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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.
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This includes our official information complaints data, updates on investigations and other projects, and submissions by the Ombudsman.
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Template letters and work sheets
These template letters and work sheets can be used by agencies to help respond to official information requests.
30 Resources Show all
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.Request for information about ERO review
Case notesSection 9(2)(ba)(i) OIA applied to information obtained from participants in review—express obligation of confidence—release would be likely to prejudice the future supply of information by participants—it is in the public interest for ERO to receive coRequest for information about staff grievances and allegations of bullying
OpinionsSam Sherwood, on behalf of Stuff, made a request to Selwyn District Council for information about staff grievances and allegations of bullying.Request for draft report prepared by PwC on Auckland Stadium
Case notesReport refused because it was in draft form and commercially sensitive—parts of report withholdable however no basis for blanket withholding—strong public interest in release of report in partReport 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.Request for draft guidelines on religious instruction and observance in schools
Case notesOfficials still in the process of drafting—premature disclosure in advance of the planned public consultation process was not in the overall public interestReport 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.Declined request for dispensation regarding school Transport Entitlement Zone
Case notesA family asked the Board of Trustees (the Board) of School A for dispensation to allow their child to access bus services to attend School B.Request for draft reports prepared by EY on Information Services
Case notesDraft reports were in fact final reports—some information publicly available—negotiations had been concluded—neither s 7(2)(c)(ii) nor s 7(2)(i) apply—significant public interest in release to promote transparency of Council’s decision making processes and accountability for expenditure of ratepayer moneyDepartment 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 prescriptiveRequest for Skypath business case and procurement plan
Case notesReleasing business case and procurement plan would unreasonably prejudice the commercial position of the private partner in a public private partnership—withholding strengths and weaknesses of negotiating position necessary to enable Council to carry on negotiations without prejudice or disadvantage—ss 7(2)(b)(ii), 7(2)(c)(i), 7(2)(i) applyRequest for draft internal review of International Visitor Survey
Case notesInternal review still in draft form—redacted comments comprised preliminary views of individual within agency—s 9(2)(g)(i) applied—no overriding public interest in disclosureTraining Institution fails to adequately address a complaint about its course
Case notesWhether a training institution failed to address a complaint made by a student—Ombudsman found the institution’s appeals and complaints processes to have been inadequate—the institution accepted the finding and agreed to re-hear the appeal and then refunded the complainant’s course fees in resolution of the complaintRequest for CAA investigation report on Minister’s airport security breach
Case notesSection 9(2)(a) OIA applied to information that would identify Minister’s staff—s 9(2)(a) did not apply to non-sensitive information about actions that occurred in a public place, or to the name of the Investigator—s 6(c) did not apply to information suRequest for draft terms of reference for an inquiry
Case notesDraft terms of reference largely the same as publicly available final ones—release would not inhibit the future free and frank expression of opinion or provision of advice to the Prime Minister—s 9(2)(g)(i) did not applyRequest for evaluation and audit reports regarding extended supervision orders
Case notesEvaluation report comprised largely academic material and statistical analysis—9(2)(g)(i) did not apply—audit report had been submitted to senior management but marked as draft—disclosure of majority not likely to prejudice future exchange of free and frank opinions—significant public interest considerations in favour of disclosure—audit report released with deletion of names and detailed findings relating to individual service providersRequest for briefing notes relating to state visits
Case notesInspection on conditions in order to identify the documents required provided means of resolving s 18(f) refusalRequest for DHB Commissioner’s draft work plan
Case notesRelease of draft work plan would likely result in reluctance by staff to draft and consult on document—components of plan, once confirmed, were to be included in the 2016/17 annual plan—s 9(2)(g)(i) provided good reason to withholdRequest for draft financial performance analysis
Case notesDraft financial performance analysis prepared by Alma Consulting—s 9(2)(g)(i) did not apply— strong public interest in releaseRequest 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 inhibitedRequest for draft answers to parliamentary questions prepared by Police staff
Case notesSection 9(2)(g)(i) applied—release would prejudice the free and frank expression of similar communications in future—no public interest overrideRequest for comments on early draft cabinet papers
Case notesRequest for documents regarding Kyoto Protocol—information contained initial Treasury comments on draft versions of cabinet paper—part of informal consultation early in policy making process—concern that release would result in officials being less co-operative and formalise the process—withholding necessary to maintain effective conduct of public affairsDepartment 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 madeBoard of Trustees fails to follow principles of natural justice at disciplinary hearing for expelled student
Case notesStudent excluded after initially caught hiding stolen property—at the disciplinary hearing the exclusion decision not based on this incident due to lack of evidence but on history of misdemeanours—parents complained that due process had not been followed in disciplinary process—Ombudsman found that at the disciplinary hearing by school the student had no reasonable indication that the student would be answering to an allegation of continual disobedience—complaint about Board of Trustees’ process sustained and Ombudsman recommended apology, reinstatement of student, and removal of exclusion from student’s records—the Board refused to act on recommendations although the student reinstated for other reasonsDepartment 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 guidelinesRequest 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 overrideSchool Board suspends 14 year old contrary to law
Case notesA 14 year-old boy suspended for an unspecified period—contrary to law—student later allowed back to school twice more—the Board ‘reinstated’ the suspension twice more when the student’s behaviour deteriorated—under the Education Act the Board must specify the period of suspension—as this was not done, the suspension expired after 7 days and therefore, could not be ‘reinstated’ at a later time—the Board agreed to review its suspension and expulsion procedures to bring them in line with the requirements under the Act