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.
69 Resources Show all
Confidentiality: A guide to section 9(2)(ba) of the OIA and section 7(2)(c) of the LGOIMA
Official informationThis is a guide to the confidentiality withholding ground found in section 9(2)(ba) of the OIA and section 7(2)(c) of the LGOIMA.Request for information about death in custody
Case notesRequest for all correspondence about death in custody—unreasonable to rely on sections 9(2)(a) and 9(2)(ba)(i) without compiling and reviewing the information—subsequent reliance on section 18(f) (substantial collation or research) also unjustified—The OIA for Ministers and agencies: A guide to processing official information requests
Official informationThe purpose of this guide is to assist Ministers and government agencies in recognising and responding to requests for official information under the OIA.Making official information requests: A guide for requesters
Official informationIf you are seeking information from a Minister, or central or local government agency, you may be able to ask for it under either the OIA or LGOIMA.Charging: A guide to charging for official information under the OIA and LGOIMA
Official informationThis guide provides advice for agencies about when and how to charge for the supply of official information.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 emaThe OIA and draft documents: A guide to how the OIA applies to requests for draft documents
Official informationThis guide explains some of the most common reasons why it can sometimes be necessary to withhold draft documents. These reasons relate to the free and frank opinions and confidentiality withholding grounds in the OIA and LGOIMA.Frivolous, vexatious and trivial: A guide to section 18(h) of the OIA and section 17(h) of the LGOIMA
Official informationUnder section 18(h) of the OIA (17(h) of the LGOIMA) a request can be refused if it is frivolous or vexatious, or the information is trivial.Request for business plan for Christchurch Convention and Exhibition Centre
Case notesCompetitors could copy or adopt third party’s methodology and strategy and devise plans based on its established operating systems which would unreasonably prejudice its commercial position—information subject to an explicit obligation of confidence and of a confidential nature—release would damage the public interest by making suppliers reluctant to participate in future procurement processesRequest for due diligence report, site visit reports and reference checks
Case notesSection 9(2)(ba)(i) applies in part to the due diligence report and to the correspondence from supplier—public interest in accountability of Department for steps taken to satisfy itself regarding supplier’s performance—sections 9(2)(ba)(i) and 9(2)(g)(i) apply to information obtained from site visits, but not to the executive summary of the reports—public interest in accountability for decision to award contract—sections 9(2)(ba)(i) applies to reference checks—release would deter referees from providing full and complete information in future—public interest requires release of summary information about the reference checksRequest for internal and external correspondence relating to OIA requests
Case notesRequest not frivolous or vexatious—information not trivial—agency should have met or at least talked with the requester before changing its practice of providing this type of informationRequest for information about mental health
Case notesRefusal justified but not because request was vexatious—some information not held but would need to be created—some information could not be provided without substantial collation or researchRequest for tender submissions to replace jetty at Philomel Landing
Case notesRelease of tenderers’ pricing strategy would give an unfair advantage to their competitors and unreasonably prejudice their commercial position—s 9(2)(b)(ii) OIA applies—release would make tenderers reluctant to provide as much detail about their design specifications in future— s 9(2)(ba)(i) applies—it was in the public interest for NZDF to receive full and detailed submissions as this would otherwise undermine its ability to make an informed decision on the best tenderer to award a contractRequest for ‘movement log’ and police file
Case notesRequester not deprived of right to access official information because he had already received all relevant information—requester not deprived of access to justice because his underlying concerns had been conclusively resolved in a range of forums¬—vexatious complaint, Ombudsman refuses to investigateRequest for briefing notes relating to state visits
Case notesInspection on conditions in order to identify the documents required provided means of resolving s 18(f) refusalRequest for evidentiary conclusions in respect of 15 issues or assertions and information about religious affiliation or association of staff
Case notesInformation not held—evidentiary conclusions would need to be created—to the extent that if information about religious affiliation or association of staff was held in mind of Commissioner, it would be held in a personal capacityRequest for information about appointment of public service chief executive
Case notesSection 9(2)(a) applied to names of unsuccessful candidates—no public interest override—section 9(2)(a) and 9(2)(ba)(ii) did not apply to the names of external panellists—section 9(2)(a) did not apply to officials’ names, Cabinet distribution and attendRequest for information about exploration permits awarded to Anadarko Petroleum
