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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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Reports include OPCAT, disability rights, official information practice and systemic investigation.
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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.
31 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 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 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 partReport 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 interestReport 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 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 statistics on allegations of assault by Corrections staff
Case notesRequirements of Operations Manual meant source information to answer request should be held—manual compilation is not creation—s 18(g) does not apply—unreasonable to rely on s 18(f) when the fundamental difficulty in providing the information was down to the Department’s own administrative lapsesDepartment 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 prescriptiveImmigration New Zealand’s decision to issue Deportation Liability Notice unreasonable in circumstances
Case notesImmigration New Zealand (INZ)’s decision to issue a Deportation Liability Notice (DLN) was unreasonable—compliance officer inferred situation that complainant was then not given an opportunity to explain—Ombudsman sustained complaint—INZ restored immigration status to complainant with open conditionsRequest 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 Consultative Draft District Plan
Case notesConsultative Draft District Plan refused under s 7(2)(f)(i)—information did not meet requirements of that section—no statutory prohibition in Resource Management Act which prevents information being made available before the date of notification—Resource Management Act 1991, s 35(2)Request by Land Transport Safety Authority to Police for details of ‘diversion’ of applicant seeking driver identification card
Case notesRequest by Land Transport Safety Authority to Police for details of ‘diversion’ of applicant for a driver identification card—request declined—disclosure would undermine purposes of ‘diversion scheme’—maintenance of the lawRequest for papers provided to the treasurer during a 12 month period
Case notesRequest for papers provided to the Treasurer during 12 month period—substantial volume of information to be researched and collatedDepartment 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)Immigration Service not required to consult original employer of overseas employee about new job
Case notesEmployee resigned from business which had recruited him from overseas—business knew employee was working for another company but was concerned that it had not been advised of this situation, given the original employee’s obligations for maintenance of person while in NZ—Ombudsman found Immigration Service not obliged to consult with original employee in this situation and the person was in NZ lawfully—Immigration noted original business’s concerns and agreed with the Ombudsman that it would, as a matter of fairness, advise the original business that it was no longer required to be responsible for either the maintenance of the employee or his repatriation, should that prove necessaryImmigration Service agrees to make applicants aware of need to renew permits in good time
Case notesDelay in making decisions on applications for further temporary permits—effect of delay on applicant—no unreasonable delay by NZIS—applicants to be informed of need to apply for further permits in good timeDepartment 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 practiceComplainant must have sufficient personal interest in complaint for Ombudsman to investigate
Case notesOmbudsman has discretion to decline to investigate where a complainant has insufficient personal interest in subject matter of complaint—no evidence to show the complainant had been given authority to complain on prisoner’s behalf about decisions taken in a prison—Ombudsman must be satisfied that the person concerned is aware of and consented to the complaint being investigated—under s 17(2)(c) of the Ombudsmen Act 1975, no investigation was undertakenRequest for health information about person charged with murder
Case notesRequest for information about care of patient by mental health services of person charged with murder—information withheld under s 6(c) to avoid prejudice to right to a fair trialRequest for information about submissions received on marine reserve application
Case notesRequest for information about submissions on marine reserve application—refused under s 18(f)—20 bound files of submissions—8-9 hours of staff time to respond to the requests did not amount to ‘substantial collation and research’—Department ultimately allowed requester to personally research the 20 bound files to collate the information soughtRequest for information relating to local authority resource consent fee
Case notesRequest for variety of information relating to local authority resource consent fee—numerous previous requests for official information—some information refused under s 17(h)—requests not deemed frivolous or vexatious, but information could not be made available without substantial collation and researchRequest for names of informants
Case notesRequest for names of informants—information withheld under section 6(a)—general approach appliedNew Zealand Post accepts recommendation to undertake gate delivery on steep rural street
Case notesNew Zealand Post refused to do a gate delivery in rural area because of the state of the road—Ombudsman considered NZP’s reasons and sought advice from Transit New Zealand about the state of the road—report showed it was not as steep as others in the area where deliveries were made—complaint upheld that the refusal to deliver to the gate was unreasonable and discriminatory between residents in different areas—NZP accepted finding and delivery to the gate was commencedImmigration Service allows refugee status claimants to record refugee claimant interviews
Case notesRefugee status claim—refusal to permit tape-recording of interview—practice based on need to preserve confidentiality and potential for recording to intimidate, unsettle or distract claimant—concerns not applicable where claimant requests recording—recording permittedNew Zealand Post reconsiders redirection policy for student hostel residents
Case notesMisleading advertising re mail redirection service—not available to students in halls of residence—review of policy in specific case, not of general applicationNew Zealand Immigration Service must provide opportunity to comment on potentially prejudicial information
Case notesApplication for extension to visitor’s permit—application declined on basis of an assumption about the applicant—assumption prejudicial to applicant—applicant entitled to opportunity to comment on prejudicial information before decision—NZIS agreed to review applicationDepartment of Corrections accepts obligation to consider inmates’ circumstances when deciding work and educational paroles
Case notesRefusal of work and educational paroles before inmate appeared before National Parole Board—inflexible policy inconsistent with concept of individual case management—review resulted in detailed case management plan for inmate