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  • The OIA for Ministers and agencies: A guide to processing official information requests

    Official information
    The 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 information
    If 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.
  • Frivolous, vexatious and trivial: A guide to section 18(h) of the OIA and section 17(h) of the LGOIMA

    Official information
    Under 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 internal review of International Visitor Survey

    Case notes
    Internal review still in draft form—redacted comments comprised preliminary views of individual within agency—s 9(2)(g)(i) applied—no overriding public interest in disclosure
  • Request for internal and external correspondence relating to OIA requests

    Case notes
    Request 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 information
  • Request for information about mental health

    Case notes
    Refusal 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 research
  • Request for ‘movement log’ and police file

    Case notes
    Requester 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 investigate
  • Request for briefing notes relating to state visits

    Case notes
    Inspection on conditions in order to identify the documents required provided means of resolving s 18(f) refusal
  • Request for evidentiary conclusions in respect of 15 issues or assertions and information about religious affiliation or association of staff

    Case notes
    Information not held—evidentiary conclusions would need to be created—to the extent that information about religious affiliation or association of staff was held in mind of Commissioner it would be held in a personal capacity
  • Charge for the creation of statistics

    Case notes
    OIA 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 unreasonable
  • Request for literature review on youth desistance

    Case notes
    Draft review provided to successful tenderer as starting point for an external research project— information not in the nature of free and frank opinions—disclosure would not undermine interest in s 9(2)(g)(i)—release accompanied by contextual statement
  • Request for information about tangata whenua rights

    Case notes
    Requester seeking official statement from Minister—information not held—explanation would need to be created
  • Request for breakdown of invoice

    Case notes
    Council 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 released
  • Request for audit report of approved organisation under Animal Welfare Act

    Case notes
    Acrimonious 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 apply
  • Requests by lawyer for information about client

    Case notes
    A 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
  • Request for vehicle registration information available for purchase

    Case notes
    Request for information available for purchase could be refused on the basis that it was publicly available under s 18(d)
  • Request for information refused due to offensive and repetitive nature

    Case notes
    Number of requests made to Police over several years—recent request considered frivolous and vexatious—refused under s 18(h) in light of tone of correspondence and previous similar requests—requester had genuine interest in obtaining the requested information—requester agreed to withdraw the abusive remarks and redraft his requests purged of derogatory and intemperate comment
  • Requests for information about decision making declined for being vexatious

    Case notes
    Requests for further information declined under s 18(h)—requests not frivolous or vexatious—the information had not previously been made available Request to Apple and Pear Marketing Board involved substantial collation or research and the creation of explanations— ss 18(f) and 18(g) apply