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Guides
Commonly used guides include:
- The OIA for Ministers and agencies
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- Making official information requests: a guide for requesters
Detailed guidance on the official information legislation and aspects of good administrative practice.
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These template letters and work sheets can be used by agencies to help respond to official information requests.
26 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 coEarthquake Commission’s interpretation of the Earthquake Commission Act 1993 regarding swimming pool building not unreasonable
Case notesWhether the Earthquake Commission was unreasonable to decline compensation for damage to the pool house enclosing a swimming pool at a Christchurch property—Ombudsman concluded EQC’s decision was not unreasonableRequest 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.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 prescriptiveImmigration New Zealand’s decision to issue Deportation Liability Notice unreasonable in circumstances
Case notesImmigration New Zealand (INZ)’s decision to issue a Deportation Liability Notice (DLN) was unreasonable—compliance officer inferred situation that complainant was then not given an opportunity to explain—Ombudsman sustained complaint—INZ restored immigration status to complainant with open conditionsRequest 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 disclosureRequest for staff named in emails about genetically modified corn
Case notesSection 6(d) OIA did not apply—no real and objective risk of danger to safety—s 9(2)(g)(ii) OIA did not apply—many of the names were already publicly available in connection with this issue and no harm had ensued—section 9(2)(g)(i) OIA did not apply—infRequest for public submissions on draft standard
Case notesMembers of the public with a vested interest in developing standards would not be deterred from expressing their opinions in futureRequest for report on DHB governance issues
Case notesDisclosure of report at time of request would have inhibited expression of free and frank opinions by officials—but passage of time and change in circumstances had diminished the likelihood of such prejudice—senior public servants would not be inhibited from expressing free and frank opinions in futureImmigration New Zealand’s advice to Associate Minister of Immigration unreasonable
Case notesImmigration New Zealand (INZ)—misleading and inadequate advice provided to Associate Minister of ImmigrationImmigration New Zealand officials’ poor record keeping resulted in unreasonable intervention in appeal process
Case notesImmigration New Zealand (INZ)—incorrect advice given to complainant based on misunderstanding of complainant’s situation—misunderstanding caused by lack of proper record keeping by INZ—failure to refer complainant to her legal advisor before she made a significant change to her immigration situation—removal order cancelled, person returned to NZ with ongoing permitsImmigration New Zealand unreasonable to stamp decline in passport
Case notesImmigration New Zealand unreasonable to stamp passport to show application was declined when no legal authority for this practiceDepartment of Internal Affairs accepts process cancelling citizenship managed unreasonably
Case notesComplaint about decision of Department of Internal Affairs (DIA) to de-register complainant’s NZ citizenship by descent - complainant adopted in India by uncle who was NZ citizen - adoption considered to be a ‘recognised overseas adoption’ and complainant was registered as a citizen by descent in October 2002Immigration Service allows refugee status claimants to record refugee claimant interviews
Case notesRefugee status claim—refusal to permit tape-recording of interview—practice based on need to preserve confidentiality and potential for recording to intimidate, unsettle or distract claimant—concerns not applicable where claimant requests recording—recording permittedNew Zealand Immigration Service must provide opportunity to comment on potentially prejudicial information
Case notesApplication for extension to visitor’s permit—application declined on basis of an assumption about the applicant—assumption prejudicial to applicant—applicant entitled to opportunity to comment on prejudicial information before decision—NZIS agreed to review applicationDepartment 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 names of ‘eminent New Zealanders’ consulted during preparation of Intelligence and Security Agencies Bill
Case notesRequest for names of ‘eminent New Zealanders’ who were part of the consultative process in preparing the Intelligence and Security Agencies Bill—request refused under s 9(2)(g)(i) —individuals consulted—in respect of those who advised that disclosure would inhibit them from giving free and frank advice to the Government in future, section 9(2)(g)(i) applied—need to withhold outweighed by countervailing public interestPrison unnecessarily holds inmates in secure unit
Case notesPlacement of minimum secure inmates in maximum security conditionsEarthquake Commission not required to cover buildings under construction in the event of a landslide
Case notesEarthquake Commission and Insurer both decline cover for half-built structure on private property, damaged following a landslide—still being under construction meant the building was not being used for its intended purpose and EQC’s decision in this respect was correct—Ombudsman advised that the complainant could refer the matter back to the insurer for a reconsideration and the Insurer in this case took a liberal view of what had been an unusual event and settled the claim—case indicates the need to obtain cover for landslip while a building is under constructionRequest for communications between Minister of Finance and the Reserve Bank
Case notesRequest for communications between Minister of Finance and the Reserve Bank regarding economic growth, monetary policy and inflation outlook—information withheld under ss 6(e)(iv), 9(2)(d), 9(2)(f)(iv) and 9(2)(g)(i)—markets are extremely sensitive and react to the most subtle signals—if released, Reserve Bank would be likely to become more guarded about what was said at, and recorded after, meetings with Minister—s 9(2)(g)(i) applied and no countervailing public interest considerations which outweighed need to withhold