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46 Resources Show all

  • Omission by the Ministry of Education to develop an implementation framework to enable progress on its strategy on New Zealand Sign Language in education

    Opinions
    Representatives from a Deaf Disabled People’s Organisation (Deaf Aotearoa), who advocate for the rights of Deaf people in New Zealand, have raised concerns about the Ministry of Education’s (the Ministry) strategy to progress New Zealand Sign Language (NZSL) in education.

  • Request for official information about scholarship criteria framed as question

    Case notes
    Failure by the Ministry of Education to respond to a request for official information within the statutory timeframe – Ministry did not process the request as an OIA request as Ministry considered that it required the generation of comment – Ombudsm

  • Consultation on health and safety processes for Managed Isolation Facility

    Case notes
    Complaint about level of consultation with residents before Stamford Plaza Hotel became a Managed Isolation Facility—Chief Ombudsman found that the Department did not consult appropriately with the residents before this occurred—the Department also did

  • Declined request for dispensation regarding school Transport Entitlement Zone

    Case notes
    A family asked the Board of Trustees (the Board) of School A for dispensation to allow their child to access bus services to attend School B.

  • Administrative error resulting in lost opportunity for ACC claim

    Case notes
    A patient who was unaware he had asbestosis underwent a CT scan while being treated at a DHB Hospital. On the scan’s accompanying notes a radiologist noted previous asbestos exposure. This CT scan with accompanying notes was misfiled, for unknown reasons, and the patient’s diagnosis of asbestosis was not confirmed until autopsy.

  • Ministry of Health unreasonably disallowed visiting Australian resident access to publicly funded health services

    Case notes
    Whether the Ministry of Health was unreasonable to determine that medical treatment obtained by a visitor to New Zealand was not ‘immediately necessary’ and therefore not covered by reciprocal health agreement with Australia – Ombudsman considered the Ministry of Health erred – complaint sustained

  • Decisions of PHARMAC to fund Opdivo and Keytruda

    Case notes
    A complaint was made to the Ombudsman that PHARMAC took too long to approve the May 2015 application to fund the metastatic melanoma cancer drug Keytruda.[1]

  • Ministry of Health policy on reimbursement of expenses for house modification unreasonable

    Case notes
    Whether the Ministry of Health’s policy to require prior approval for funding for house modification was reasonable—Ombudsman concluded it was not

  • Health and Disability Commissioner not unreasonable to refer matter to Medical Council without advising complainant

    Case notes
    Whether the Health and Disability Commissioner legally or otherwise required to inform complainant of a referral made to the Medical Council of New Zealand—Ombudsman concluded HDC not bound to divulge this information

  • Ministry of Health’s decision following audit of aged care facility not unreasonable

    Case notes
    Ministry of Health’s HealthCERT not unreasonable to issue an aged care facility with ‘partial attainment’ in its August 2016 surveillance audit

  • Ministry of Health agrees to increase what was an unreasonably low offer of ex gratia payment

    Case notes
    Ministry of Health’s decision in December 2016 to offer complainant $8000 by way of an ex gratia payment for mistakes made by the Ministry and lengths complainant had to go to in having the Funded Family Care hours reinstated unreasonable—Ministry of Health agreed to increase the amount following the complaint.

  • Training Institution fails to adequately address a complaint about its course

    Case notes
    Whether a training institution failed to address a complaint made by a student—Ombudsman found the institution’s appeals and complaints processes to have been inadequate—the institution accepted the finding and agreed to re-hear the appeal and then refunded the complainant’s course fees in resolution of the complaint

  • Patient eligibility for publicly funded healthcare

    Case notes
    This case note concerns an investigation under the Ombudsmen Act 1975, resulting from a complaint to the Ombudsman about the failure of a district health board (DHB) to identify that a patient was ineligible to receive publicly funded health care before

  • Adequacy of ex gratia payment to remedy mistake by Customs

    Case notes
    NZ 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 losses

  • Department of Internal Affairs provides reasonable service and advice to traveller on temporary passport

    Case notes
    Whether 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 validated

  • District Health Board decision not to consult on provision of abortion services at a Hospital was unreasonable

    Case notes
    Whether the District Health Board was unreasonable to offer abortion services at a hospital without consultation with the local community

  • Pharmac decision not to fund drug was not unreasonable or contrary to law

    Case notes
    Whether PHARMAC decision not to fund a drug was unreasonable or contrary to law—Ombudsman concluded that this case did not reach the threshold of being unreasonable or contrary to law but made suggestions to PHARMAC about the matter

  • District Health Board’s processes regarding informed consent for assisted reproductive procedure not unreasonable

    Case notes
    Whether a District Health Board (DHB) failed to ensure the complainant received adequate professional advice before being required to sign a legal document surrendering substantial legal rights—whether that document was ‘informed consent’—Ombudsman concluded DHB had not acted unreasonably in this matter

  • Ministry of Agriculture’s aerial spray programme had unreasonable impact on population

    Case notes
    Ministry 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 operations

  • Department of Internal Affairs not unreasonable to cancel passport

    Case notes
    Department of Internal Affairs—decision to recall and cancel complainant’s NZ passport – position determined by terms of legislation

  • Canterbury District Health Board received inadequate advice about historic place

    Case notes
    District 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 site

  • Technical Institute required to amend student records when course cancelled

    Case notes
    Students enrolled in a two stage course to obtain a Certificate of Security were informed the second half was cancelled shortly before it was to commence—Technical Institute explored various options including notifying on the relevant academic records that students had ‘withdrawn’—students complained notation, course cancellation and lack of certification was unreasonable—Institute explained to Ombudsman that certificate registration was in train, the timing of the tutor’s resignation left it with few options but it was willing to explore these with students—Institute acknowledged it cancelled the course but current system did not have ‘cancellation of course’ as an option—Institute willing to review system and remove course from student records—Ombudsman satisfied that Institute acted reasonably to provide students with other options, certificates forthcoming and removing course from records would resolve complaint

