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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.
We also have guidance on disability rights and protected disclosures.
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Case notes are a short case summary, often demonstrating an aspect of a case.
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These template letters and work sheets can be used by agencies to help respond to official information requests.
32 Resources Show all
Report on an unannounced follow-up inspection of Arohata Prison
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.Report on an unannounced follow-up inspection of Manawatu Prison
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.Report on an unannounced follow-up inspection of Rolleston Prison
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.Report on an unannounced inspection of Christchurch Men's Prison
OPCAT reportsChristchurch Prison is one of New Zealand’s larger prisons, and the largest in the South Island.Request for fisheries catch reports
Case notesSection 9(2)(ba)(i) OIA applied—information compelled under an enactment—difficulties in monitoring compliance meant there was a strong reliance on accurate self-reporting—release would be likely to prejudice the future supply of accurate information frReport on an unannounced inspection of Spring Hill Corrections Facility
OPCAT reportsSpring Hill Corrections Facility (the Prison) opened in 2007. The Prison accommodates male prisoners with security classifications ranging from minimum to high, as well as a growing remand population. Currently, it has an operating capacity of 1038.Request 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 checksReport on an unannounced inspection of Hawke's Bay Regional Prison
OPCAT reportsHawke’s Bay Regional Prison was opened in 1989. The Prison accommodates male prisoners with security classifications ranging from minimum to high, as well as a growing remand population.Request 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 releasedDepartment of Corrections unreasonably declines computer access to inmate
Case notesAccess to computer suite in prison denied—Ombudsman found this unreasonable—Corrections agreed to reconsider the inmate’s request and to review criteria for use—also that computer facilities at prison be reviewed to ensure availability to prisoners who meet criteria for assistance with litigationDepartment of Corrections not unreasonable to decline face to face interview between prisoner and journalist in particular case
Case notesPrisoner requested face to face interview with journalist—request declined—Ombudsman noted journalist had offered to conduct interview by AVL, notwithstanding preference for face to face—Ombudsman concluded that on this basis Department had not acted unreasonably in this instanceLocal authority events funding
Official informationThis guide sets out principles applying to requests for information about events funding by local authorities, including the reasons for withholding and the public interest in release.Request for draft audit report in relation to hospice
Case notesAudit still in process and at the draft reporting phases—s 9(2)(ba)(i) and 9(2)(ba)(ii) provide good reason to withhold—limited distribution of confidential drafts for comment has long been considered a sound administrative practice in the public sector—public interest met through disclosure of final audit reportInvestigation of the Department of Corrections in relation to the provision, access and availability of prisoner health services
Systemic investigationsThis own motion report, unlike others we have undertaken, did not arise from specific incidents within the prison system, nor from the number of complaints we receive from prisoners. Our investigation has identified that prisoners have reasonable access to Health Services and generally they receive healthcare equivalent to members of the wider community. However, the service is not without its problems and in the future, it may not be able to meet the healthcare needs of such a diverse population effectively.Request for investigation report relating to a personal grievance
Case notesSections 9(2)(a) and 9(2)(ba)(i) and (ii) OIA applied—privacy and confidentiality in employment context—express obligation of confidence to parties and other contributors—release would be likely to prejudice the future supply of information needed to deRequest for online discussion group messages
Case notesSection 9(2)(ba)(i) OIA applied—express obligation of confidence—release posed a real and substantial risk that the Ministry would be denied ongoing access to the New Zealand Tobacco Control Action Network—ongoing access was in the public interest becauRequest for ‘without prejudice’ communications
Case notesSection 7(2)(c)(ii) LGOIMA applied—obligation of confidence in respect of ‘without prejudice’ communications exchanged in an attempt to settle a legal dispute—release would be likely to damage the public interest in encouraging parties to settle their dRequest for information about an employment investigation (personal grievance)
Case notesPrivacy and confidentiality grounds apply but need for accountability when things go wrong— seniority of the individuals involved—extent of information in the public domain—other means of scrutiny and regulation—third party review satisfied the public interest in this caseRequest for information about employment investigation involving misuse of letterhead by Police officer
Case notesSections 9(2)(a) and 9(2)(ba)(i) OIA applied—privacy and confidentiality in employment context—withholding necessary to protect the officer’s privacy—express or implied obligation of confidence—release would be likely to prejudice the future supply of iRequest for information about an employment investigation (withholding grounds)
Case notesPrivacy and confidentiality grounds applied—need for accountability when things go wrong— extent of information in the public domain—need to provide the ‘full picture’—nature and seriousness of the wrongdoing¬—whether other means of scrutiny or regulation—release of summary information to satisfy public interestSubmission of the Ombudsmen - Corrections Amendment Bill
SubmissionsWe had a limited opportunity to comment on the draft Corrections Amendment Bill (the Bill) and some amendments were made as a consequence of our submissions. However, there remain other matters which concern us.Department of Corrections required to review process for media contact with inmates
Case notesAccess to prison inmates by the news media—conflict between procedural manual and communications policy—policy to be reviewed to ensure consistency with proceduresDepartment of Corrections protocol with Ombudsman regarding death in custody
Case notesDeath in custody—application of Protocol between Department of Corrections and Office of the Ombudsmen—issues arising from monitoring departmental investigation—need for improved communication, videotaping, fire safety and emergency proceduresRequest for information relating to candidacy for Director-General of World Trade Organisation
Case notesRequest for specific information relating to Rt Hon Mike Moore’s candidacy for Director-General of the World Trade Organisation—request declined under s 6(a)—release would be likely to prejudice New Zealand’s international relationsRequest for details of compensation for breach of privacy
Case notesRequest for details of compensation for breach of privacy—obligation of confidence—interest in withholding not outweighed by public interest considerationsRequest for review report prepared for tertiary institution
Case notesRequest for review report prepared for tertiary institution—information refused in order to protect privacy, obligation of confidence, and free and frank expression of opinion—consideration of University’s enforcement of an obligation of confidentiality upon itself—reasoned and well informed comment does not constitute free and frank expression of opinion—Act does not provide for class approach to documents—individual privacy not at issueRequest for access to an application for an anti-dumping investigation
Case notesRequest for application for the initiation of an anti-dumping investigation—request refused in reliance upon s 6(a)—consideration of New Zealand’s obligations as a member of the WTO—Article 5.5 of the WTO Anti-Dumping Agreement—Dumping and Countervailing Duties Act 1998—prejudice to New Zealand’s international relations would be likely to occurRequest for report of interviews
Case notesRequest for report of interviews—interviews conducted subject to obligation of confidence except to extent information provided might be used for prosecution purposes—report not admissible in evidence—public interest in contents met by details disclosed in public trialDepartment 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 submissions made by ‘interested parties’ on Preliminary Accident Report
Case notesRequest for submissions made by ‘interested parties’ on Preliminary Accident Report— request refused under s 9(2)(ba)(i)—obligation of confidence established—‘Interested parties’ would be likely to be less forthcoming if they knew there was a possibility their comments would be made available to the public—s 9(2)(ba)(i) applied and not outweighed by public interest factors—requirements of natural justice already met—inquisitorial nature of Commission’s investigations