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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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Template letters and work sheets
These template letters and work sheets can be used by agencies to help respond to official information requests.
24 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 coRequest for corporate culture information contained in bus tender submissions
Case notesCompetitors could use the information to compare and refine their own submissions, potentially reducing the successful tenderers’ competitive advantage in future tender rounds—this would be likely unreasonably to prejudice the commercial position of the successful tenderers— s 7(2)(b)(ii) applies—public interest in accountability for the Council’s decision required release of a summary statementRequest for business plan for Christchurch Convention and Exhibition Centre
Case notesCompetitors could copy or adopt third party’s methodology and strategy and devise plans based on its established operating systems which would unreasonably prejudice its commercial position—information subject to an explicit obligation of confidence and of a confidential nature—release would damage the public interest by making suppliers reluctant to participate in future procurement processesRequest 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 partRequest for cost of digital and touch wall at new Christchurch Library
Case notesRelease would undermine supplier’s negotiations with other buyers which would unreasonably prejudice its commercial position—public interest in disclosure of information regarding Council expenditure outweighs withholding interestReport 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 interestRequest for cost of fees paid to a law firm
Case notesRelease of total fees would not unreasonably prejudice third party’s commercial positionReport 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 expenditure on goods and services provided by Palantir Technologies
Case notesRelease of total cost would not unreasonably prejudice third party’s commercial position—public interest in accountability for spending public moneyRequest 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 prescriptiveRequest 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 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 requeDepartment 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 partRequest for name of food outlet in outbreak of food poisoning
Case notesRequest for name of food outlet implicated in outbreak of food poisoning in circumstances where the class of outlet had received publicity—health authority satisfied with remedial measures taken—information withheld on grounds of commercial prejudice—identification and assessment of countervailing public interest considerations favouring disclosureDepartment of Corrections failed to meet requirements before placing inmate in restrictive regime
Case notesDepartment of Corrections placement of inmate on restrictive regime designed for the most disruptive inmates unreasonable because criteria for placement not met—placement deemed unreasonable—inmate immediately returned to mainstreamDepartment of Corrections applies prison visiting rules too rigidly
Case notesSpecial family visit to inmate denied—decision contrary to Department's national standard—prison agreed to review its local instructions to ensure consistency with spirit and intent of national standardDepartment of Corrections delays prisoner release when segregation order expired
Case notesDelayed release from ‘precautionary segregation’—complaint upheld—implementation of computerised bring-up system to avoid recurrence of problem—no recommendation necessaryRequest 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