Resources and publications
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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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More information about the resource categories on this page
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.
93 Resources Show all
Request for online discussion group messages
Case notesSection 9(2)(ba)(i) OIA applied—express obligation of confidence—release posed a real and substantial risk that the Ministry would be denied ongoing access to the New Zealand Tobacco Control Action Network—ongoing access was in the public interest becauRequest for ‘without prejudice’ communications
Case notesSection 7(2)(c)(ii) LGOIMA applied—obligation of confidence in respect of ‘without prejudice’ communications exchanged in an attempt to settle a legal dispute—release would be likely to damage the public interest in encouraging parties to settle their dRequest made via Twitter
Case notesA request may be made in any form and communicated by any meansCharge for supply of correspondence regarding proposals to lower the drink-drive limit
Case notesExample of how to calculate a reasonable charge—no remission of charge in the public interestRequest for information about an employment investigation (personal grievance)
Case notesPrivacy and confidentiality grounds apply but need for accountability when things go wrong— seniority of the individuals involved—extent of information in the public domain—other means of scrutiny and regulation—third party review satisfied the public interest in this caseRequest for information about employment investigation involving misuse of letterhead by Police officer
Case notesSections 9(2)(a) and 9(2)(ba)(i) OIA applied—privacy and confidentiality in employment context—withholding necessary to protect the officer’s privacy—express or implied obligation of confidence—release would be likely to prejudice the future supply of iRequest for tender scores for successful tenderer
Case notesRelease of tender scores would not be likely unreasonably to prejudice successful tenderer’s commercial position—s 9(2)(b)(ii) does not applyRequest 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 applicableRequest for Cabinet paper on decision to retain newborn blood spot cards
Case notesDecisions had been made—information did not reveal advice that would subsequently be tendered—s 9(2)(f)(iv) does not applyRequest for report on application to enter negotiations to integrate school
Case notesWhile the report itself had been considered, it was part of a longer term process of advice—disclosure would prejudice the orderly and effective conduct of ongoing advisory and decision making processesRequest for information about an employment investigation (withholding grounds)
Case notesPrivacy and confidentiality grounds applied—need for accountability when things go wrong— extent of information in the public domain—need to provide the ‘full picture’—nature and seriousness of the wrongdoing¬—whether other means of scrutiny or regulation—release of summary information to satisfy public interestRequest for copy of winning tender for Lawrence Oliver Park
Case notesRelease would enable competitors to anticipate winning tenderer’s strategy in future bids, which would unreasonably prejudice their commercial position—s 7(2)(b)(ii) appliesSubmission of the Ombudsmen - Mixed Ownership Model Bill
SubmissionsOur submission concerns clauses 6 and 7 of the Mixed Ownership Model (MOM) Bill, which remove the MOM companies from being subject to the OA and OIA. These Acts are important accountabilSubmission of the Ombudsmen - Corrections Amendment Bill
SubmissionsWe had a limited opportunity to comment on the draft Corrections Amendment Bill (the Bill) and some amendments were made as a consequence of our submissions. However, there remain other matters which concern us.Request for communications strategy relating to legal aid reform
Case notesRequest for information about a communications strategy—s 9(2)(g)(i) provides good reason to withhold two sentencesRequest for comments generated during OIA decision making process
Case notesDisclosure would inhibit advisors or officials from expressing or recording free and frank advice on OIA requests in the future—good reason to withhold under s 9(2)(g)(i)Request for draft press releases
Case notesRelease would impact on the effectiveness of the process of drafting press releases in future, because officials would be reluctant to be candid or to openly express their initial thoughts in writing—s 9(2)(g)(i) appliesRequest for list of titles and dates of reports and briefings received by the Minister from specified government agencies
OpinionsOn 22 January 2009 the Office of the Leader of the Opposition (the complainant) requested from the Minister of Finance a list of all reports and briefings, by title and date, received from any government departments since 9 November 2008, in relatRequests for EQC cost estimates
Case notesA number of requesters sought the Scope of Works document held by EQC in respect of their properties that had been damaged in the Canterbury earthquakes. EQC released the Scope of Works, which details the repair strategy in respect oRequest 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)Request for draft ministerial inquiry report
Case notesRelease of early and annotated draft would inhibit ministerial appointees from expressing free and frank opinions in future and sharing drafts with the Ministry of Justice—public interest met by availability of final report—s 9(2)(g)(i) appliesRequest for information concerning review of Oil Pollution Fund and MNZ’s preparedness to respond to oil spill
Case notesConsulting with requester in fulsome way removed reason for refusalUnreasonable implementation of section 35A processes in relation to the residual places policies
Case notesImplementation of residual places policies by Immigration New Zealand in 2004-2005 to enable Pacific residence quotas to be filled - guidance for immigration officers on s 35A processes relating to policies was late and unclear - inconsistent advice was consequently given to some overstayers - creation of, and failure to manage, erroneous expectation that the policies represented an opportunity for overstayers to change their immigration status - departmental acknowledgment of systemic failings - relevant actions of Immigration New Zealand were considered to be unreasonable – remedy provided to affected people.Meridian Energy’s process for purchasing property not unreasonable
Case notesComplaint about price Meridian Energy paid for a property—Ombudsman found the process had been reasonableEarthquake 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 1982Request for offender’s photo on police file
Case notesRape victim sought photograph of attacker whose face she had never seen—Police refused the request to protect the privacy of the offender—s 9(2)(a) applied—public interest in assisting victims of crime to recover from trauma and move on with their lives—balance of competing privacy and public interest considerations needed to be made—appropriate to make photograph available for viewing subject to appropriate conditionsRequest for qualifications and work history of staff at Polytechnic Department
Case notesRequest for details about staff at Polytechnic—withheld under s 9(2)(a) to protect privacy—public interest in ensuring employment practices of Polytechnic are transparent and fair—met by summary release of staff details and selection processRequest for copy of competitor’s licence deed
Case notesFerry service operator requested copy of competitor’s licence deed from ferry terminal facility owner—request refused under s 7(2)(b)(ii) LGOIMA on basis release would prejudice commercial position of licensee—licensee argued that it had originally negotiated licence in atmosphere of complete commercial confidentiality with then port authority at a time when neither party was subject to LGOIMA—Ombudsman considered s 8 LGOIMA and s 75 Local Government Act 2002—neither Act contains transitional or saving provisions concerning information held by private bodies that later become subject to this legislation—request for such information should therefore be considered in same way as any other LGOIMA request—Ombudsman found no commercial prejudice likely and strong public interest in release—facility owner released information.Request for ACC notice board bulletin
Case notesRequester sought a copy of ACC notice board bulletin - bulletin contains commentary and advice on various court decisions - prepared by practising solicitor in his professional capacity - purpose is to give general legal advice to case managers who routinely request and rely upon it - refused under s 9(2)(h) - legal professional privilege applies - no waiver even though it was distributed widely amongst ACC staff - marked confidential and subject to privilege - no public interest in release that outweighed strong public interest in ensuring privilege is maintained.Request for names and email addresses of people consulted on draft speech
Case notesRecipients and senders of emails consulted—disclosure would not inhibit senior public servants from expressing free and frank opinions in future—however others would be inhibited