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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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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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40 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 list of proposed Significant Natural Areas
Case notesNegotiations concluded—s 7(2)(i) does not applyRequest for names of staff and contractors involved in producing crime and safety survey
Case notesSection 9(2)(g)(ii) OIA applied to staff names—on basis of past conduct Ombudsman satisfied that requester would engage in improper pressure or harassment that would impact on the Ministry’s ability to attract and retain staff and contactors—section 9(2Request for information about staff grievances and allegations of bullying
OpinionsSam Sherwood, on behalf of Stuff, made a request to Selwyn District Council for information about staff grievances and allegations of bullying.Request 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 moneyRequest for names and address for service of two Police officers
Case notesSection 9(2)(a) and 9(2)(g)(ii) OIA applied—past conduct suggested the requester would publish information targeting or encouraging others to target the officers in a way that would breach their personal privacy, and subject them to improper pressure orDepartment 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 CERA property valuation reports
Case notesMuch of the information already available to the requesters—disclosing the remaining information about how the valuations were reached would not prejudice or disadvantage CERA in negotiations with property owners, but make the negotiations more robust with both sides fully informed—strong public interest in disclosure to address power disparity between negotiating parties—s 9(2)(j) does not provide good reason to withholdRequest 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 costing and liability information concerning the grounding of the MV Rena
Case notesRelease of information about costs incurred in responding to the grounding would give advance notice of the Crown’s negotiating position—s 9(2)(j) applies but not to information that was known to both parties and in the public domainRequest for details of risk management processes
Case notesRequest for details of risk management processes—relevant documents provided apart from the ‘risk register’—register consisted of free and frank expressions of opinion—release might undermine risk management strategy—public interest met by release of Risk Management PolicyRequest for information about earthquake-prone building survey
Case notesRequest for information about an earthquake-prone building survey—survey findings challenged—information withheld to avoid prejudice to the commercial interests of the owners of those buildings whose status was unresolved pending outcome of challengeRequest for ocean manifests filed with Customs
Case notesRequest by solicitors on behalf of a shipping company for ocean manifests filed with the New Zealand Customs Service for vessels berthing at a container terminal on a certain day—information withheld to protect commercial interests—no countervailing public interestRequest for information held by Radio New Zealand relating to political coverage in lead up to General Election
Case notesRequest declined on grounds of commercial prejudice—commercial prejudice not made out—discussions with requester led to satisfactory solution—requester allowed to inspect informationRequest for draft business plan
Case notesRequest to Minister for State Owned Enterprises for Timberlands West Coast Ltd draft Business Plan for 1997/98—information withheld on commercial grounds—some information released—detailed financial, business strategy, economic and marketing information withheld—State Owned Enterprises Act 1986Request for documents relating to footwear manufacturing operation at Prison
Case notesFootwear manufacturing operation at Wanganui Prison was a commercial activity—s 9(2)(i) appliedRequest for planning package for health and disability services
Case notesRequest for CHE Planning Package for health and disability services in Otago—request refused by Southern Regional Health because of prejudice to negotiations—identification and assessment of countervailing public interest considerations favouring disclosure