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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.
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Case notes are a short case summary, often demonstrating an aspect of a case.
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31 Resources Show all
Report on an unannounced inspection of Tongariro Prison under the Crimes of Torture Act 1989
OPCAT reportsThe following report has been prepared in my capacity as a National Preventive Mechanism (NPM) under the Crimes of Torture Act 1989 (COTA).Report on an unannounced inspection of Northland Regional Corrections Facility - August 2019
Reports, OPCAT reportsThe Chief Ombudsman Peter Boshier says the Northland Regional Corrections Facility is persisting with policies that are preventing it from achieving its full potential.Report on an unannounced follow up inspection of Otago Corrections Facility - June 2019
OPCAT reportsFrom 28 January to 1 February 2019 my Inspectors (whom I have authorised to carry out visits of places of detention under COTA) visited Otago Corrections Facility (the Prison) to follow up on recommendations made in a previous OPCAT report (May 2016).The OIA for Ministers and agencies: A guide to processing official information requests
Official informationThe purpose of this guide is to assist Ministers and government agencies in recognising and responding to requests for official information under the OIA.The LGOIMA for local government agencies: A guide to processing requests and conducting meetings
Official informationThe purpose of this guide is to assist local government agencies in recognising and responding to requests for official information under the LGOIMA.Making official information requests: A guide for requesters
Official informationIf you are seeking information from a Minister, or central or local government agency, you may be able to ask for it under either the OIA or LGOIMA.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 emaSubstantial collation or research: A guide to section 18(f) of the OIA and section 17(f) of the LGOIMA
Official informationSection 18(f) of the OIA (section 17(f) of the LGOIMA) is one of a number of mechanisms under the Act for dealing with requests for information that are administratively challenging to meet.Report on an announced inspection of Auckland South Corrections Facility - 20 February 2019
OPCAT reportsThe Chief Ombudsman, Peter Boshier, has released his first inspection report into the treatment and conditions of prisoners at Auckland South Corrections Facility (also known as Kohuora).Report on an unannounced inspection of Whanganui Prison - 4 September 2018
OPCAT reportsThe following report has been prepared in my capacity as a National Preventive Mechanism under the Crimes of Torture Act 1989 (COTA). My function under the COTA is to examine and make any recommendations that I consider appropriate to improve the treatment and conditions of detained persons in a number of places of detention, including prisons. This report examines the treatment and conditions of persons detained in Whanganui Prison.Report on an unannounced follow-up inspection of Christchurch Women's Prison - 4 April 2018
OPCAT reportsIn 2007, the Ombudsmen were designated one of the National Preventive Mechanisms (NPMs) under the Crimes of Torture Act (COTA), with responsibility for examining and monitoring the general conditions and treatment of detainees in New Zealand prisons.Report on an unannounced inspection of Arohata Upper Prison - 21 March 2018
OPCAT reportsThe Upper Prison was facing considerable challenges. Resources, infrastructure and staffing were under pressure, which was compounded by the geographical separation from the administrative centre at Tawa. Day-to-day operating systems and arrangements for dealing with women were not fully embedded. Reception and induction processes were poor, and information for foreign prisoners was not available. Significant delays in access to personal property were a source of frustration for many women, reflected in the growing number of complaints and misconducts.Administrative error resulting in lost opportunity for ACC claim
Case notesA patient who was unaware he had asbestosis underwent a CT scan while being treated at a DHB Hospital. On the scan’s accompanying notes a radiologist noted previous asbestos exposure. This CT scan with accompanying notes was misfiled, for unknown reasons, and the patient’s diagnosis of asbestosis was not confirmed until autopsy.Ministry of Health unreasonably disallowed visiting Australian resident access to publicly funded health services
Case notesWhether the Ministry of Health was unreasonable to determine that medical treatment obtained by a visitor to New Zealand was not ‘immediately necessary’ and therefore not covered by reciprocal health agreement with Australia – Ombudsman considered the Ministry of Health erred – complaint sustainedRequest for statistics on allegations of assault by Corrections staff
