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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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27 Resources Show all
Local Authority excludes public from meeting when agenda item about water issues
Case notesComplaint about a Local Authority (the Council) to exclude the public from a part of its Audit and Risk Committee meeting regarding its discussion of agenda item relating to water quality and water restriction issues—insufficient weight was given to the public interest in the subject matter of the agenda itemEarly resolution of a potential water restriction to a family home
Case notesA family received notice that an agency would be severely restricting its water supply because of an overdue account. Once the Ombudsman became involved, the agency reviewed its accounts and realised it was in error. On the Ombudsman’s request, the agency apologised to the family and committed to reviewing its accounts more carefully before advising of possible water restrictions. From complaint to resolution, the issue was resolved in only 12 working days without the family suffering water restrictions.Request for DHB financial reporting data
Case notesWhile release 1 month after refusal would have been ‘soon’ there was no reasonable certainty release would occur by then—agency should reasonably have foreseen delay in obtaining Ministerial input due to election—Section 18(d) did not applyAdministrative error leading to loss of opportunity to name a road
Case notesIn mid-2016, the owners of land containing a private road became aware that Kaipara District Council (the Council) had excluded them from a consultation process that it had initiated among residents earlier that year to determine a name for the road.Local Authority not unreasonable to turn off water supply at property owned by a Trust
Case notesDecision by Local Authority to turn off water supply in building occupied intermittently—Ombudsman finds not unreasonableMinistry of Foreign Affairs and Trade assistance for New Zealanders abroad not unreasonable
Case notesMinistry of Foreign Affairs and Trade (MFAT) provided advice to complainants held by school authorities in China—acted in accordance with international consular practice as set out in Vienna Convention—MFAT assistance limited to providing information and cannot interfere with decisions made by other countriesDepartment of Corrections staff to follow legislative requirements when segregating inmate
Case notesDepartment of Corrections held prisoner in Management Unit without following required procedure—segregation legislation and regulations are clear and prescriptiveLocal Authority fails to include relevant information on a Land Information Memorandum
Case notesLocal Authority omits to identify potential slippage risk on a Land Information Memorandum (LIM) issued to the complainant—Ombudsman sustains complaintCancellation 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.Request for recidivism statistics
Case notesNo certainty that information would be released in the near future—release 13 weeks after refusal was not ‘soon’—s 18(d) did not applyRequest for quarterly justice sector report
Case notesRelease 12-16 weeks after refusal was not ‘soon’—s 18(d) did not applyRequest for CSV copy of the Teachers Register
Case notesSection 18(d) OIA did not apply—information was not publicly available in the form requested—s 9(2)(a) did not apply—not necessary to withhold publicly available information in order to protect privacy—information releasedLocal 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 unreasonablyDepartment 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 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 operational protocols and governance arrangements for the retention of new born blood spot cards (‘Guthrie’ cards)
Case notesRequest for protocols for Guthrie cards—requester advised protocols would be reported back to government by end of April and released in due course—some documents subsequently released but not the documents requested—it must be the actual information requested that is to be made publicly available, not other information, even if it is related, or the final version of the information—s 18(d) not applicableLocal 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 copy of report about resource teachers of Maori
Case notesRequest to Minister of Education for report about resource teachers of Maori—request refused under s 18(d)—two months later report still not available—no reason under OIA to withhold information—Minister agreed to release report—release further delayed for purpose of consulting Associate MinisterLocal 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 1991