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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.
Reports
Reports include OPCAT, disability rights, official information practice and systemic investigation.
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Contains our media releases, newsletters, pamphlets, speeches and fact sheets. Fact sheets are published in multiple language and accessible formats.
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Projects, reference and data
This includes our official information complaints data, updates on investigations and other projects, and submissions by the Ombudsman.
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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.
37 Resources Show all
Privacy: A guide to section 9(2)(a) of the OIA and section 7(2)(a) of the LGOIMA
Official informationThis is a guide to the privacy withholding ground found in section 9(2)(a) of the OIA and section 7(2)(a) of the LGOIMA.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 proceRequest for email between journalist and source
Case notesSection 9(2)(a) OIA did not apply—one party consented to release—both parties acting in their professional capacities—information already in the public domain—s 9(2)(ba)(ii) did not apply—no blanket confidentiality for all communications with journalistDecision 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 ofDecision to release tender information in response to Official Information Act request
Case notesComplaint about a decision to release information under the Official Information Act—Ministry consulted adequately with affected party—Ministry took into account affected party’s submissions, all relevant considerations, principle of availability, legisRequest for average remuneration of 10 highest paid staff broken down by gender
Case notesSection 9(2)(a) OIA applied—small numbers in top 10 meant there was a real likelihood release could reveal fairly accurate salary information about identifiable individuals—withholding necessary to protect their privacy—s 9(2)(i) did not apply—insufficiRequest 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—Request for draft documents, internal emails, handwritten notes regarding Government response to Law Commission discussion paper
Case notesDisclosure of draft documents would inhibit future expression of free and frank opinions by officials—s 9(2)(g)(i) appliesRequest for Ministerial briefing on Auckland CBD rail loop
Case notesDisclosure of ministerial briefing conveyed under pressure of time would inhibit future expression of free and frank opinions by officials—s 9(2)(g)(i) applied—public interest met by release of later documentRequest for internal complaint assessment memorandum
Case notesDisclosure of preliminary complaint assessment memo would make complaints assessment staff reluctant in future to fully express their views in writing—s 9(2)(g)(i) provides good reason to withholdOffender’s request for victim’s medical examination
Case notesSection 9(2)(a) OIA applied—withholding necessary to protect highly sensitive personal information about the victim of sexual offending—no public interest overrideRequest for crisis group reports and working material regarding Government’s response to kidnapping
Case notesRequest for information about Government’s response to kidnapping of NZ resident in Baghdad—s 9(2)(g)(i) provides good reason to withhold crisis group reports and working material but not the final review of the hostage-taking—public interest met by disclosure of final review—final review released with redactionsRequest for individual’s immigration history
Case notesPrivacy ground applied and not outweighed by public interest because discovery availableInvestigation of the Department of Corrections in relation to the complaint procedures of Corrections Inmate Employment
Systemic investigationsCorrections Inmate Employment (CIE) is a branch of the Department of Corrections’ (the Department) Rehabilitation and Re-integration Services group. It operates various industries at the prisons, which afford prisoners employment while they are in prison. Following the receipt of complaints from prisoners employed by CIE, concern was expressed about how CIE was handling prisoners’ complaints. I was uncertain whether this concern was justified. I decided it was appropriate on my own motion to undertake an investigation into the efficiency and effectiveness of the complaint procedures by which prisoners employed by CIE may complain to the Department about CIE and its staff.Securities Commission did not unreasonably apply conflict of interest policy and procedure
Case notesWhether the Securities Commission’s policy and procedures relating to the management of conflicts of interest were applied appropriately in this case—Chief Ombudsman concluded the Commission did not act unreasonablyRequest for draft public consultation document
Case notesOnly minor differences between draft and final consultation document—final consultation document was publicly available—release would not inhibit the free and frank expression of opinions necessary for the effective conduct of public affairsRequest for internal discussion paper on privatisation
