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.
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- Deactivate facet Local Government Official Information and Meetings Act 1987
- Deactivate facet Ombudsmen Act 1975
- Deactivate facet Conditions
- Deactivate facet Customs
- Deactivate facet Environment
- Deactivate facet Foreign Affairs and Trade
- Deactivate facet Free and frank opinions
- Deactivate facet Frivolous or vexatious
- Deactivate facet Prisoners / Corrections
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55 Resources Show all
Decision to implement locked cell policy
Case notesComplaint about the negative effects of implementing a locked cell policy in the Kaaka North and South pods at Northland Region Corrections Facility – Chief Ombudsman found that the implementation was unreasonable – the significant consequences (lack ofThe LGOIMA for local government agencies: A guide to processing requests and conducting meetings
Official informationThe purpose of this guide is to assist local government agencies in recognising and responding to requests for official information under the LGOIMA.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.Conclusive reasons for refusing requests: A guide to the conclusive withholding grounds in section 6 of the OIA and LGOIMA
Official informationThis is a guide to section 6 of the OIA and LGOIMA, which provides conclusive reasons for withholding official information. These reasons are not subject to a public interest test.Free and frank opinions: A guide to section 9(2)(g)(i) of the OIA and section 7(2)(f)(i) of the LGOIMA
Official informationThis guide deals with the 'free and frank opinions' withholding ground in section 9(2)(g)(i) of the OIA and section 7(2)(f)(i) of the LGOIMA.The 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 draft report prepared by PwC on Auckland Stadium
Case notesReport refused because it was in draft form and commercially sensitive—parts of report withholdable however no basis for blanket withholding—strong public interest in release of report in partRequest for draft reports prepared by EY on Information Services
Case notesDraft reports were in fact final reports—some information publicly available—negotiations had been concluded—neither s 7(2)(c)(ii) nor s 7(2)(i) apply—significant public interest in release to promote transparency of Council’s decision making processes and accountability for expenditure of ratepayer moneyMinistry of Foreign Affairs and Trade assistance for New Zealanders abroad not unreasonable
Case notesMinistry of Foreign Affairs and Trade (MFAT) provided advice to complainants held by school authorities in China—acted in accordance with international consular practice as set out in Vienna Convention—MFAT assistance limited to providing information and cannot interfere with decisions made by other countriesDepartment of Corrections staff to follow legislative requirements when segregating inmate
Case notesDepartment of Corrections held prisoner in Management Unit without following required procedure—segregation legislation and regulations are clear and prescriptiveRequest for Skypath business case and procurement plan
Case notesReleasing business case and procurement plan would unreasonably prejudice the commercial position of the private partner in a public private partnership—withholding strengths and weaknesses of negotiating position necessary to enable Council to carry on negotiations without prejudice or disadvantage—ss 7(2)(b)(ii), 7(2)(c)(i), 7(2)(i) applyEnergy Efficiency and Conservation Authority not unreasonable in tender process
Case notesComplaint about tender process when tenderer found its partner had also bid individually but was not informed by EECA—Ombudsman concluded the process followed was not unreasonable and had already been reviewed by independent reviewerDepartment of Corrections unreasonably declines computer access to inmate
Case notesAccess to computer suite in prison denied—Ombudsman found this unreasonable—Corrections agreed to reconsider the inmate’s request and to review criteria for use—also that computer facilities at prison be reviewed to ensure availability to prisoners who meet criteria for assistance with litigationDepartment of Corrections not unreasonable to decline face to face interview between prisoner and journalist in particular case
Case notesPrisoner requested face to face interview with journalist—request declined—Ombudsman noted journalist had offered to conduct interview by AVL, notwithstanding preference for face to face—Ombudsman concluded that on this basis Department had not acted unreasonably in this instanceRequest for information relating to proposed parking changes in a street
Case notesVolume of correspondence and requests created challenges but requester had a legitimate interest in obtaining information to help them understand the intended changes and make submissions—no evidence the request was made for irrational, mischievous or malicious reasons—no evidence that the agency had helped the requester to refine the request, reduce the scope, or clarify the specific information sought—request not frivolous or vexatiousRequest for copy of LGOIMA request
Case notesEarlier decision to supply the (wrong) information undermined later decision to declare the request vexatious—request arose out of genuine interest in the subject—while the requester had been critical of Council that did not mean the purpose of his request was to harass or annoy—s 18(h) does not apply—information should be releasedRequest for handwritten comments on draft walking and cycling strategy
