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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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More information about the resource categories on this page
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.
33 Resources Show all
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 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.Local Authority excludes public from meeting when agenda item about water issues
Case notesComplaint about a Local Authority (the Council) to exclude the public from a part of its Audit and Risk Committee meeting regarding its discussion of agenda item relating to water quality and water restriction issues—insufficient weight was given to the public interest in the subject matter of the agenda itemRequest 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 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 interestEarly resolution of a potential water restriction to a family home
Case notesA family received notice that an agency would be severely restricting its water supply because of an overdue account. Once the Ombudsman became involved, the agency reviewed its accounts and realised it was in error. On the Ombudsman’s request, the agency apologised to the family and committed to reviewing its accounts more carefully before advising of possible water restrictions. From complaint to resolution, the issue was resolved in only 12 working days without the family suffering water restrictions.Request for emails between MP and university researchers
Case notesSection 9(2)(ba)(i) OIA did not apply—no obligation of confidence—information voluntarily supplied with no reference to confidentiality—release of ‘benign’ information with the consent of the supplier would not be likely to prejudice the future supply oAdministrative error leading to loss of opportunity to name a road
Case notesIn mid-2016, the owners of land containing a private road became aware that Kaipara District Council (the Council) had excluded them from a consultation process that it had initiated among residents earlier that year to determine a name for the road.Request 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 moneyLocal Authority not unreasonable to turn off water supply at property owned by a Trust
Case notesDecision by Local Authority to turn off water supply in building occupied intermittently—Ombudsman finds not unreasonableLocal Authority fails to include relevant information on a Land Information Memorandum
Case notesLocal Authority omits to identify potential slippage risk on a Land Information Memorandum (LIM) issued to the complainant—Ombudsman sustains complaintRequest 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 venue development strategy
Case notesDraft venue development strategy prepared by consultant—refused because commercial and confidential—analysis preliminary and high-level—s 7(2)(f)(i) applies—public interest requires disclosure of a summary statementRequest 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 requeLocal Authority not unreasonable to impound horse found untethered on road reserve
Case notesWhether a local authority was unreasonable to impound a horse found untethered on a road reserve—Ombudsman concluded the Regional Council acted reasonably in the circumstancesLocal Authority unreasonably issued Trespass Notice without warning or opportunity to comment
Case notesLocal Authority issued a 2-year trespass notice on complainant immediately in response to disruptive behaviour at a meeting—Ombudsman of opinion that this was unreasonable—no prior warning given firstLocal Authority fails to independently assess affected parties to a resource consent application
Case notesLocal Authority failed to independently identify the parties affected by a resource consent application—applicant had provided Council with a list of affected parties which the Council accepted without independently identifying those partiesLocal Authority unreasonable to note requirement for fencing on LIM without inspection
Case notesWhether Local Authority reasonable to include information on Land Information Memorandum (‘LIM’) when property had not been properly inspected—Ombudsman found the Council had no justification for including notation on the LIM and action unreasonableRequest for bioequivalence studies and dissolution data
Case notesNot a trade secret but the data is subject to an obligation of confidence—risk of disclosure to competitors would make drug suppliers less likely to enter the New Zealand market—s 9(2)(ba)(ii) appliesRequests for tape and transcript of pilot communications to air traffic control
Case notesMedia requests for tape and transcript of pilot communications to Christchurch Air Traffic Control prior to crash—class exemption sought—also withheld to protect obligation of confidence—s 9(2)(ba)—release would not breach Chicago convention or any contracts with air traffic controllers—recommendation that information be releasedRequest to Board of Trustees for 15 year old daughter’s statements alleging sexual harassment by teacher aide
Case notesMother’s request to Board of Trustees for 15 year old daughter’s statements alleging sexual harassment by teacher aide—daughter provided statement to school in confidence—refused consent to release—public interest in ensuring students willing to supply similar information to school in future—good reason to withhold under s 9(2)(ba)(i)Council agrees to provide building consent at no cost
Case notesCouple’s spouting on outbuilding needed to be replaced—City Council advised that a building consent was required—complaint made that this was unreasonable—officials met onsite to examine outbuilding and property—an already approved storm water drain was identified and Council agreed to issue building consent at no cost to couple—complaint resolvedCouncils cannot act without proper authority regarding water usage charges
Case notesCouncil installed water meter on landowner’s property so that water charges would be based on quantity used rather than flat domestic rate—owner complained that he was not consulted and there was no evidence that he was using water indiscriminately—Ombudsman reviewed legislation empowering Council to impose charges—legislation required Council resolutions – none passed—Council acted without proper authority—levies refunded and domestic rate reinstatedCouncils advised to keep information for resource consents until all appeals exhausted
Case notesGrape grower sought transparencies used in Council hearing for resource consent—Council had destroyed transparencies in accordance with 15 year practice on basis that the information was generic—Council created new transparencies with same information—grape grower alleged the information was not the same as on the originals—Ombudsman unable to compare the two —Council agreed to change practice and retain information used in hearings until all appeals exhaustedRequest for research data held by Crown Research Institute
Case notesResearch data subject to clear confidentiality assurances—some farmers would be reluctant to participate in similar trials if released—s 9(2)(ba)(i) appliesRequest for list of all strategic goods exported from New Zealand
Case notesRequest for list of all strategic goods exported from New Zealand—some information provided but name of exporter and value before tax of strategic goods withheld—9(2)(ba)(i) applied—residual issue of public accountability resolved following inquiries under s 13(3) of the Ombudsmen Act 1975—MFAT agreed that in future, it would disclose in its annual report the statistics it had previously made available only on requestRequest for details of out-of-court settlements and costs
Case notesRequest for details of out-of-court settlements and costs—ss 9(2)(ba)(ii) and 9(2)(j) found to apply—no countervailing public interestRequest for names of ‘eminent New Zealanders’ consulted during preparation of Intelligence and Security Agencies Bill
Case notesRequest for names of ‘eminent New Zealanders’ who were part of the consultative process in preparing the Intelligence and Security Agencies Bill—request refused under s 9(2)(g)(i) —individuals consulted—in respect of those who advised that disclosure would inhibit them from giving free and frank advice to the Government in future, section 9(2)(g)(i) applied—need to withhold outweighed by countervailing public interest