotated with advice from General Counsel
Case notesRequest for copies of faxes sent to New Zealand Dairy Board by the requester and any information generated by them—faxes annotated with advice from General Counsel—request declined under s 9(2)(h)—Board agrees to waive privilege and information releasedRequest for videotape of Police interview
Case notesRequest for videotape of Police interview—videotape withheld under s 9(2)(a)—strong public interest in the requester knowing how the Police had conducted its inquiries and responses given—release of transcript, subject to deletions, would meet public interestRequest by unsuccessful applicant for comparative information about himself and successful applicant
Case notesRequest by unsuccessful applicant for comparative information about himself and successful applicant—all information about requester released to him—detailed personal information about successful applicant withheld under s 9(2)(a)—requester seeking to establish why his application unsuccessful—matter resolved by provision of s 23 statement of reasons and a summary of successful applicant’s qualifications and work experience—s 16Request by TVNZ for names of companies providing Department of Social Welfare with transcripts or videos of TVNZ programmes
Case notesRisk of litigation is not an unreasonable prejudice—public interest in release of information enabling pursuit of legal rights and remediesRequests for information about decision making declined for being vexatious
Case notesRequests for further information declined under s 18(h)—requests not frivolous or vexatious—the information had not previously been made available Request to Apple and Pear Marketing Board involved substantial collation or research and the creation of explanations— ss 18(f) and 18(g) applyInappropriate public exclusion by local authority
Case notesDecision of local authority’s Environmental and Planning Committee to exclude the public from part of a meeting at which a draft regional policy statement was considered—inappropriate use of s 48(1)(d)Request for reasons for decision not to interview job applicant
Case notesRequest by unsuccessful applicant for statement of reasons for non-selection for interview—vague, non-specific statement provided—following review fuller statement identifying factors taken into account providedRequest by unsuccessful applicant for successful applicant’s performance agreement
Case notesRequest by unsuccessful applicant for successful applicant’s performance agreement—portions of agreement withheld under s 9(2)(a)—information at issue found to be about job requirements not personal about the jobholder—information released.Request for Crown Health Enterprise Business Plans
Case notesRequest for Crown Health Enterprise Business Plans—request refused on commercial grounds—some information protected by ss 9(2)(i) and 9(2)(j)—public interest in disclosure substantially met by release of balance of plansRequest to Minister of Immigration for copy of list of overstayers
Case notesRequest for copy of list of overstayers—request refused under s 9(2)(a)—list held compiled for internal 'alert' purposes and not necessarily accurate—privacy interest—no countervailing public interest considerations which outweighed need to withholdRequest for curricula vitae of applicants selected for interview
Case notesRequest for curricula vitae of applicants selected for interview—information withheld under s 9(2)(a)—summaries made available under s 16Request for Annual Report of a State-Owned Enterprise
Case notesRequest for Annual Report of a State-Owned Enterprise—request refused under s 18(d)—ss 15(1) and 17(2)(b) of State-Owned Enterprises Act 1986 regulate manner in which Annual Report to be made available—s 52(3)(b)(ii)—s 18(d) applies provided release in accordance with statutory timeframesRequest for the contract regarding sale of Railway houses
Case notesRequest for copy of contract between NZRC and Stone Key Investments Ltd regarding sale of railway houses—refused as ‘commercially confidential’—contract document itself was not simply a standard form Agreement for Sale and Purchase with price and special conditions added, but was a specially drafted document which reflected the negotiating positions adopted by both parties—release would unreasonably prejudice the commercial position of Stone Key Investments—s 9(2)(b)(ii)—release was so likely to ‘prejudice or disadvantage’ the Corporation in future sales of surplus land that it was necessary to withhold the information at issue—s 9(2)(i)—sale agreement retained two key factors of the Corporation’s previous sales policy relating to its obligations as a ‘good employer’—public interest in disclosure of the manner in which those undertakings had been incorporated into the contract—public interest in disclosure of information enabling an assessment to be made of whether the Corporation had acted responsibly and obtained a ‘fair market price’—written summary released