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.
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33 Resources Show all
Request 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 affidavits relied on to establish diagnosis of Fetal Alcohol Spectrum Disorder
Case notesSection 9(2)(a) OIA applied—strong privacy interest in information about childhood, family life and health—privacy interest not extinguished by prior disclosure of certain information in court—no public interest overrideRequest 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 applyMinistry of Social Development’s decision not to review student allowance application
Case notesThe Ministry of Social Development refused an application for a student allowance and on review, concluded that the application should not proceed—Chief Ombudsman concluded that the decision to review the application as an administrative review (rather than a statutory review pursuant to section 305 of the Education Act 1989), was unreasonable—Ministry agreed to reconsider the application under the Education Act 1989Request 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 communications between Chief of Defence Force and Prime Minister
Case notesMP requested information on the restructuring of the NZDF—two letters from the Chief of Defence Force to the Prime Minister regarding draft reports withheld under s 9(2)(g)(i)—distinction between substantive comment about draft reports and minor editorial suggestions—substantive comments were recordings of Chief of Defence Force’s free and frank discussions with Prime Minister—part of Chief of Defence Force role is to advise Prime Minister but he would not have reduced comments to writing if he had thought they would be made public—free and frank comments needed to maintain constructive working relationship with Prime Minister—s 9(2)(g)(i) applied to substantive comments but not to remaining informationRequest for information about an inmate’s whereabouts and rehabilitation programmes
Case notesWritten submission to Parole Board on potential release of an offender—submitter advised that inmate entitled to have access to her submission—submitter sought information about the inmate’s whereabouts and rehabilitation programmes—s 9(2)(a) applied—Department had already provided the requester with general information about types of courses and rehabilitation programmes available to inmates which met the public interest—In future Parole Board should advise persons making submissions that they could request that personal details be withheld from offender to protect their privacyRequest for details of expenditure by University for private residence of senior staff member
Case notesRequest for details of expenditure by University for private residence of senior staff member—request refused to protect privacy—privacy interest existed and needed protection—public interest in University being held accountable for expenditure of public money—balance of competing interests best met by release of approximate value of items purchased, together with contextual statement giving background information about the purchaseRequest for early stage policy advice relating to paid parental leave
Case notesRequest for information relating to paid parental leave policy—information withheld to maintain collective ministerial responsibility, protect confidentiality of advice and free and frank exchange—in the circumstances no good reason to withholdRequest for minute from Chief of Air Staff to Chief of Defence Force
Case notesRequest for minute from Chief of Air Staff to Chief of Defence Force regarding return of aircraft to Samoa to uplift a civilian passenger—minute contained free and frank expressions of opinion—factual information and summary of opinions released—manner in which opinions expressed particularly frank—s 9(2)(g)(i) applied—public interest in release satisfied by release of summaryMinistry of Social Development has no authority to require beneficiary to appoint agent
Case notesIlliterate beneficiary preferred to communicate verbally, frequently and often vociferously—the Ministry arranged for beneficiary’s solicitor to become agent—Ombudsman sought advice from Ministry as to authority it was relying on to request appointment of an agent—the Ministry confirmed there was no specific legislative authority— Ombudsman formed view that requirement unreasonable—complainant revoked agency and dealt directly with Ministry againRequest 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)Department 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 unreasonableNew Zealand Customs Service questioned over acceptance of deposit pursuant to legislation
Case notesRefusal to pay interest following resolution of dispute over Customs value of goods—whether relevant documentation provided at the time of importation—whether s 140 of the Customs Act 1966 (repealed) conferred authority on Department to take deposit—investigation discontinued following discovery that company did not exist as legal entity at the time complaint was madeDepartment 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)New Zealand superannuation commences on day application received
Case notesNew Zealand superannuation surcharge—timing of application for superannuation—superannuation payable from day application received—Income Tax Act 1994, s OB 1, Social Welfare (Transitional Provisions) Act 1990, ss 3 and 5Department 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 membership lists submitted by political parties registered with the Electoral Commission
Case notesRequest for membership lists submitted by political parties registered with the Electoral Commission—request refused under s 9(2)(a)—New Zealanders generally regard support for a particular political party as a matter of personal privacy—s 9(2)(a) applied—in the absence of any argument that the Commission was not discharging its statutory functions in a reasonable manner, there was no case for wider disclosure of membership lists in the public interestRequest 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 withholdRequest from journalist for psychological state of deceased inmate
Case notesRequest from journalist for psychological state of deceased inmate—information withheld under s 9(2)(a)—information released to next of kinRequest for address list of members of university council
Case notesRequest for address list of members of university council—addresses withheld in reliance upon s 9(2)(a)—some members did not wish disclosure of private addresses—privacy accepted in those cases—public interest in members of the public being able to communicate directly with the elected members of the university council—public interest met by university undertaking to forward correspondence addressed to council members at the university