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.
50 Resources Show all
Request for information about volunteer rural constabulary programme
Case notesSection 9(2)(f)(iv) OIA applied to briefing from New Zealand Police to Minister—negotiations between coalition partners were still required, and disclosure would have prejudiced the orderly and effective conduct of the Government’s decision making proceDecision 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 ofRequest 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 staff named in emails about genetically modified corn
Case notesSection 6(d) OIA did not apply—no real and objective risk of danger to safety—s 9(2)(g)(ii) OIA did not apply—many of the names were already publicly available in connection with this issue and no harm had ensued—section 9(2)(g)(i) OIA did not apply—infRequest for public submissions on draft standard
Case notesMembers of the public with a vested interest in developing standards would not be deterred from expressing their opinions in futureRequest for report on DHB governance issues
Case notesDisclosure of report at time of request would have inhibited expression of free and frank opinions by officials—but passage of time and change in circumstances had diminished the likelihood of such prejudice—senior public servants would not be inhibited from expressing free and frank opinions in futureLocal Authority unreasonable to review peppercorn rental without prior notice
Case notesPeppercorn rent paid to Council for encroachment licence fee for garage—Council increased amount—inconsistent process—Ombudsman viewed increase unreasonable because of lack of noticeLocal Authority and property vendors both responsible for checking lease agreement
Case notesLocal Authority—unreasonable not to have contacted previous lease holder three months after licence to occupy had expired and before agreeing to lease land to another person—Local Authority agrees to apologise to complainantLocal Authority not unreasonable to allow retrospective consents on building already constructed
Case notesLocal Authority issued an abatement notice to developers—Ombudsman concludes it was reasonable for Council to allow building to proceed while consent process completed—Council acted in accordance with the Resource Management Act (RMA)Local Authority unreasonably failed to consider planning implications for building addition
Case notesLocal Authority unreasonable to require the complainant to obtain a resource consent for completed building work, which had been authorised by the Council three years previouslyRegional Authority’s tender process inadequate
Case notesRegional Council’s tender processes unreasonable, although the tender was incomplete, the Council officer contacted complainant after close of tenders to clarify his tender—having allowed an incomplete tender to proceed and provided complainant with an opportunity to clarify the tender, it was unreasonable for that clarification not to have been provided to the Tender CommitteeDepartment of Internal Affairs not unreasonable to cancel passport
Case notesDepartment of Internal Affairs—decision to recall and cancel complainant’s NZ passport – position determined by terms of legislationRequest for communications between Minister of Finance and the Reserve Bank
Case notesRequest for communications between Minister of Finance and the Reserve Bank regarding economic growth, monetary policy and inflation outlook—information withheld under ss 6(e)(iv), 9(2)(d), 9(2)(f)(iv) and 9(2)(g)(i)—markets are extremely sensitive and react to the most subtle signals—if released, Reserve Bank would be likely to become more guarded about what was said at, and recorded after, meetings with Minister—s 9(2)(g)(i) applied and no countervailing public interest considerations which outweighed need to withholdLocal 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 1991Council 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 accrued