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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.
38 Resources Show all
Request for agency peer review of Family Violence Death Review Committee draft annual report
Case notesRelease of free and frank comments made in the context of peer reviewing a draft annual report would inhibit the expression of similar comments in future—s 9(2)(g)(i) appliedRequest for names of staff involved in sending email to parents about Pink Shirt Day
Case notesSection 9(2)(a) OIA applied—correspondence with the requester and information supplied by the New Zealand Police suggested the requester would approach the staff outside of the official complaints process, and may have behaved in an abusive and threatenRequest for due diligence report, site visit reports and reference checks
Case notesSection 9(2)(ba)(i) applies in part to the due diligence report and to the correspondence from supplier—public interest in accountability of Department for steps taken to satisfy itself regarding supplier’s performance—sections 9(2)(ba)(i) and 9(2)(g)(i) apply to information obtained from site visits, but not to the executive summary of the reports—public interest in accountability for decision to award contract—sections 9(2)(ba)(i) applies to reference checks—release would deter referees from providing full and complete information in future—public interest requires release of summary information about the reference checksCancellation of transport card and refusal to refund money stored on the card
Case notesA complaint was made against Auckland Transport (AT) about its cancellation of an ‘AT HOP’ card used by commuters on Auckland’s public transport system.Request for names of guests invited to Mayor’s Christmas function
Case notesSection 7(2)(a) LGOIMA applied—low privacy interest in the names of the guests—as guests were representatives of local businesses or other organisations the information was more about their public lives than their private ones—the function was a publicRequest for information about decision to grant diversion
Case notesSection 9(2)(a) OIA applied—withholding necessary to protect highly private details of alleged offender’s personal life—public interest in accountability for the Police decision to grant diversion in contentious circumstances required disclosure of summRequest for approved codes of ethical conduct for animal testing
Case notesSection 9(2)(ba)(i) OIA did not apply—25 of 26 code holders had voluntarily released their codes—no obligation of confidence—release of ‘benign’ information would not be likely to prejudice the future supply of similar information—information releasedRequest for draft job sizing reports
Case notesReports formed an early stage of developing options for consideration and consultation— disclosure would likely inhibit the willingness of officials and consultants to tender a wide range of preliminary options, and to canvass issues in comprehensive written form, to the detriment of prudent and effective decision makingLocal Authority’s efforts to mitigate effects of resource consent errors not unreasonable
Case notesLocal Authority decision about wall constructed on boundary—Council erred by not requiring resource consent and then offered assistance to owners to lodge application—complainant considered Council unfair not to offer assistance to him to oppose the consentLocal Authority’s Code of Compliance Certificate on drainage reasonable in circumstances
Case notesLocal Authority decision on detection of cross connection piping problem not unreasonable—Body Corporation of building forced to pay costs—question whether Code of Compliance Certificate should have been issued—Ombudsman concluded Council not aware of problemRegional Authority decision on resource consent for pergola on non-notified basis not unreasonable
Case notesRegional Authority’s decision to grant resource consent for a pergola on a non-notified basis was reasonable in the circumstance—permitted baseline test under section 95E of the Resource Management Act 1991Local Authority’s Trespass Notice unreasonable in circumstances
Case notesLocal Authority issued Trespass Notice for two years at sports stadium—Ombudsman noted serious misconduct on part of complainant to warrant action but trespass sanction extreme—complaint sustained and Council implemented Ombudsman’s recommendationsLocal Authority did not act unreasonably in remedying damage following tree removal
Case notesLocal Authority—removal of two pohutukawa trees—Council agreed to mitigate loss of these in conjunction with the land owner—Ombudsman considered Council did not act unreasonablyRequest for details of course attended by prisoner
Case notesRequest for details of course attended by prisoner—information withheld on privacy grounds—seriousness of offence did not extinguish right to privacy—studying was essential component of rehabilitation—public interest met by disclosure of tertiary institution and circumstances of attendanceRequest for still photograph from covert surveillance camera
Case notesRequest for still photograph from covert video surveillance camera—person featured in videotape convicted of offence—privacy interest not outweighed by any countervailing public interest favouring disclosureRequest for psychiatric records of deceased sister
Case notesRequest for psychiatric records of deceased sister—records included notes from medical professionals and family members—privacy established—public interest considerations outweighed need to withhold all informationRequest for information about staff and salaries in the Prime Minister’s office
