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.
36 Resources Show all
Request for tender submissions to replace jetty at Philomel Landing
Case notesRelease of tenderers’ pricing strategy would give an unfair advantage to their competitors and unreasonably prejudice their commercial position—s 9(2)(b)(ii) OIA applies—release would make tenderers reluctant to provide as much detail about their design specifications in future— s 9(2)(ba)(i) applies—it was in the public interest for NZDF to receive full and detailed submissions as this would otherwise undermine its ability to make an informed decision on the best tenderer to award a contractEarthquake Commission’s handling of a claim unreasonable in the circumstances
Case notesWhether the Earthquake Commission (EQC) had handled a claim for drapes and carpets in a reasonable manner—Chief Ombudsman found aspects of EQC’s handling of the matter to have been unsatisfactoryRequest 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 successful tenderer’s proposal
Case notesRelease would reveal successful tenderer’s marketing strategy which would unreasonably prejudice its commercial position— s 9(2)(b)(ii) applies—public interest met by disclosure of tender scores and minutes of evaluation panelLocal Authority provided unreasonable advice regarding its investigation process
Case notesWhether the Local Authority (District Council) reasonably provided advice to complainant regarding an investigation it was undertaking into a Code of Conduct complaint—Ombudsman of the view that the Council erred in this respectRequest 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 releaseLocal Authority not unreasonable to enforce pool fence requirements despite previous decisions
Case notesLocal Authority previously allowed existing fence of swimming pool—new inspection revealed old decisions wrong—complainant considered change unfair—Ombudsman concluded Council entitled to insist on regulationsRequest for copy of reviewers’ training manual
Case notesInformation was not a trade secret—although FairWay was engaged in commercial activities, it was not clear how disclosure would prejudice or disadvantage those activities—the manual was largely in the public domain, and there was little prospect of competition—ss 9(2)(b)(i), 9(2)(i) do not applyInformation fault lines: accessing EQC information in Canterbury
Systemic investigationsA joint report of the Chief Ombudsman and the Privacy Commissioner into the Earthquake Commission's handling of information requests in Canterbury.Request 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 requeLocal Authority not unreasonable to impound horse found untethered on road reserve
Case notesWhether a local authority was unreasonable to impound a horse found untethered on a road reserve—Ombudsman concluded the Regional Council acted reasonably in the circumstancesDepartment 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 partEarthquake Commission not unreasonable to decline payment for engineering reports commissioned by property owner
Case notesWhether it was reasonable for EQC to decline payment for two engineering reports—Ombudsman considered that EQC had not acted unreasonably in this respectLocal Authority unreasonably issued Trespass Notice without warning or opportunity to comment
Case notesLocal Authority issued a 2-year trespass notice on complainant immediately in response to disruptive behaviour at a meeting—Ombudsman of opinion that this was unreasonable—no prior warning given firstLocal Authority fails to independently assess affected parties to a resource consent application
Case notesLocal Authority failed to independently identify the parties affected by a resource consent application—applicant had provided Council with a list of affected parties which the Council accepted without independently identifying those partiesLocal Authority unreasonable to note requirement for fencing on LIM without inspection
Case notesWhether Local Authority reasonable to include information on Land Information Memorandum (‘LIM’) when property had not been properly inspected—Ombudsman found the Council had no justification for including notation on the LIM and action unreasonableRequest 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 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 process