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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.
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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.
19 Resources Show all
Request for information about volunteer rural constabulary programme
Case notesSection 9(2)(f)(iv) OIA applied to briefing from New Zealand Police to Minister—negotiations between coalition partners were still required, and disclosure would have prejudiced the orderly and effective conduct of the Government’s decision making proceDecision to implement locked cell policy
Case notesComplaint about the negative effects of implementing a locked cell policy in the Kaaka North and South pods at Northland Region Corrections Facility – Chief Ombudsman found that the implementation was unreasonable – the significant consequences (lack ofRequest for information about death in custody
Case notesRequest for all correspondence about death in custody—unreasonable to rely on sections 9(2)(a) and 9(2)(ba)(i) without compiling and reviewing the information—subsequent reliance on section 18(f) (substantial collation or research) also unjustified—Report on complaints arising from aerial spraying
Systemic investigationsIn June 2003 I received complaints from Ms Jane Schaverien, then of Auckland but now of Wellington, to investigate under the Ombudsmen Act 1975 the question whether the information given to Ministers by the Ministry of Agriculture and Forestry was inadequate regarding the possible dangers associated with the widespread concentrated use of Foray 48B in West Auckland, and in relation to the Ministry of Health, whether the Ministry had failed to pursue its responsibilities under the Health Act, 1956, or had abdicated those responsibilities in favour of the Ministry of Agriculture and Forestry. In September 2003 I received a complaint from a Hamilton resident, Ms Michelle Rhodes, in generally similar terms regarding the Ministry of Agriculture and Forestry. These complaints arose from the aerial spraying operations carried out on behalf of the Ministry of Agriculture and Forestry in West Auckland to eliminate the Painted Apple Moth, and in parts of Hamilton to eliminate the Asian Gypsy Moth. In relation to West Auckland these operations began on a comparatively small-scale in January 2002, they were continued on a much larger scale through to May 2003, and were finally completed in May 2004.Report on issues involving the criminal justice sector
Systemic investigationsThe following is my report consequent on a reference directed to me by the Prime Minister to investigate the administration of the criminal justice system. The Terms of Reference directed to me are attached as Appendix A. By agreement the reporting date was extended to 1 December 2007. I note that my report is to be tabled in Parliament. My investigation has been conducted in accordance with the provisions in the Ombudsmen Act 1975.Request for draft report on Department of Labour internal controls prepared by KPMG
Case notesDocument labelled ‘draft’ really a final—author was a consultant who would not be deterred from expressing free and frank opinions in future—s 9(2)(g)(i) does not applyCharge for supply of information about Maori interests in the management of petroleum
Case notesCharge avoided by allowing inspection subject to conditionsRequest for transcripts of Police communications in relation to emergency calls
Case notesNo blanket protection for operational discussions between Police officers—need for withholding had to be assessed with regard to the content of the actual communications at issue—opinions expressed were ‘free and frank’ but were not ‘necessary’ for effective conduct of public affairs—details about the communications already publicly available—s 9(2)(g)(i) did not apply and even if it did it was outweighed by strong public interest in releaseRequest for draft responses to OIA requests
Case notesReleasing draft OIA responses would be likely to inhibit the future free and frank expression of opinions—s 9(2)(g)(i) appliesLocal Authority unreasonably created expectation concerning amenity design
Case notesLocal Authority refused to redesign toilet block as promised—Ombudsman considered advice to complainant unreasonable—Council then agreed to redesignCorrections unreasonable not to pay for inmate’s glasses for re-integration programme
Case notesLong serving prison inmate required glasses to participate in reintegration programme and work in prison tailor shop—Department of Corrections refused to pay for glasses unless inmate would refund them through his prison earnings—inmate later found out Department had paid for another inmate’s glasses in full—Ombudsman sustained complaint that inmate was not treated fairly—refund to inmate of money paid recommended.Investigation of the Department of Corrections in relation to the transport of prisoners
Systemic investigationsUnder the Ombudsmen Act 1975, it is a function of the Ombudsmen to investigate complaints relating to matters of administration affecting persons in their personal capacity against various bodies, including the Department of Corrections (the Department). Pursuant to this Act, the Ombudsmen have power to investigate complaints by prisoners about all aspects of their detention by the Department. On 25 August 2006, prisoner Liam Ashley died as a result of injuries sustained while being transported in a van with other prisoners. Liam was aged 17, and had been the subject of violence by a 25 year old prisoner who was subsequently convicted of Liam’s murder. The Corrections Act 2004 aims to ensure that “custodial sentences and related orders … are administered in a safe, secure, humane, and effective manner”. It is a fundamental responsibility of the Department to achieve this.Request for advice and ‘think piece’ on reprioritisation or savings in Vote Education
Case notesDisclosure of internal discussion documents and advice to Ministers would prejudice ongoing decision making process—disclosure of internal ‘think piece’ would inhibit future expression of free and frank opinions by officials—ss 9(2)(f)(iv) and 9(2)(g)(i) provide good reason to withholdRequest for draft briefings to the incoming government
Case notesDisclosure of draft briefings to the incoming government would make officials reluctant to be so free and frank in expressing their initial and untested views and cause them to prefer less efficient and transparent verbal exchanges—section 9(2)(g)(i) appliesDepartment of Conservation unreasonable to cease administrative practice without notice
Case notesDepartment of Conservation to discontinue without notice a practice which people had come to reasonably rely on—Ombudsman concludes it was unreasonable to cease this administrative practice without noticeRequest 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 withholdLocal Authorities not obliged to adopt narrow user-pays approach when setting rates
Case notesComplaint concerned a service provided by local authority for which a rate was levied—believed as he did not benefit from it, his rates liability should be adjusted—Ombudsman concluded ratepayers cannot expect the level of services/benefits will reflect precisely the rates paidLocal Authority unreasonable to allow change to Management Plan without public notification
Case notesLocal Authority administering a park, agreed to a non-notified change in its Management Plan and allowed a sports club to expand its building at the park—local resident objected to lack of public consultation—Ombudsman found vague reference in the Plan to sport’s club hoped to expand its facilities, but given the scale and nature of the proposed building, the Local Authority’s decision not to notify a change to the management plan was unreasonable—Authority agreed with decision and commenced notification processCouncil’s authority to levy Harbour Facilities Charge expired
Case notesImposition of ‘harbour facilities charge’—bylaw made pursuant to legal authority which had expired—s690A Local Government Act 1974, ss 33 and 427 Resource Management Act 1991