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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.
43 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.Request for staff names and initials in Commerce Commission memorandum
Case notesSection 9(2)(a) OIA did not apply—not necessary to withhold staff names to protect their privacy—section 9(2)(g)(ii) did not apply—no information to suggest release would lead to improper pressure or harassment—section 9(2)(g)(i) did not apply—no reasonReport 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).Request for political consultation emails
OpinionsThe Minister of State Services refused to provide two emails that revealed the comments provided by the Green Party in response to consultation on a proposed Cabinet paper.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 emaCommercial information: A guide to sections 9(2)(b) and 9(2)(i) of the OIA and sections 7(2)(b) and 7(2)(h) of the LGOIMA
Official informationThis is a guide to the commercial withholding grounds in sections 9(2)(b) and 9(2)(i) of the OIA and sections 7(2)(b) and 7(2)(h) of the LGOIMA.The OIA and the public tender process
Official informationA guide to how the OIA applies to information generated in the context of a public tender process.The OIA and the public policy making process: A guide to how the OIA applies to information generated in the context of the public policy making process
Official informationThis guide explains the most common reasons why it can sometimes be necessary to withhold official information generated in the context of the public policy making process.Commercial information work sheet
Template letters and worksheets, Worksheets and other resourcesThis summary work sheet is about the most commonly used grounds for withholding commercial information—unreasonable prejudice to a third party’s commercial position, and prejudice or disadvantage to an agency’s commercial activities.Work sheet for dealing with public tender information
Template letters and worksheets, Worksheets and other resourcesThis work sheet summarises guidance on dealing with public tender-related information, including responding to OIA / LGOIMA requests for such information.Free and frank opinions: A guide to section 9(2)(g)(i) of the OIA and section 7(2)(f)(i) of the LGOIMA
Official informationThis guide deals with the 'free and frank opinions' withholding ground in section 9(2)(g)(i) of the OIA and section 7(2)(f)(i) of the LGOIMA.The OIA and draft documents: A guide to how the OIA applies to requests for draft documents
Official informationThis guide explains some of the most common reasons why it can sometimes be necessary to withhold draft documents. These reasons relate to the free and frank opinions and confidentiality withholding grounds in the OIA and LGOIMA.Negotiations: A guide to section 9(2)(j) of the OIA and section 7(2)(i) of the LGOIMA
Official informationThis is a guide to the negotiations withholding ground found in section 9(2)(j) of the OIA and section 7(2)(i) of the LGOIMA.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).Request for emails between officials discussing the advice that should be tendered on the answering of parliamentary questions
Case notesParliamentary Privilege Act 2014 did not provide a statutory bar on the Ombudsman’s investigation of a complaint under the OIA—section 9(2)(g)(i) applied—release would prejudice the free and frank expression of similar communications in future—no publicRequest for draft advice on establishing a reserve
Case notesRelease of early and annotated advice would inhibit the free and frank exchange of opinions between officials drafting advice—general public interest in transparency had been met by disclosure of technical papers that formed the basis of the advice to the Minister, together with the final advice paperRequest for draft ministerial and chief executive correspondence
Case notesRelease of draft ministerial and chief executive correspondence would inhibit the free and frank expression opinions—s 9(2)(g)(i) appliesRequest for draft document on Starting Price Adjustment Input Methodology
OpinionsFor the reasons set out below, I am of the opinion that the Commerce Commission was entitled, under section 9(2)(g)(i) of the Official Information Act 1982 (OIA), to withhold a copy of a draft of a Starting Price Adjustment Input Methodology requeDepartment 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 partRequest for company’s annual report
Case notesReleasing cost of sales, expenses and revenue would enable competitors to determine the underlying cost of the company’s products and undercut them thereby prejudicing their commercial position—s 7(2)(b)(ii) appliesRequest for tender proposals, evaluation and scoring material relating to appointment of default KiwiSaver providers
Case notesRelease of detailed organisational information including information about products and fees would be likely unreasonably to prejudice the default providers’ commercial positions—section 9(2)(b)(ii) applies to tender proposals—explicit obligation of confidence—release would make it more difficult for MED to monitor compliance of default providers with their instruments of appointment and have a damaging effect on the success of the KiwiSaver scheme itself—section 9(2)(ba)(ii) applies to evaluation and scoring informationRequest for documentation about ‘Ageing in Place’ contract
Case notesRelease of detailed proposals and component prices would have an adverse effect on tenderers’ responses to future tenders issued by the DHB, which would damage the public interest—s 9(2)(ba)(ii) OIA applies—release would have an inhibiting effect in future on the quality of the documentation associated with the DHB’s contract negotiations and tender evaluation, which would be prejudicial to the future conduct of such tenders—s 9(2)(g)(i) appliesRequest for discussions between Ministers on business before Cabinet
Case notesDiscussions between Ministers on business before Cabinet imbued with a presumption of confidentiality—s 9(2)(g)(i) provides good reason to withhold undocumented discussionsRequest for draft public discussion document regarding auditor regulation
Case notesClose-to-final draft containing limited evidence of opinion material—risk of public misunderstanding of the status of this draft document did not justify withholding and could be addressed by disclosure of contextual information—strong public interest in transparency of the policy development process given full-scale public consultation no longer intendedDepartment of Corrections accepts obligation to consider inmates’ circumstances when deciding work and educational paroles
Case notesRefusal of work and educational paroles before inmate appeared before National Parole Board—inflexible policy inconsistent with concept of individual case management—review resulted in detailed case management plan for inmateRequest for amount of Government Securities beneficially owned by three major banks
Case notesAmount of government securities beneficially owned by three major banks as at the end of January 1990—information supplied pursuant to s 36 of the Reserve Bank of New Zealand Act 1989—importance of timely and accurate supply of data—s 9(2)(ba)(i) applied—holdings of Government Stock at specified dates important indicator of liquidity—s 9(2)(b)(ii) applied—public interest in protecting the investing public addressed by the provisions of the Reserve Bank of New Zealand Act relating to prudential supervisionRequest for sale and purchase agreement and deed of lease
Case notesRequest for NZ Post property agreements—ss 9(2)(b)(ii), 9(2)(i) and 9(2)(j)—no good reason to withhold either the deed of lease or the agreement for sale and purchase.Request by unsuccessful tenderer for copies of tender submissions for removal of bodies
Case notesFormat of the tender in this particular case was such that disclosure of the prices would be likely to prejudice the successful tenderer’s commercial position—s 9(2)(b)(ii) applies