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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.
We also have guidance on disability rights and protected disclosures.
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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.
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Template letters and work sheets
These template letters and work sheets can be used by agencies to help respond to official information requests.
54 Resources Show all
Cancellation 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.Earthquake Commission should reimburse claimant’s travel costs when staff fail to attend meeting
Case notesEarthquake Commission asked to reimburse claimants who travelled to Christchurch from Auckland to attend a meeting with EQC officials who failed to arrive—Ombudsman concluded EQC failed to provide the level of service required in the circumstances—EQC asked to offer ex gratia payment to compensate losses incurred and to apologiseLocal 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 unreasonablyEarthquake Commission must follow legislation on claim lodgement time but Ombudsman considers law harsh
Case notesEarthquake Commission (EQC) not unreasonable to decline a claim lodged out of time because this is required under the legislation—Ombudsman considers the law unreasonably harsh and it should be changed—EQC advised it will look into amending the lawDepartment 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 instanceLocal 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 reasonableEarthquake Commission’s assessment of emergency repairs on red zone property not unreasonable
Case notesWhether Earthquake Commission (EQC) reasonably addressed concerns about emergency repair work on property affected by earthquake damage—Chief Ombudsman concluded EQC’s handling of this claim had not been unreasonableLocal 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 complaintEarthquake Commission unreasonable not to settle claim in the particular circumstances
Case notesEarthquake Commission (EQC) refused to proceed with contents claim without explaining to claimant, even though the claim had been assessed and approved—Ombudsman finds EQC’s actions unreasonable—complaint settled when EQC agreed to rectify its omissionLocal 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 1982Local Authorities not obliged to adopt narrow user-pays approach when setting rates
Case notesComplaint concerned a service provided by local authority for which a rate was levied—believed as he did not benefit from it, his rates liability should be adjusted—Ombudsman concluded ratepayers cannot expect the level of services/benefits will reflect precisely the rates paidLocal Authority unreasonable to allow change to Management Plan without public notification
Case notesLocal Authority administering a park, agreed to a non-notified change in its Management Plan and allowed a sports club to expand its building at the park—local resident objected to lack of public consultation—Ombudsman found vague reference in the Plan to sport’s club hoped to expand its facilities, but given the scale and nature of the proposed building, the Local Authority’s decision not to notify a change to the management plan was unreasonable—Authority agreed with decision and commenced notification processCouncil’s authority to levy Harbour Facilities Charge expired
Case notesImposition of ‘harbour facilities charge’—bylaw made pursuant to legal authority which had expired—s690A Local Government Act 1974, ss 33 and 427 Resource Management Act 1991Council 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 SchemeCouncils need to work within statutory framework when dealing with complaints about dogs
Case notesUnreasonable refusal to return impounded dog—placement of dog in another home or threat to do so