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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.
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.
62 Resources Show all
Inland Revenue refusal to provide tracing information for overseas borrowers justified
Case notesA complainant requested information from Inland Revenue about how it traces student loan overseas. Inland Revenue refused the request on grounds it would be contrary to the provisions of the Tax Administration Act.Request for data gathered by Inland Revenue contractor
Case notesThe Ombudsman formed the opinion that it was unreasonable for IR to rely on sections 18(e) and 18(c)(i) of the OIA in this case.Delay in responding to request for certain briefings
Case notesFailure by the Minister for Courts to make and communicate his decision on a request for official information within extended time limit— contrary to lawDecision to implement locked cell policy
Case notesComplaint about the negative effects of implementing a locked cell policy in the Kaaka North and South pods at Northland Region Corrections Facility – Chief Ombudsman found that the implementation was unreasonable – the significant consequences (lack ofExtension of time limit to enable kanohi ki te kanohi consultation
Case notesExtension to enable kanohi ki te kanohi consultation on OIA request reasonable in the circumstancesRequest for information about death in custody
Case notesRequest for all correspondence about death in custody—unreasonable to rely on sections 9(2)(a) and 9(2)(ba)(i) without compiling and reviewing the information—subsequent reliance on section 18(f) (substantial collation or research) also unjustified—Request for names and contact details in Department of Corrections’ emails
Case notesSection 9(2)(a) OIA did not apply to names—many of the names were publicly available— seniority— section 9(2)(g)(ii) did not apply to names—no evidence to suggest release would lead to improper pressure or harassment—section 9(2)(a) did not apply to emaDepartment 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 prescriptiveDepartment 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 instanceDepartment of Internal Affairs’ interpretation of Rates Rebate Act correct in partnership income issue
Case notesDecision not to investigate a complaint about the Department of Internal Affairs’ interpretation of the Rates Rebate Act 1973Department of Corrections reasonable to seek removal of prisoner from study course in some circumstances
Case notesWhether the Department of Corrections was reasonable to request the tertiary institution to remove a prisoner from a course at a polytechnic—Ombudsman found Department’s decision to have been reasonable in partDepartment of Corrections made errors in documentation but parole hearing set correctly
Case notesWhether Department of Corrections staff failed complainant with respect to a Parole Board hearing—Ombudsman found errors in documentation but complainant not disadvantagedDepartment of Corrections unreasonable to place prisoner with mental illness in mainstream unit
Case notesWhether the Department of Corrections was unreasonable to place prisoner in mainstream unit given specific medical condition of mental illness—Ombudsman upheld complaintInland Revenue Department not unreasonable to decline ex gratia payment
Case notesInland Revenue Department (IRD) refused to provide financial compensation for error—complainant not affected financially by error—Ombudsman concluded IRD reasonable to offer apology and instalment plan for repayment of money sent in error to complainantInland Revenue agrees to offer ex gratia payment for error
Case notesIRD delayed advising student of loan liability—IRD agrees to offer complainant ex gratia payment representing the accrued interest for the period the loan repayment had been outstandingInland Revenue Department not unreasonable to pay tax refund to estranged wife
Case notesInland Revenue (IRD) decision to pay complainant’s tax refund to estranged wife appropriate in the circumstancesAuckland International Airport unreasonable to issue Trespass Notice
Case notesAuckland International Airport Ltd—Trespass Notice to shuttle driver unreasonable and unjust—penalty imposed by airport out of proportion in relation to offenceLand Information New Zealand entitled to sell property previously available for buy-back
Case notesClaim as successors for the offer-back of a disused school site—Ombudsman not wholly satisfied with some aspects of the process adopted by LINZ, but concluded that claimants could not fall within the statutory definition of ‘successor’Transpower New Zealand’s refusal to consent to construction not unreasonable
Case notesComplaint about refusal of Transpower New Zealand Ltd to allow building on property over which it had easement—Transpower refused consent—Ombudsman found its actions not unreasonableCorrections unreasonable not to pay for inmate’s glasses for re-integration programme
Case notesLong serving prison inmate required glasses to participate in reintegration programme and work in prison tailor shop—Department of Corrections refused to pay for glasses unless inmate would refund them through his prison earnings—inmate later found out Department had paid for another inmate’s glasses in full—Ombudsman sustained complaint that inmate was not treated fairly—refund to inmate of money paid recommended.Ministry of Culture and Heritage’s decision regarding artefact was reasonable
