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.
55 Resources Show all
Local Authority unreasonably failed to consult with residents about building relocation
Case notesLocal Authority allowed relocation of building without providing for adequate consultation process with the local community—Ombudsman upheld complaintRequest for information about a Department’s employment operations
Case notesPre-cast concrete operation is a commercial activity—s 9(2)(i) appliesRequest for salvage plan relating to MV Rena
Case notesRevealing salvage company’s detailed methodology would give other companies a competitive advantage in future tenders, which would be likely unreasonably to prejudice its commercial position—s 9(2)(b)(ii) appliesRequest for financial information concerning Council’s waste management proposals
Case notesCouncil waste management activities not commercial—s 7(2)(h) does not applyInvestigation of the Department of Corrections in relation to the provision, access and availability of prisoner health services
Systemic investigationsThis own motion report, unlike others we have undertaken, did not arise from specific incidents within the prison system, nor from the number of complaints we receive from prisoners. Our investigation has identified that prisoners have reasonable access to Health Services and generally they receive healthcare equivalent to members of the wider community. However, the service is not without its problems and in the future, it may not be able to meet the healthcare needs of such a diverse population effectively.Request for transport rates, cost and revenues per route
Case notesCost per route to the Council not protected by s 7(2)(b)(ii)—any prejudice would not be unreasonable—s 7(2)(b)(ii) applies to revenue per route—this would reveal operators’ tender strategies, thereby prejudicing their ability to participate competitively in future tendersRequest for tender scores for successful tenderer
Case notesRelease of tender scores would not be likely unreasonably to prejudice successful tenderer’s commercial position—s 9(2)(b)(ii) does not applyRequest for copy of winning tender for Lawrence Oliver Park
Case notesRelease would enable competitors to anticipate winning tenderer’s strategy in future bids, which would unreasonably prejudice their commercial position—s 7(2)(b)(ii) appliesLocal Authority unreasonably failed to provide information on LIM
Case notesLocal Authority failed to provide information in a Land Information Memorandum(LIM) about outstanding capital contribution for a sewer—Ombudsman considered Council acted unreasonably—Council made payment to complainant in resolution of complaintOmbudsman has no jurisdiction over District Council electoral officer
Case notesJurisdiction—Ombudsman has no jurisdiction over Council electoral officer—electoral expense returns not subject to Local Government Information and Meetings Act 1982Request for charitable trust’s funding application
Case notesTrust does not have a commercial position—even if it did, release of the information would not be likely unreasonably to prejudice it—the trust has no competitors, and is very different to other organisations in terms of its size, nature of operations and services¬—s 9(2)(b)(ii) does not applyRequest for names of tenderers and prices
Case notesRelease of names and total prices, as opposed to detailed pricing or market strategy, would not be likely unreasonably to prejudice the tenderers’ commercial positions—public interest in release to promote integrity and transparency of the tender process—s 7(2)(b)(ii) does not applyLocal Authority unreasonable to review peppercorn rental without prior notice
Case notesPeppercorn rent paid to Council for encroachment licence fee for garage—Council increased amount—inconsistent process—Ombudsman viewed increase unreasonable because of lack of noticeLocal Authority and property vendors both responsible for checking lease agreement
Case notesLocal Authority—unreasonable not to have contacted previous lease holder three months after licence to occupy had expired and before agreeing to lease land to another person—Local Authority agrees to apologise to complainantLocal Authority not unreasonable to allow retrospective consents on building already constructed
Case notesLocal Authority issued an abatement notice to developers—Ombudsman concludes it was reasonable for Council to allow building to proceed while consent process completed—Council acted in accordance with the Resource Management Act (RMA)Local Authority unreasonably failed to consider planning implications for building addition
Case notesLocal Authority unreasonable to require the complainant to obtain a resource consent for completed building work, which had been authorised by the Council three years previouslyRegional Authority’s tender process inadequate
Case notesRegional Council’s tender processes unreasonable, although the tender was incomplete, the Council officer contacted complainant after close of tenders to clarify his tender—having allowed an incomplete tender to proceed and provided complainant with an opportunity to clarify the tender, it was unreasonable for that clarification not to have been provided to the Tender CommitteeDepartment of Corrections required to review process for media contact with inmates
Case notesAccess to prison inmates by the news media—conflict between procedural manual and communications policy—policy to be reviewed to ensure consistency with proceduresDepartment of Corrections protocol with Ombudsman regarding death in custody
Case notesDeath in custody—application of Protocol between Department of Corrections and Office of the Ombudsmen—issues arising from monitoring departmental investigation—need for improved communication, videotaping, fire safety and emergency proceduresCouncil seeks order from Environment Court about noise of bird scare device
Case notesCouncil had not enforced noise restrictions with respect to bird scaring devices because of the difficulty in obtaining adequate evidence for enforcement action—following Ombudsman’s investigation, the Council agreed to seek a ruling on the matter with the Environment Court and this action effectively resolved the complaintCouncil to advise when a person’s status under Resource Management Act is changed
Case notesResource consent application—non-notified—s 94(2) Resource Management Act 1991—change of status from ‘adversely affected’ to ‘not adversely affected’—complainant not advised of change and believed right to object remained intact—Council agreed to amend its policies and proceduresCouncil unreasonable to erect block wall on boundary
Case notesCity Council granted permission to erect a block wall on a boundary in contravention of Town Planning ordinances – it was unreasonable of Council to grant permission without neighbour’s consentCouncil to improve oversight of contract for refuse collection
Case notesRefuse collections—change in frequency from weekly to monthlyCouncil processes when acquiring land for public road not unreasonable
Case notesCouncil’s failure to acquire land for a public roadCouncil notice about GST charge, in the circumstances, not unreasonable
Case notesPayment of increased GST—timing of Notice—effect of rapid change in central and local governmentCouncil has responsibility to ensure drainage work completed to required standard
Case notesCompensation—adequacy of inspection carried out by council under Drainage and Plumbing Regulations 1978Council advised Ministry of Works has copyright of its intellectual property
Case notesCharging—Commercial fee for use of designs/drawingsCouncil determination of noise nuisance not unreasonable
Case notesNoise Nuisance—permitting a rifle range to operate on property adjoining complainant’s-taking no action to alleviate noise nuisance created by rifle rangeCouncil rates increase proportionate
Case notesRates—whether increase in rates levied was reasonable—whether incidence of rates levied on rural coastal residents was discriminatoryCouncil had sufficient advice before making decision on water reticulation scheme
Case notesProposed water reticulation scheme full Council decision—section 13(1) Ombudsmen Act—whether the Council had sufficient information before it at the time to make the decisionLocal Authority not responsible for loss to third party when its employee had accident outside work time
Case notesMotor vehicle accident with Board vehicle—reasonableness of decision not to compensate complainant for loss suffered as a result of the accidentCouncil accepts sub-delegation to Area Planner invalid
Case notesUnreasonable decision to grant dispensation to neighbour waiving a side yard boundary requirement in the District Scheme