Case notesRelease would inhibit willingness of Council staff to provide free and frank opinions on drafts circulated by colleagues, or to test the content and recommendations of such documents, which would undermine the accuracy and value of the material that eventuates—s 7(2)(f)(i) appliesRequest for correspondence regarding dog control officer’s actions
Case notesRequest related to dispute some 16 years prior that had already been the subject of court proceedings and inquiries by this Office—request was an attempt to re-litigate already long concluded matters and an abuse of the right to access official information—vexatious complaint—Ombudsman refuses to investigateAdequacy of ex gratia payment to remedy mistake by Customs
Case notesNZ Customs officer rejected passenger on flight because water damage on passport—Ombudsman found officers failed to process the passport adequately and caused considerable cost to passenger because of this failure—complainant upheld and complainant received full payment to cover financial lossesDepartment of Internal Affairs provides reasonable service and advice to traveller on temporary passport
Case notesWhether the Department of Internal Affairs (DIA) reasonably handled revalidation of a passport for New Zealand citizen travelling on temporary passport—Ombudsman concluded DIA had made every effort to inform the complainant of the steps needed to have his passport validatedRequest for draft ‘Alternatives Paper’ prepared by consultants on CBD rail link
Case notesRelease would inhibit exchange of drafts and views between staff and consultants, which would undermine the drafting process—s 7(2)(f)(i) applied—public interest met by the release of the final report and the peer reviews by relevant agenciesRequest for minutes of Council workshops
Case notesRequest for minutes of Unitary Plan Political Working Party—minutes related to Council ‘workshops’—s 7(2)(f)(i) applied in part—minutes could be disclosed in part without inhibiting people from contributing to workshops in futureDepartment of Corrections reasonable to seek removal of prisoner from study course in some circumstances
Case notesWhether the Department of Corrections was reasonable to request the tertiary institution to remove a prisoner from a course at a polytechnic—Ombudsman found Department’s decision to have been reasonable in partRequest for email communications between councillors relating to industrial dispute
Case notesDisclosure of informal emails between councillors in highly sensitive context would inhibit future expression of free and frank opinions—s 7(2)(f)(i) provides good reason to withholdDepartment of Corrections made errors in documentation but parole hearing set correctly
Case notesWhether Department of Corrections staff failed complainant with respect to a Parole Board hearing—Ombudsman found errors in documentation but complainant not disadvantagedDepartment of Corrections unreasonable to place prisoner with mental illness in mainstream unit
Case notesWhether the Department of Corrections was unreasonable to place prisoner in mainstream unit given specific medical condition of mental illness—Ombudsman upheld complaintDepartment 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 legislationCorrections unreasonable not to pay for inmate’s glasses for re-integration programme
Case notesLong serving prison inmate required glasses to participate in reintegration programme and work in prison tailor shop—Department of Corrections refused to pay for glasses unless inmate would refund them through his prison earnings—inmate later found out Department had paid for another inmate’s glasses in full—Ombudsman sustained complaint that inmate was not treated fairly—refund to inmate of money paid recommended.Department of Conservation unreasonable to cease administrative practice without notice
Case notesDepartment of Conservation to discontinue without notice a practice which people had come to reasonably rely on—Ombudsman concludes it was unreasonable to cease this administrative practice without noticeInvestigation of the Department of Corrections in relation to the detention and treatment of prisoners
Systemic investigationsUnder the Ombudsmen Act 1975, it is a function of the Ombudsmen to investigate complaints relating to matters of administration affecting persons in their personal capacity against various bodies, including the Department of Corrections (the Department). Pursuant to this Act, the Ombudsmen have power to investigate complaints by prisoners about all aspects of their detention by the Department. At the end of 2004 serious issues related to the treatment of prisoners came to public attention.Department of Corrections required to state reasons for security classification
Case notesPrison inmate complained that his security classification had been unreasonably assessed and Ombudsman concluded the Department failed to provide ‘strong reasons’ (which must be stated)—Ombudsman found the Prison officers had based their classification on uncorroborated, unrecorded, verbal statement made by another inmate—Ombudsman upheld complaint based on inequitable situation that would result if prison relied solely on this information, however, the inmate released before any recommendation could be made