Case notesRequirements of Operations Manual meant source information to answer request should be held—manual compilation is not creation—s 18(g) does not apply—unreasonable to rely on s 18(f) when the fundamental difficulty in providing the information was down to the Department’s own administrative lapsesDepartment 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 prescriptiveReport on complaints arising from aerial spraying
Systemic investigationsIn June 2003 I received complaints from Ms Jane Schaverien, then of Auckland but now of Wellington, to investigate under the Ombudsmen Act 1975 the question whether the information given to Ministers by the Ministry of Agriculture and Forestry was inadequate regarding the possible dangers associated with the widespread concentrated use of Foray 48B in West Auckland, and in relation to the Ministry of Health, whether the Ministry had failed to pursue its responsibilities under the Health Act, 1956, or had abdicated those responsibilities in favour of the Ministry of Agriculture and Forestry. In September 2003 I received a complaint from a Hamilton resident, Ms Michelle Rhodes, in generally similar terms regarding the Ministry of Agriculture and Forestry. These complaints arose from the aerial spraying operations carried out on behalf of the Ministry of Agriculture and Forestry in West Auckland to eliminate the Painted Apple Moth, and in parts of Hamilton to eliminate the Asian Gypsy Moth. In relation to West Auckland these operations began on a comparatively small-scale in January 2002, they were continued on a much larger scale through to May 2003, and were finally completed in May 2004.Report on issues involving the criminal justice sector
Systemic investigationsThe following is my report consequent on a reference directed to me by the Prime Minister to investigate the administration of the criminal justice system. The Terms of Reference directed to me are attached as Appendix A. By agreement the reporting date was extended to 1 December 2007. I note that my report is to be tabled in Parliament. My investigation has been conducted in accordance with the provisions in the Ombudsmen Act 1975.Request for details of 404 land covenants
Case notesComplaint about s 18(f) refusal resolved by release of other informationCharge for supply of information about Maori interests in the management of petroleum
Case notesCharge avoided by allowing inspection subject to conditionsRequest for list of reports received by Minister
Case notesRequest for four months worth of dates, titles and reference numbers of reports—decision making and quality assurance did not constitute ‘collation’ or ‘research’—release with caveat would address issues around reliability of data—s 18(f) did not apply, particularly in light of ability to extend time to respondRequest for medical waiver statistics
Case notesTask involved in manually reviewing tens of thousands of applications was ‘substantial’Request for numbers of staff with criminal convictions
Case notesRequest involved manual search of over 4,500 files and 2000 hours—refusal under s 18(f) justifiedCorrections 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.Department 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 guidelinesMedical Practitioners’ Disciplinary Tribunal outside Ombudsman’s jurisdiction
Case notesComplaint about Medical Practitioners’ Disciplinary Tribunal decision to strike off a doctor and media coverage of the hearing—no jurisdiction to investigate—Ombudsman has discretion to investigate matters of administration with respect to the Health and Disability Commissioner’s investigation into the doctor’s medical practices but only if complainant has sufficient interest in the subject-matter of complaint and consent from the doctorFailure by health funding body to honour undertaking by predecessor funding body to fund gender reassignment surgery unreasonable
Case notesThe Health Funding Authority (disestablished in 2001) was required to consider a complaint against its predecessor (Regional Health Authority) about an agreement by RHA to fund gender reassignment surgery—the RHA had initially agreed to fund this surgery but then changed its policy—the Ombudsman concluded that it was unreasonable for the RHA not to honour this undertaking on the basis of a subsequent change in policy and that its successor, the HFA should remedy the unreasonable actions of its predecessor—the HFA agreed with the Ombudsman’s recommendations to fund the gender reassignment surgery in the manner originally approved—as the HFA was by this time disestablished the matter was passed to the Ministry of Health for completionArea Health Board prevented by legislation to perform surgery
Case notesCosts—unreasonable refusal to accept complainant’s payment of hip prosthesis, thereby delaying surgeryAllegations against Area Health Board not sustained by Ombudsman but Board initiates proceedings against TVNZ
Case notesPublic allegations of misdiagnosis and ill treatment of child—effect of publicity on those involved—examination of non-broadcast material—complaints not sustained, but broadcast material unbalancedArea Health Board and its Review Committee handled complaint inadequately
Case notesInadequacy of complaint procedures and consent procedures for blood products—lack of consultation—revised procedures adopted