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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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39 Resources Show all
Decisions of PHARMAC to fund Opdivo and Keytruda
Case notesA 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 notesWhether the Ministry of Health’s policy to require prior approval for funding for house modification was reasonable—Ombudsman concluded it was notHealth and Disability Commissioner not unreasonable to refer matter to Medical Council without advising complainant
Case notesWhether 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 informationCancellation of transport card and refusal to refund money stored on the card
Case notesA complaint was made against Auckland Transport (AT) about its cancellation of an ‘AT HOP’ card used by commuters on Auckland’s public transport system.Local Authority’s efforts to mitigate effects of resource consent errors not unreasonable
Case notesLocal Authority decision about wall constructed on boundary—Council erred by not requiring resource consent and then offered assistance to owners to lodge application—complainant considered Council unfair not to offer assistance to him to oppose the consentLocal Authority’s Code of Compliance Certificate on drainage reasonable in circumstances
Case notesLocal Authority decision on detection of cross connection piping problem not unreasonable—Body Corporation of building forced to pay costs—question whether Code of Compliance Certificate should have been issued—Ombudsman concluded Council not aware of problemRegional Authority decision on resource consent for pergola on non-notified basis not unreasonable
Case notesRegional Authority’s decision to grant resource consent for a pergola on a non-notified basis was reasonable in the circumstance—permitted baseline test under section 95E of the Resource Management Act 1991Local Authority’s Trespass Notice unreasonable in circumstances
Case notesLocal Authority issued Trespass Notice for two years at sports stadium—Ombudsman noted serious misconduct on part of complainant to warrant action but trespass sanction extreme—complaint sustained and Council implemented Ombudsman’s recommendationsLocal Authority did not act unreasonably in remedying damage following tree removal
Case notesLocal Authority—removal of two pohutukawa trees—Council agreed to mitigate loss of these in conjunction with the land owner—Ombudsman considered Council did not act unreasonablyMinistry of Health’s decision following audit of aged care facility not unreasonable
Case notesMinistry of Health’s HealthCERT not unreasonable to issue an aged care facility with ‘partial attainment’ in its August 2016 surveillance auditDepartment of Corrections unreasonably declines computer access to inmate
Case notesAccess to computer suite in prison denied—Ombudsman found this unreasonable—Corrections agreed to reconsider the inmate’s request and to review criteria for use—also that computer facilities at prison be reviewed to ensure availability to prisoners who meet criteria for assistance with litigationDepartment of Corrections not unreasonable to decline face to face interview between prisoner and journalist in particular case
Case notesPrisoner requested face to face interview with journalist—request declined—Ombudsman noted journalist had offered to conduct interview by AVL, notwithstanding preference for face to face—Ombudsman concluded that on this basis Department had not acted unreasonably in this instanceMinistry of Health agrees to increase what was an unreasonably low offer of ex gratia payment
Case notesMinistry 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.Patient eligibility for publicly funded healthcare
Case notesThis 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 beforeLocal Authority not unreasonable to issue Trespass Notice in the circumstances
Case notesWhether the District Council was reasonable to issue a Trespass Notice to the complainant and whether the complainant was given the opportunity to review the Council’s case against her—Ombudsman concludes the action was justifiedLocal Authority not unreasonable to hold that right of way issue is a civil matter
Case notesWhether the Council was unreasonable to suggest that a right of way dispute between neighbours was a civil matter—Ombudsman found Council’s advice to have been reasonableLocal 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 complaintSubmission of the Ombudsmen - Corrections Amendment Bill
SubmissionsWe had a limited opportunity to comment on the draft Corrections Amendment Bill (the Bill) and some amendments were made as a consequence of our submissions. However, there remain other matters which concern us.Local 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 1982Ministry of Agriculture’s aerial spray programme had unreasonable impact on population
Case notesMinistry 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 operationsLocal 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 CommitteeCanterbury District Health Board received inadequate advice about historic place
Case notesDistrict 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 siteLocal Authority has no right to demand legal and court fees from non-paying customer
Case notesLocal Authority issued legal proceedings to recover unpaid mooring charges along with an account for ‘legal and court costs’—as the case had not been heard by a Court, the complainant claimed this was wrong—Ombudsman upheld the complaint, noting that a Local Authority cannot claim costs and legal fees (this being a matter for the Court to determine) and the Local Authority cannot list these on a person’s account as owing—the Local Authority changed its procedures regarding recovery of court costsLocal Authority not unreasonable to grant non-notified resource consent despite neighbour’s objections
Case notesLocal Authority granted non-notifiable resource consent for building extension where complainant claimed the structure would block his lake views. Council correctly applied s 94(2)(b) when it determined that no persons would be affected by the building because the adverse effect of the proposal on the environment was minor—allowing the proposal to proceed on a non-notified basis was not unreasonableLocal Authority remedies misunderstanding with elderly vendor in property re-purchase agreement
Case notesValuation of property for re-purchase—reliance by Council on valuer’s expertise—Council did not disclose information about recent comparable sales—perceived threat to withdraw unilaterally from transaction—Council’s intention to offer vendor opportunity to seek release from contract—apology and ex gratia payment offered for misunderstandingLocal Authority revises time limits for oral submissions on draft annual plan
Case notesAnnual Plan—special consultative process—amount of time to be allowed for oral submissions—s 716A of the Local Government Act 1974Local Authority agreed its processes were inadequate when it removed vehicle from public street
Case notesVehicle removed by Local Authority in street—car had no registration sticker, was removed in accordance with ss 356(2) and (5) of the Local Government Act 1974 and stripped and crushed at a local tip—complainant claimed unfair process and investigation indicated a dispute of facts between the two parties about the time the car had been parked—Ombudsman found Authority’s records of actions inadequate—due process not followed—Authority accepted opinion—agreed to compensate for loss of the vehicle, apologise and to improve clarity of guidelines and procedures for record keeping