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Guides
Commonly used guides include:
- The OIA for Ministers and agencies
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- Making official information requests: a guide for requesters
Detailed guidance on the official information legislation and aspects of good administrative practice.
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28 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
OpinionsRepresentatives 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 notesFailure 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 – OmbudsmDeclined request for dispensation regarding school Transport Entitlement Zone
Case notesA 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.Energy 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 reviewerTraining Institution fails to adequately address a complaint about its course
Case notesWhether 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 complaintAdequacy 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 validatedDepartment 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 legislationDepartment 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 noticeTechnical Institute required to amend student records when course cancelled
Case notesStudents 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 complaintSchool Board of Trustees and Principal’s decision to suspend student not consistent with principles of natural justice
Case notesSuspended 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 madeBoard of Trustees fails to follow principles of natural justice at disciplinary hearing for expelled student
Case notesStudent 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 reasonsMinistry of Education reimburses overcharged rental on school owned house
Case notesTenants 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 reimbursedUniversity Council cannot exclude public from meetings on basis of members needing ‘free and frank’ discussion
Case notesExclusion 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)Department of Conservation within rights on Memorandum of Transfer for land easement agreement
Case notesAgreement for Sale and Purchase between private landowner and Crown—creation of equitable easement—registered Memorandum of Transfer creates legal easement but excludes reference to ‘members of the public’ referred to in equitable easement—whether conduct of Department of Conservation was reasonable—Ombudsman could not assist—effect of Court of Appeal decisionUniversity Appointment processes should provide better information to applicants
Case notesUnsuccessful applicant for a senior university appointment—alleged procedural unfairness—lack of clarity about processes and rights of appealSchool Board of Trustees agrees to address significant deficiencies in suspension procedure
Case notesSuspension and expulsion of student where several significant deficiencies were identified in the procedures of the Board’s disciplinary committee led to the Board of Trustees agreeing to review its procedures and apologise to student and family—the Board also amended student’s records to show the suspension decision was invalid—the Board’s willingness to address its deficiencies were notable in this case (Board members were all new to the role)New Zealand Customs Service questioned over acceptance of deposit pursuant to legislation
Case notesRefusal to pay interest following resolution of dispute over Customs value of goods—whether relevant documentation provided at the time of importation—whether s 140 of the Customs Act 1966 (repealed) conferred authority on Department to take deposit—investigation discontinued following discovery that company did not exist as legal entity at the time complaint was madeSchool Board of Trustee and Principal failed to follow disciplinary process; contrary to law
Case notesSchool Board of Trustees fails to follow statutory criteria for suspension of student (failure to provide guidance and counselling)—suspending a student is a serious step requiring careful consideration—the Ombudsman’s investigation of a wide-ranging complaint by a mother about the manner in which a school had dealt with various aspects of her two sons’ behaviour, culminating in the indefinite suspension of one of her sons, highlighted the need for Principals and Boards of Trustees to familiarise themselves thoroughly with the procedural requirements of s 13 of the Education Act 1989Department of Conservation resolves impasse concerning ivory-key piano held by New Zealand Customs
Case notesRefusal to release piano imported from United Kingdom—family heirloom from 1920s—need for approval of Department of Conservation under CITES because of ivory content—conflict between New Zealand legislation implementing CITES and European Community Regulations—impasse resolved by acceptance of statutory declaration by family—conflict to be raised with CITES SecretariatSchool Boards should record reasons for decisions to suspend
Case notesSuspension from school for marijuana smoking—school procedures provided for suspension for drug use—application of principles of High Court decision in M & R v Palmerston North Boys High School—need for transparency in decision-making—consideration of requirements of s.23 of the Official Information Act 1982Polytechnic and inadequate complaints procedure to deal with sexual harassment complaint—ex gratia payment
Case notesPolytechnic failed to have proper procedures in place to handle complaint from student concerning sexual harassment—Polytech agreed that it had not dealt with the matter with urgency and had an inadequate complaints procedure in place—ex gratia payment was offered to the student for this reason, not because the claims of sexual harassment had been made out, although there was an indication that prima facie a case had been made out that unacceptable behaviour by a tutor had occurred—Polytech apologised, offering ex gratia payment and undertook to improve its complaints handling proceduresSchool Board suspends 14 year old contrary to law
Case notesA 14 year-old boy suspended for an unspecified period—contrary to law—student later allowed back to school twice more—the Board ‘reinstated’ the suspension twice more when the student’s behaviour deteriorated—under the Education Act the Board must specify the period of suspension—as this was not done, the suspension expired after 7 days and therefore, could not be ‘reinstated’ at a later time—the Board agreed to review its suspension and expulsion procedures to bring them in line with the requirements under the ActDepartment of Conservation enables arbitration when rents disputed by licensees occupying foreshore reserve in Marlborough Sounds
Case notesForeshore rentals charged—lack of appeal mechanism—Department of Conservation agreed to establish a rental arbitration clause in the Marlborough Sounds foreshore licences to enable licensees to challenge rental increases where conflict arose—Ombudsman did not uphold the complaint (about level of rental increase) but the outcome achieved ensures rental increases can be challenged in futureDepartment of Conservation’s actions concerning lease approval were unreasonable, causing stress and financial loss to complainant
Case notesA marine farming company applied for lease under Marine Farming Act—farm already in existence when application made under new legislation—DOC rejected new lease on basis it interfered with public’s usage—matter to go to Planning Tribunal—DOC then approved lease just before Tribunal hearing—complainants claimed the whole process unfair—Ombudsman investigated—DOC agrees to make ex gratia payment to complainantsCoal Corporation required to minimise dust problem
Case notesAdequacy of Action–Failure of Coal Corporation to alleviate a coal dust problem and coal fine pond encroachment in the direction of local residents’ housesSchool Board of Trustees delivers inconsistent punishment to students
Case notesExpulsion—smoking—improper discrimination by Board of Trustees vis-a-vis another pupil— recommendation to delete information from recordsSchool Certificate examination scripts released
Case notesThe Minister of Education and the Department of Education were asked to release marked School Certificate Examination scripts. All the requests were refused; sections 52 (3), 9 (2)(b) and 27 (1) were relied on. However, this was changed following the Ombudsman's recommendation.