Case notesMinistry of Culture and Heritage—custody of bone artefactLandcorp fails to monitor survey of land for sale
Case notesLessee of Crown land given opportunity to purchase it freehold in 1996 from Landcorp—a review of title revealed land had been surveyed to exclude all internal waterways used by lessee for his salmon and trout farms and problem discovered too late for exemptions under Conservation Act—the consequences of survey effectively confiscated farms and lessee complained to Ombudsman that Landcorp’s failure to monitor survey allowed issuance of title for an unviable property—Ombudsman reviewed circumstances and agreed Landcorp should have ensured it was informed of survey progress—its failure to monitor meant Landcorp could not take more effective measures to overcome title issues and land subsequently not fit for sale—view formed that Landcorp’s sale was unreasonable—Landcorp disagreed with view but agreed to make ex-gratia payment to complainantInland Revenue’s policy and procedures deficient in case of child support repayments
Case notesIRD reviewed child support payments for liable parent resulting in $180 per month increase backdated 3 months—parent advised he could not pay arrears in lump sum and sought payment in instalments—IRD agreed—custodial parent complained to Ombudsman—Ombudsman reviewed instalment policy—IRD’s decision made in accordance with policy—however policy did not require full disclosure or scrutiny of liable parent’s financial situation—Ombudsman of view decision in this case not unreasonable as followed policy, but policy and procedures deficient and unreasonable—IRD agreed to review policy and proceduresOIA request extension notified outside time limit
Case notesRequest for large amount of information relating to tobacco control—extension to time limit for responding to request required—extension notified outside time limit in s 15A—deemed a refusal—no further investigation required as decision on request pendingDepartment of Corrections required to state reasons for security classification
Case notesPrison inmate complained that his security classification had been unreasonably assessed and Ombudsman concluded the Department failed to provide ‘strong reasons’ (which must be stated)—Ombudsman found the Prison officers had based their classification on uncorroborated, unrecorded, verbal statement made by another inmate—Ombudsman upheld complaint based on inequitable situation that would result if prison relied solely on this information, however, the inmate released before any recommendation could be madeDepartment of Corrections revises guidelines on implications for visitors possessing drugs
Case notesPrison banned inmate’s family members from visiting for 12-months after small amount of cannabis found in their possession—the inmate complained that the duration of ban was unreasonable but the Department of Corrections noted it had zero tolerance policy for drugs with an automatic 12-month prohibition order to be placed on anyone found with them on prison property—Ombudsman concluded blanket ban unreasonable and the Department agreed each case to be considered on merits and prepared guidelines for prisons—Ombudsman advised inmate to apply for a review of prohibition order under the new guidelinesInland Revenue provided incomplete advice therefore was unreasonable to decline remission application
Case notesProvisional taxpayer advised by IRD of date tax due—advice relied on was wrong—late provisional tax resulted in ‘Use of Money Interest’ imposed by IRD—remission sought on grounds that taxpayer relied on IRD advice—remission declined as advice considered to be correct on the basis of details originally provided by taxpayer—Ombudsman formed view that information provided by IRD was correct but incomplete therefore decision to decline remission application unreasonable—partial remission appropriate in circumstancesCrown Research Institute’s publication on nicotine in tobacco inadequate
Case notesPublication of research data subsequently found to be flawed—notice of research results to interested parties—adequacy of subsequent retraction—inclusion of contextual material with media release—relationship between an Ombudsman's jurisdiction and issues involving scientific techniques and the course of research—matter of administration—Ombudsmen Act 1975, s 13IRD delays verifying student’s address and unreasonably charged late payment penalties
Case notesStudent believed her student loan repaid by grandmother and she had had no contact from IRD for eight years—there was no evidence the loan was repaid and IRD accepted there had been an unreasonable excessive delay in contacting student due to lack of valid address—however the IRD had no power to write off initial loan balance but following the Ombudsman’s investigation, agreed to reinstate loan in the current year and cancel accumulated interest and penaltiesDepartment of Corrections failed to meet requirements before placing inmate in restrictive regime
Case notesDepartment of Corrections placement of inmate on restrictive regime designed for the most disruptive inmates unreasonable because criteria for placement not met—placement deemed unreasonable—inmate immediately returned to mainstreamDepartment of Corrections applies prison visiting rules too rigidly
Case notesSpecial family visit to inmate denied—decision contrary to Department's national standard—prison agreed to review its local instructions to ensure consistency with spirit and intent of national standard