Case notesTwo drafts of an internal discussion paper commissioned by Treasury’s Executive Leadership Team—Government had not sought advice on the issue—s 9(2)(g)(i) provides good reason to withholdRequest for identities of guests who dined at a council’s expense
Case notesAccountability for spending public money—level of disquiet, speculation or controversy—s 7(2)(a) did not provide good reason to withholdRequest for information about senior employee’s departure and personal expenses
Case notesSection 9(2)(a) OIA applied—privacy and confidentiality in employment context—s 9(2)(ba)(ii) OIA applied—settlement agreement contained express obligation of confidence—release would be likely to damage the public interest by making it more difficult toRequest for information about Police investigation into complaint against Minister
Case notesSection 6(c) OIA did not apply—no prejudice to the maintenance of the law in circumstances where the investigation had concluded and no charges had been laid—s 9(2)(a) applied—high privacy interest given the nature of the allegations and the fact that nRequest for policy advice behind merger of Archives and National Library
Case notesRelease of formal advice to Ministers about abandoned options after decisions had been made would not inhibit the free and frank expression of opinions by officials—s 9(2)(g)(i) does not applyInvestigation of the Department of Corrections in relation to an incident of self-harm at Christchurch Women’s Prison and the issuing of strip gowns to prisoners at risk of self harm
Systemic investigationsIn July 2009, in accordance with the Protocol made pursuant to section 160 of the Corrections Act, I received notification from the Department of Corrections of an incident of prisoner self-harm that had occurred in the At-Risk Unit (ARU) of Christchurch Women’s Prison (CHWO).Investigation of the Department of Corrections in relation to an incident of self-harm at New Plymouth Prison and the Department’s disposable safety razor policy
Systemic investigationsOn 11 May 2009, the Department of Corrections instituted a new national policy on razor blades for prisoners. The purpose of the policy was to reduce the number of incidents involving razor blades. It applied to those prisoners accommodated in High Security, Remand and Youth Units. These prisoners would no longer be allowed to stockpile or keep issue razor blades. The aim of the policy was interpreted as intending to limit the opportunity for self-harm by misuse of razor blades.Request for complaint against a health provider
Case notesPrivacy interest balanced against public interest in ensuring natural justice—public interest met by release of summary informationDepartment of Corrections made errors in documentation but parole hearing set correctly
Case notesWhether Department of Corrections staff failed complainant with respect to a Parole Board hearing—Ombudsman found errors in documentation but complainant not disadvantagedDepartment of Corrections unreasonable to place prisoner with mental illness in mainstream unit
Case notesWhether the Department of Corrections was unreasonable to place prisoner in mainstream unit given specific medical condition of mental illness—Ombudsman upheld complaintRequest for Police prosecution file
Case notesSection 9(2)(a) OIA applied—low privacy interest in information that was either known to the requester or publicly available was outweighed by the public interest in the requester knowing the full details of the accident that led to her mother’s death—rRequest for audit information regarding JobPlus scheme
Case notesDraft audit report was identical to final audit report—no good reason to withhold the final audit report so no good reason to withhold the draft—good reason to withhold auditor’s informal and early working papers under s 9(2)(g)(i)—disclosure of the working papers would make auditors more circumspect in what they record, and when and how they record itRequest for Minister/Chief Executive discussions
Case notesDisclosure of full record of recollection of discussion between Minister and Chief Executive would inhibit future expression of free and frank opinions—summary of recollection releasedRequest for all information about an audit
Case notesSection 9(2)(ba)(i) OIA applied to staff interview records—implied obligation of confidence—release would be likely to prejudice the future supply of information to auditors—it is in the public interest for staff members to cooperate with audits—s 9(2)(Civil Aviation Authority changes its investigation practices following Ombudsman’s findings
Case notesComplaint about investigation by Civil Aviation Authority (CAA) of a light aircraft crash—criticism of way CAA conducted investigation into the crash which resulted in 2 deaths—after O’s investigation, CAA accepted a likely cause was from a crack in a conrod (engine part) which appeared shortly after the engine had been reconditioned—O considered CAA should not have asked the reconditioning company for assessment and that CAA was unreasonable not to interview engineers during its investigationRequest for auditor’s working papers
Case notesDisclosure of auditor’s scoping discussions and working papers would make auditors more circumspect in what they record, and when and how they record it—good reason to withhold under s 9(2)(g)(i)