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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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These template letters and work sheets can be used by agencies to help respond to official information requests.
19 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 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(2Earthquake Commission’s interpretation of the Earthquake Commission Act 1993 regarding swimming pool building not unreasonable
Case notesWhether the Earthquake Commission was unreasonable to decline compensation for damage to the pool house enclosing a swimming pool at a Christchurch property—Ombudsman concluded EQC’s decision was not unreasonableReport 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.Report 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 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 prescriptiveNames of senior and principal historian involved in writing treaty settlement memo
Case notesSections 9(2)(a) and 9(2)(g)(ii) OIA did not apply—information publicly available—seniority—degree of responsibility—no material supporting likelihood of pressure or harassmentRequest for name of Auckland Transport employee who requested trade plate cancellation
Case notesSection 7(2)(f)(ii) LGOIMA applied—Auckland Transport provided examples of situations where its employees had been personally targeted and subjected to behaviour that was perceived to be threatening and intimidating by requester—reasonable likelihood thInvestigation 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.Department 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 notes of a telephone conversation between officials
Case notesRequest for notes of a telephone conversation between officials at the Commerce Commission and Ministry of Commerce—information withheld under s 9(2)(g)(ii)—factors to be considered when considering whether release would result in improper pressure or harassment of officials and thereby prejudice the effective conduct of public affairsDepartment 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 unreasonableDepartment 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)Department 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 practicePrison unnecessarily holds inmates in secure unit
Case notesPlacement of minimum secure inmates in maximum security conditionsEarthquake Commission not required to cover buildings under construction in the event of a landslide
Case notesEarthquake Commission and Insurer both decline cover for half-built structure on private property, damaged following a landslide—still being under construction meant the building was not being used for its intended purpose and EQC’s decision in this respect was correct—Ombudsman advised that the complainant could refer the matter back to the insurer for a reconsideration and the Insurer in this case took a liberal view of what had been an unusual event and settled the claim—case indicates the need to obtain cover for landslip while a building is under construction