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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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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.
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Contains our media releases, newsletters, pamphlets, speeches and fact sheets. Fact sheets are published in multiple language and accessible formats.
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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.
49 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 emails between Costamare and Maritime New Zealand regarding the MV Rena
Case notesReleasing emails between the parties during the negotiations would prejudice willingness of the parties to participate in the negotiation in an open manner—s 9(2)(j) appliesRequest for advice about SkyCity convention centre
Case notesNecessary to withhold strategy and bottom lines to enable the Crown to carry on negotiations with SkyCity—s 9(2)(j) appliesRequest for Landcare report on Balmoral Pastoral Lease
Case notesThe risk of lobbying and media attention is not a prejudice or disadvantage in terms of s 9(2)(j)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 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 1991Immigration Service allows reconsideration of residence application
Case notesApplication for residence declined on ground that false declaration supplied—principles of fairness and natural justice—provision of a fair hearingCouncil 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 soCouncil not unreasonable to claim entitlement to non-refundable deposit
Case notesUnreasonable tendering of land when possible contract entered into – title of land not held by CouncilCouncil enforcement of Planning Tribunal ruling
Case notesFailure to enforce District Scheme requirements-resolved by Council initiating legal proceedingsCouncil failed to meet obligations under Rating Powers Act 1988
Case notesUnlawful setting of rate—section 110 of Rating Powers Act not complied withCouncil not unreasonable to expect ratepayers to indicate purpose of a payment
Case notesCouncil procedure required ratepayers to give Council written notice if they wished a rates payment to be used to pay off newer outstanding rates before penalty date rather than older outstanding rates on which penalty had already accruedCouncil staff failed to enforce district plan regarding rights for roadside sales
Case notesDistrict scheme provisions—selling of bought-in produce from roadside stalls—existing use rightsLocal Authority required to improve damaged drainage systems on private properties
Case notesDrainage of two properties was inadequate and Council failed to act on the matter—the Ombudsman determined that the Council had abrogated its responsibilities by failing to act appropriately to deal with the problem—Council agreed to do the remedial work following the Ombudsman’s inquiriesCouncil agrees to change basis for imposing fees for licence to occupy in small community following complaint from permanent residents
Case notesFees for licence to occupy reserve land—differential between permanent and non-permanent residentsCouncil required to serve notice for noise nuisance
Case notesFailure to reduce noise nuisanceCouncil accepts further discussion required with public over road closure decision
Case notesClosure of a public road during winter monthsCouncil agrees to pay for part of fence removed for road widening
Case notesDelay in Council replying to complainant’s correspondence relating to the matter—unclear whether undertaking had been made—on balance probable