  • School Board of Trustees and Principal’s decision to suspend student not consistent with principles of natural justice

    Case notes
    Suspended student’s parents complained about the conduct of his suspension—Ombudsman’s jurisdiction confined to the process followed by the Board—parties disputed duration of Principal’s interview with student, ability of Principal to contact parents about suspension and comments allegedly made to the student by the Principal during the interview—Ombudsman’s investigation unable to resolve these issues and no determination as to reasonableness of Board’s actions able to be made—Ombudsman satisfied that Principal’s request for student to write down his account of incident in accordance with principles of natural justice—however Ombudsman found Board acted unreasonably by dismissing parents’ concerns about Principal’s decision to interview student in absence of parents—Board acknowledged Principal’s decision not consistent with principles of natural justice and agreed to review its ‘Interviewing of Students’ policy—no formal recommendation made

  • Ministry of Health reconsiders decision to charge for collation of information

    Case notes
    Requester sought draft and final copies of public health contracts for four financial years between Ministry of Health and 42 providers—Ministry agreed to release but subject to charge of $24,000—Ombudsman sought basis for charge—request for vast amount of information requiring substantial collation—charge applied in accordance with Ministry of Justice Charging Guidelines—however, Ministry had previously released part of requested information to an MP free of charge—Ombudsman did not consider it reasonable now to charge member of public for same information—Ministry agreed to review decision and release that particular information again free of charge and assist requester to refine request for outstanding information

  • Board of Trustees fails to follow principles of natural justice at disciplinary hearing for expelled student

    Case notes
    Student excluded after initially caught hiding stolen property—at the disciplinary hearing the exclusion decision not based on this incident due to lack of evidence but on history of misdemeanours—parents complained that due process had not been followed in disciplinary process—Ombudsman found that at the disciplinary hearing by school the student had no reasonable indication that the student would be answering to an allegation of continual disobedience—complaint about Board of Trustees’ process sustained and Ombudsman recommended apology, reinstatement of student, and removal of exclusion from student’s records—the Board refused to act on recommendations although the student reinstated for other reasons

  • Medical Practitioners’ Disciplinary Tribunal outside Ombudsman’s jurisdiction

    Case notes
    Complaint about Medical Practitioners’ Disciplinary Tribunal decision to strike off a doctor and media coverage of the hearing—no jurisdiction to investigate—Ombudsman has discretion to investigate matters of administration with respect to the Health and Disability Commissioner’s investigation into the doctor’s medical practices but only if complainant has sufficient interest in the subject-matter of complaint and consent from the doctor

  • Failure by health funding body to honour undertaking by predecessor funding body to fund gender reassignment surgery unreasonable

    Case notes
    The Health Funding Authority (disestablished in 2001) was required to consider a complaint against its predecessor (Regional Health Authority) about an agreement by RHA to fund gender reassignment surgery—the RHA had initially agreed to fund this surgery but then changed its policy—the Ombudsman concluded that it was unreasonable for the RHA not to honour this undertaking on the basis of a subsequent change in policy and that its successor, the HFA should remedy the unreasonable actions of its predecessor—the HFA agreed with the Ombudsman’s recommendations to fund the gender reassignment surgery in the manner originally approved—as the HFA was by this time disestablished the matter was passed to the Ministry of Health for completion

  • Ministry of Education reimburses overcharged rental on school owned house

    Case notes
    Tenants renting house from Board of Trustees paid $35 per week more than permitted by the Ministry of Education guidelines and tenants sought reimbursement from the Ministry—the Ministry refused but Ombudsman found the Board was acting as Ministry’s agent and it had been unreasonable for the Ministry to decline reimbursement—the Ombudsman recommended that tenants be fully reimbursed

  • University Council cannot exclude public from meetings on basis of members needing ‘free and frank’ discussion

    Case notes
    Exclusion of public from part of meeting—adequacy of grounds for exclusion—free and frank expression of opinion not a sufficient basis to exclude the public—Local Government Official Information and Meetings Act 1987, s 48(1)(a)(ii)

  • Ministry of Health decision not to respond to ‘open letter’ on baby food not unreasonable in circumstances

    Case notes
    Complainant wrote open letter to Ministry of Health expressing concerns about potential soy toxicity in baby food—no reply received—Ombudsman’s assistance sought—Ombudsman considered wording of letter—no specific information requested—Official Information Act did not apply—Ombudsman noted considerable correspondence on issue had already been exchanged between Ministry and complainant—open letter appeared to be a continuation of debate with Ministry—Ministry’s failure to respond unlikely to be unreasonable in the circumstances—Ombudsman exercised discretion under s.17(1)(b) Ombudsmen Act not to continue enquiries

  • Health and Disability Commissioner unreasonably applied ‘gold standard’ when deciding on dental practitioner’s professional clinical standards

    Case notes
    Whether breach of professional clinical standards had been established—Health & Disability Commissioner (Code of Health & Disability Services Consumers’ Rights) Regulations 1996— whether Commissioner acted unreasonably in informing practitioner’s employer of alleged breach without first providing practitioner with adequate opportunity to respond—whether Commissioner unreasonable in failing to compensate practitioner

  • University Appointment processes should provide better information to applicants

    Case notes
    Unsuccessful applicant for a senior university appointment—alleged procedural unfairness—lack of clarity about processes and rights of appeal