Resources and publications
Ngā rauemi me ngā tānga
Use the search bar to make your search. Then use the filters to narrow down the results by resource type or topic.
Commonly used guides include:
- The OIA for Ministers and agencies
- The LGOIMA for local government agencies
- Making official information requests: a guide for requesters
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.
Projects, reference and data
Template letters and work sheets
6 Resources Show all
- Case notes
Nomination for appointment to Tertiary Council pursuant to s 171(2)(f)(ii) Education Act 1989 required workers’ organisation to be consulted—Council refused to appoint organisation’s sole nominee and sought further nominations from organisation—appointment process stalled—alleged unreasonable failure by Council to consult—Ombudsman held consultation confers no rights on an organisation and that Council controlled appointments process
- Case notes
Council Workshop—decisions not formally made—requirements of the Act cannot be avoided by calling a meeting a workshop—Local Government Official Information and Meetings Act 1987, s 45(1)
- Case notes
Purchaser requested LIM from Council on property he was considering buying—LIM received and property purchased—after purchaser gained possession he discovered neighbour had building consent to drain storm water into his drain—building consent not referred to in LIM report—purchaser sought removal of drain and records about drain, and reimbursement of legal costs—Council advised its practice was to note consents only on applicant’s file - Ombudsman held Council’s actions unreasonable—Council agreed to pay compensation
Council should pay for cost of obtaining second legal opinion on straightforward matter raised by complainantCase notesProperty owner disagreed with Council that resource consent was necessary for building house—Council sought external legal advice and billed property owner who refused to pay—Council went to Disputes Tribunal which ordered property owner to pay all legal fees and court costs—property owner complained to Ombudsman who considered legislation and found it to be unambiguous that both the operative and proposed district plans must be complied with—Council agreed issue was straightforward and was aware of legislation and relevant case law—Ombudsman did not consider it necessary for further advice to be obtained on issue—view formed that it was appropriate for Council to exercise discretion under s36(5) of Resource Management Act 1991 and remit charge—in circumstances, Ombudsman also considered it unreasonable for Council not to remit Court and solicitor’s costs payable pursuant to Disputes Tribunal order—recommended all costs be remitted
Council agreed to purchase land containing toxic residue given that purchasers were unaware of site stateCase notesPrior to availability of a LIM, property owners’ development of their land revealed previous use was illegal toxic waste dump—Council knew this prior to purchase but had taken no action to either assess or remedy the problem as a matter of public safety—Ombudsman concluded the Council had a responsibility to assist the complainants—Council then purchased the land with the intention of declaring it an ‘orphan site’ prior to assessment and clean up if necessary.
Council offers ex gratia payment to complainant following its failure to provide correct information about dispute between neighboursCase notesAbatement notice issued in respect of non-complying structure—verbal agreement brokered by Council regarding acceptable modifications—modifications undertaken as agreed—other party to agreement disputed terms of agreement and withdrew—Council provided incorrect calculations regarding non-compliance—owner of non-complying structure incurred nugatory expenses—Council agreed to make ex-gratia payment to resolve matter