Case notesApplication and evaluation subject to obligation of confidence—release would make bidders reluctant to share full information in future, which would undermine MBIE’s ability to carry out statutory functions—release would also reduce the appeal of investing in New Zealand and MBIE’s ability to administer the Crown Minerals Act, which would otherwise damage the public interest—sections 9(2)(ba)(i) and (ii) apply—revealing information about particular prospects or reserves would disadvantage third party vis-à-vis their competitors—revealing information about projected costs would disadvantage third party in its negotiations with service companies—section 9(2)(b)(ii) applies—public interest met by available informationCharge for the creation of statistics
Case notesOIA and Charging Guidelines did not apply to request for statistics that were not held but could be created for a fee—fee for the creation of statistics was calculated in accordance with the agency’s Sales and Pricing Policy and was not unreasonableRequest for draft investigation report into GRSA outbreak at Wellington Hospital’s neonatal unit
Case notesRequest for investigation report regarding outbreak of GRSA at Wellington Hospital’s Neonatal Intensive Care Unit—report withheld as not ‘signed-off’—TOR specified confidential two-stage investigation process—disclosure risked compromising this process and would diminish staff confidence that investigations would follow agreed protocols—disclosure would be likely to damage the public interest—final investigation report still not complete nearly one year later—the longer a review process goes on without disclosure of final investigation report the greater the public interest in disclosure of at least an interim statement—in this case s 9(2)(ba)(ii) provided good reason to withhold the draft report.Request for information about tangata whenua rights
Case notesRequester seeking official statement from Minister—information not held—explanation would need to be createdRequest for information about an employment investigation (demotion)
Case notesPrivacy and confidentiality grounds apply—need for accountability when things go wrong— nature and seriousness of the wrongdoing—seniority of the individual involved—release of summary information to satisfy public interestCharge for supply of information relating to cycling fatalities
Case notesProvision of readily retrievable information—no remission of charge for supplying the remaining information in the public interest—some information was available pursuant to a charging regime set by statute and the OIA could not override thisRequest for draft audit report in relation to hospice
Case notesAudit still in process and at the draft reporting phases—s 9(2)(ba)(i) and 9(2)(ba)(ii) provide good reason to withhold—limited distribution of confidential drafts for comment has long been considered a sound administrative practice in the public sector—public interest met through disclosure of final audit reportCharge for supply of information about a hospice
Case notesUnreasonable to refuse request after earlier deciding to supply information subject to a chargeCharge for supply of correspondence regarding proposals to lower the drink-drive limit
Case notesExample of how to calculate a reasonable charge—no remission of charge in the public interestRequest for information about an employment investigation (personal grievance)
Case notesPrivacy and confidentiality grounds apply but need for accountability when things go wrong— seniority of the individuals involved—extent of information in the public domain—other means of scrutiny and regulation—third party review satisfied the public interest in this caseRequest for information about an employment investigation (withholding grounds)
Case notesPrivacy and confidentiality grounds applied—need for accountability when things go wrong— extent of information in the public domain—need to provide the ‘full picture’—nature and seriousness of the wrongdoing¬—whether other means of scrutiny or regulation—release of summary information to satisfy public interestRequest for breakdown of invoice
Case notesCouncil concerned that request was part of a strategy to delay or avoid payment—no basis to believe request was made in bad faith—request not frivolous or vexatious—information should be releasedRequest for audit report of approved organisation under Animal Welfare Act
Case notesAcrimonious history and prolonged legal dispute were relevant to decision whether or not request was vexatious—while future similar requests might be vexatious this one was not—the requester’s legitimate concern about effectiveness of Ministry’s oversight of approved organisations was the catalyst for the audit report, and she was initially promised a copy of it—requester was genuinely interested in and entitled to know the findings—request not frivolous or vexatious—Trust does not have a commercial position—s 9(2)(b)(ii) does not applyCharge for supply of Customs policy
Case notesFull remission of labour component of the charge in the public interest—accessibility of policies and guidelines affecting personsRequests by lawyer for information about client
Case notesA proportion of the large volume of information at issue could fairly be characterised as ‘trivial’, bearing in mind the purpose of the request—this included auto replies, read receipts, undeliverable messages, emails arranging meetings and information generated to facilitate the proper processing of the requester’s OIA and Privacy Act requests