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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.
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Contains our media releases, newsletters, pamphlets, speeches and fact sheets. Fact sheets are published in multiple language and accessible formats.
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This includes our official information complaints data, updates on investigations and other projects, and submissions by the Ombudsman.
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Template letters and work sheets
These template letters and work sheets can be used by agencies to help respond to official information requests.
18 Resources Show all
Local Authority excludes public from meeting when agenda item about water issues
Case notesComplaint about a Local Authority (the Council) to exclude the public from a part of its Audit and Risk Committee meeting regarding its discussion of agenda item relating to water quality and water restriction issues—insufficient weight was given to the public interest in the subject matter of the agenda itemEarly resolution of a potential water restriction to a family home
Case notesA family received notice that an agency would be severely restricting its water supply because of an overdue account. Once the Ombudsman became involved, the agency reviewed its accounts and realised it was in error. On the Ombudsman’s request, the agency apologised to the family and committed to reviewing its accounts more carefully before advising of possible water restrictions. From complaint to resolution, the issue was resolved in only 12 working days without the family suffering water restrictions.Administrative error leading to loss of opportunity to name a road
Case notesIn mid-2016, the owners of land containing a private road became aware that Kaipara District Council (the Council) had excluded them from a consultation process that it had initiated among residents earlier that year to determine a name for the road.Local Authority not unreasonable to turn off water supply at property owned by a Trust
Case notesDecision by Local Authority to turn off water supply in building occupied intermittently—Ombudsman finds not unreasonableDepartment 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 prescriptiveLocal Authority fails to include relevant information on a Land Information Memorandum
Case notesLocal Authority omits to identify potential slippage risk on a Land Information Memorandum (LIM) issued to the complainant—Ombudsman sustains complaintLocal Authority provided unreasonable advice regarding its investigation process
Case notesWhether the Local Authority (District Council) reasonably provided advice to complainant regarding an investigation it was undertaking into a Code of Conduct complaint—Ombudsman of the view that the Council erred in this respectLocal Authority not unreasonable to enforce pool fence requirements despite previous decisions
Case notesLocal Authority previously allowed existing fence of swimming pool—new inspection revealed old decisions wrong—complainant considered change unfair—Ombudsman concluded Council entitled to insist on regulationsDepartment 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 complaintLocal Authority unreasonably applied incorrect rates remission policy to sports club
Case notesLocal Authority - incorrect application of rates remission policy—sports club application for partial remission declined on wrong basis—Ombudsman sustains complaintTertiary Council appointments process controlled by Council
Case notesNomination for appointment to Tertiary Council pursuant to s 171(2)(f)(ii) Education Act 1989 required workers’ organisation to be consulted—Council refused to appoint organisation’s sole nominee and sought further nominations from organisation—appointment process stalled—alleged unreasonable failure by Council to consult—Ombudsman held consultation confers no rights on an organisation and that Council controlled appointments processDepartment 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 madeDepartment of Corrections revises guidelines on implications for visitors possessing drugs
Case notesPrison banned inmate’s family members from visiting for 12-months after small amount of cannabis found in their possession—the inmate complained that the duration of ban was unreasonable but the Department of Corrections noted it had zero tolerance policy for drugs with an automatic 12-month prohibition order to be placed on anyone found with them on prison property—Ombudsman concluded blanket ban unreasonable and the Department agreed each case to be considered on merits and prepared guidelines for prisons—Ombudsman advised inmate to apply for a review of prohibition order under the new guidelinesCouncil should pay for cost of obtaining second legal opinion on straightforward matter raised by complainant
Case notesProperty owner disagreed with Council that resource consent was necessary for building house—Council sought external legal advice and billed property owner who refused to pay—Council went to Disputes Tribunal which ordered property owner to pay all legal fees and court costs—property owner complained to Ombudsman who considered legislation and found it to be unambiguous that both the operative and proposed district plans must be complied with—Council agreed issue was straightforward and was aware of legislation and relevant case law—Ombudsman did not consider it necessary for further advice to be obtained on issue—view formed that it was appropriate for Council to exercise discretion under s36(5) of Resource Management Act 1991 and remit charge—in circumstances, Ombudsman also considered it unreasonable for Council not to remit Court and solicitor’s costs payable pursuant to Disputes Tribunal order—recommended all costs be remittedLocal 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)Councils required to add to LIM matters on neighbouring property if relevant
Case notesPurchaser requested LIM from Council on property he was considering buying—LIM received and property purchased—after purchaser gained possession he discovered neighbour had building consent to drain storm water into his drain—building consent not referred to in LIM report—purchaser sought removal of drain and records about drain, and reimbursement of legal costs—Council advised its practice was to note consents only on applicant’s file - Ombudsman held Council’s actions unreasonable—Council agreed to pay compensationPrison unnecessarily holds inmates in secure unit
Case notesPlacement of minimum secure inmates in maximum security conditions