Case notesRequest for detailed information about the number of persons in the Prime Minister’s office and their salaries—information withheld to protect privacy of individuals—s 9(2)(a) applied to protect some of the information requested but public interest identified in release of worthwhile information about expenditure on personnel in PM’s office—total expenditure released—s 9(1)Request made by employer to WINZ for information about employee
Case notesRequest made by employer to WINZ for information about employee—request refused on privacy grounds—information required for Employment Tribunal hearing—no countervailing public interest considerations outweighing need to withholdRequest for information relating to the employment investigation of Unit Manager at Prison
Case notesRequest for information relating to employment investigation of Unit Manager at Prison—information withheld on privacy and confidentiality grounds—information at issue protected, subject to release of appropriate summaries of this information to satisfy the public interest in accountabilityRequest for details of late husband’s criminal record
Case notesRequest by widow for details of late husband’s criminal record—request declined to protect privacy of deceased person—balance between requester’s circumstances and knowledge of late husband’s criminal record and deceased person’s privacy interests—consultation with Privacy Commissioner—information releasedRequest for details of address of incorrect recipient of parcel
Case notesPhotographic work sent to wrong address by Creative New Zealand—recipient disposed of parcel—photographer sought information concerning loss—privacy interests of name and address of recipient—public interest in photographer having all relevant information to enable legal rights to be assessed outweighed privacy interestRequest 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)Council property sale conducted but complainants not advised about status of their objection petition
Case notesCouncil resolved to sell property of historic significance and occupants petitioned Council to reverse its decision—Council referred petition to committees for consideration and report but before reports completed, concluded the sale of property—the occupants complained of failure of Council to follow due process (failure to report) but failure did not mean complaint could be sustained—however procedural shortcomings acknowledged by Council and apology extended to complainantLocal Authority fails to follow legislative procedures when setting fee for dog registration
Case notesLocal Authority imposes Dog Control Fees by resolution of Committee—there is a requirement for resolution of territorial authority to take particular matters to be taken into account under the Dog Control Act 1996, s 37 and Local Government Act 1974, s 114Q—Council failed to follow legislative procedures when setting registration feesDistrict Council not unreasonable to retain credit balance in rates account
Case notesEarly payment of rates—credit balance in rates account— whether local authority has obligation to make refund on requestLocal Authorities must comply with LGOIMA intent when setting rules
Case notesA Deed of Confidentiality was distributed to Councillors for signature, with the aim to protect information relating to the Council’s business and affairs—Councillor was concerned that signing the document would conflict with the intentions under the Local Government Official Information and Meetings Act 1987 (LGOIMA) and also that Councillors who don’t sign would have restrictions on information they received—Ombudsman ruled that under LGOIMA, a Council may not put rules in place which are inconsistent with the Act and Councils cannot withhold information from Councillors who have not signed that confidentiality agreementDistrict Council accepts wider interpretation of ‘household’
Case notesImposition of two sewer charges—whether complainant’s mother part of the ‘household’— interpretation of Rating Powers Act 1988, s 30Local Authority required to ensure potable water condition meets standards
Case notesComplaint about potable water condition of subdivision consent where supply did not meet requirements under New Zealand Drinking Water Standards 1984 (revised 2005 and 2008)—Ombudsman found local authority failed to interpret data correctly before issuing resource consent on the subdivision—the water quality was substandard and the local authority provided incorrect advice about improving the quality—the local authority was required to compensate the complainants who had to obtain potable water from another sourceCity Council not required to consider legal costs regarding enforcement order
Case notesClaim for reimbursement of legal costs incurred obtaining an Enforcement Order—Court awarded costs—insufficient to cover full costs—co-operation between complainant and City Council prior to proceedings—costs not covered in agreement—claim not upheldCouncil accepts practical solution to resolve concerns about building consent
Case notesBuilding consent for garage—garage constructed to wrong plans—Council issues notice to rectify—retrospective consent granted—withdrawal of notice to rectifyCommunity Boards fall under Ombudsmen jurisdiction if decision(s) made other than by Committee as a whole
Case notesJurisdiction—Community Board—decisions of full Board outside jurisdiction—scope of jurisdiction limited to acts or decisions of committees, subcommittees, officers, employees or members of Board—Ombudsmen Act 1975, s 13(1) and (2)City Council offers partial rebate for charge on excess water usage
Case notesExcess water usage charges—local authority policy on rebates—partial or full rebate—hidden leakage