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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.
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Contains our media releases, newsletters, pamphlets, speeches and fact sheets. Fact sheets are published in multiple language and accessible formats.
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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.
34 Resources Show all
Request 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 Information relating to appointment of an honorary consul in Monaco
Case notesConfidentiality can diminish over time—s 9(2)(f)(iv) does not applyRequest 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 advice on electoral finance, after the introduction of the Electoral Finance Bill
Case notesIntroduction of Bill constituted discrete end-point in the policy development process—disclosure would not prejudice ability of Ministers to consider advice eventually tendered by officials—s 9(2)(f)(iv) does not applyRequest for options and analysis in review of NZ Superannuation Portability
Case notesCabinet had agreed to package of proposals but agreement was subject to funding in Budget— Budget secrecy only applies if decision has been made to include proposals in Budget—analysis protected by s 9(2)(f)iv) but not bare options—advice two years old and no advice issued about which options were under consideration—strong public interest in release of bare optionsRequest 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 information about funding of Resource Teachers
Case notesAdvice provided in context of Budget but bid unsuccessful—Minister asked for bid to be resubmitted in next Budget—9(2)(f)(iv) applied to much of the information at issue, but not all of it—Minister released some general information but continued to withhold detailed analysis—overall public interest not served by the disclosure of advice that may undermine the effective preparation of next BudgetRequest for information concerning South Auckland primary teacher supply
Case notesDecisions had been made—disclosure of abandoned options posed no risk—s 9(2)(f)(iv) does not applyRequest 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 intendedRequest for communications between Minister of SOEs and other parties in respect of policy announcement about TVNZ
Case notesRequest for communications between Minister of SOEs and other parties in respect of policy announcement about TVNZ—information at issue comprised oral communications with Cabinet colleagues preceding policy announcement—withholding necessary to protect constitutional convention protecting collective and individual ministerial responsibilityRequest for Defence Force National Real Estate Review
Case notesRequest for Defence Force National Real Estate Review—information withheld on basis of need to protect confidentiality of advice—report prepared by external consultants and submitted to Minister—information not advice tendered by officials—recommendation that report be released—report released with contextual statementRequest for information relating to Government funding for upgrade of hospital
Case notesRequest for information on Government funding for the upgrade and redevelopment of Wellington Hospital—request refused on variety of grounds—majority of information released on review—interpretation of s 9(2)(i) and what constitutes ‘commercial activities’—Health and Disability Services Act 1993, s 11(2)(b)Request for manufacturer’s information of breath-testing device used by Police
Case notesRequest for technical data and manufacturer’s specifications for an evidential breath-testing device used by the Police—information withheld on basis release would disclose a trade secret, unreasonably prejudice commercial position of manufacturer and prejudice maintenance of the law—New Zealand case law suggested prosecution obliged to disclose sufficient information to defence counsel—investigation discontinued on basis that application to the Court provided adequate alternative remedyRequest for Consultative Draft District Plan
Case notesConsultative Draft District Plan refused under s 7(2)(f)(i)—information did not meet requirements of that section—no statutory prohibition in Resource Management Act which prevents information being made available before the date of notification—Resource Management Act 1991, s 35(2)Request by paediatric social worker in a public hospital for Manitoba Risk Estimation System
Case notesRequest by paediatric social worker in a public hospital for Manitoba Risk Estimation System—request declined—system provided to CYPFS subject to contract—consultation with owners of system—information released subject to conditionsDepartment of Corrections reasonably held inmate in segregation
Case notesUnreasonable placement of inmate on precautionary segregation—written material found in his cell which reflected on the safety of prison staff—placement not deemed unreasonableDepartment of Corrections should explain reasons for declining application to be excused from PD reporting
Case notesRefusal of application to be excused from reporting for periodic detention—incomplete explanation given at the time—reasons and apology provided—Criminal Justice Act 1985, s 41(3)Department of Corrections required to advise decision on day parole application
Case notesFailure to advise inmate of decision on application for day parole—prison administration expected inmate to ask Case officer for outcome—responsibility for advising the outcome of a request/application normally rests with decision-maker—internal procedures changed to reflect normal practiceRequest 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) appliesRequest for price of successful tender to supply disposable syringes and needles
Case notesSections 9(2)(b)(ii) and 9(2)(i) do not apply—public interest in release to promote integrity and transparency of tender processRequest for Police review on importation of firearms
Case notesRequest for access to Police review on importation of firearms—release of recommendations would undermine s 9(2)(f)(iv) but not the release of background information—public interest in disclosure outweighs need to withhold recommendations—issue of firearms control is one in which the principle of public safety is paramount—greatest possible transparency required in the making of laws and policiesRequest for advice to Government on producer board reform
Case notesRequest for advice to Government on producer board reform—paper dated December 1988—constitutional conventions—whether still under consideration in May 1999—whether disclosure would interfere with policy making—ss 9(2)(f)(iv) and 9(2)(g)(i)—public interest balancing—participation and accountabilityRequest for a copy of paper presented to Cabinet Strategy Committee
Case notesInformation deleted from position paper on pricing issues presented by ECNZ to Cabinet Strategy Committee—ss 9(2)(g)(i) and 9(2)(j) applied to some of the information—interest in withholding information in certain sections of the paper outweighed by strong public interest in disclosure—s 9(1)—electricity pricing has a direct widespread impact on a large number of New ZealandersRequest for information disclosed during confidential Ministerial briefing to sector group
Case notesRequest by Opposition for information disclosed during confidential Ministerial briefing to sector group—s 9(2)(g)(i)—effective conduct of public affairs—public interest balancing—accountability—need for transparency in Minister’s dealings with financial sectorRequest for information relating to the setting up of the Special Committee on Nuclear Propulsion
Case notesRequest for information relating to the setting up of the Special Committee on Nuclear Propulsion—given the sensitivity of the nuclear propulsion issue and the context in which the information had been generated, the withholding of the information was necessary under ss 9(2)(f)(iv) and 9(2)(g)(i)—at the time of the review the balance of public interest favoured withholding the information requested—the overall public interest was better served in allowing the Special Committee to complete its review in an orderly mannerRequest for Court Registrar’s report
Case notesReport on aborted trial released with deletions—‘free and frank expressions of opinion’ by Registrar—no public interest overrideRequest for quotation submitted by a Government Department
Case notesRequester sought quotation information—amount apportioned by the department as royalties and copyright charges formed part of the department’s marketing and pricing strategy within a competitive market—also in circumstances of this case release of quotation would enable a calculation of how the quotation was made upRequest for price of successful tender to supply medical product
Case notesNo unreasonable prejudice—public interest in release to promote integrity and transparency of tender processRequest for amounts paid to private sector consultants for asset sale advice
Case notesRequest for amounts paid to private sector consultants for asset sale advice—initially refused under ss 9(2)(b)(ii) and 9(2)(j)—not possible to deduce individual fee structures or methodology from the information at issue—s 9(2)(b)(ii) did not apply—information at issue would be, at most, of a background nature (since it related to a different transaction) and was at a high level of generality—s 9(2)(j) did not apply—while the information might be considered by firms in deciding whether to pitch a proposal for a particular advisory contract, s 9(2)(i) not satisfied—argument that disclosure may result in a reduction in number of advisors willing to undertake Government work not persuasive due to the vigorous competition for the contracts—strong public interest in release to permit scrutiny of the level of expenditure and questions to be asked about the use of advisers and the decisions that have been taken