Resources and publications
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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.
50 Resources Show all
Request for communications between Chief of Defence Force and Prime Minister
Case notesMP requested information on the restructuring of the NZDF—two letters from the Chief of Defence Force to the Prime Minister regarding draft reports withheld under s 9(2)(g)(i)—distinction between substantive comment about draft reports and minor editorial suggestions—substantive comments were recordings of Chief of Defence Force’s free and frank discussions with Prime Minister—part of Chief of Defence Force role is to advise Prime Minister but he would not have reduced comments to writing if he had thought they would be made public—free and frank comments needed to maintain constructive working relationship with Prime Minister—s 9(2)(g)(i) applied to substantive comments but not to remaining informationRequest for information generated and held by NZDF prior to Queens Counsel Inquiry
Case notesMP sought information relating to a letter held by NZDF—prior to responding to the request, Queen’s Counsel investigation into propriety of the letter began— Minister of Defence then refused request—enquiries revealed that NZDF had not identified what information fell within scope of request at time of refusal as inquiry already underway—OIA contemplates that a decision to refuse a request for information will be made with reference to the information itself—once inquiry concluded NZDF able to determine letter was only information at issue— NZDF submitted that letter was not official information because it formed part of inquiry— letter generated and held by NZDF prior to inquiry and for purposes unrelated to the inquiry—letter therefore ‘official information’—Minister agreed to review original decision and later released letter to complainantRequest regarding applications for consent to acquire specified property
Case notesRequest for information on existence of any applications for consent to acquire specified property—s 10 applied since release of such information likely to prejudice the commercial position of either the vendor or potential purchaser(s)Request for breathalyser manual
Case notesRequester sought breathalyser manual to aid his defence in court—manual provided to ESR in confidence for purpose of servicing and maintenance—manufacturer would withdraw manuals if released—ESR would no longer be able to maintain breathalyser, which would have a detrimental effect on New Zealand road safety—s 9(2)(ba)(ii) applied—manual only peripherally relevant to requester’s prosecution so no overriding public interest in releaseRequest for details of prison security system
Case notesPrison inmate sought details of prison security system and name of company who installed it—release would be likely to prejudice the integrity of systemRequest for information about an inmate’s whereabouts and rehabilitation programmes
Case notesWritten submission to Parole Board on potential release of an offender—submitter advised that inmate entitled to have access to her submission—submitter sought information about the inmate’s whereabouts and rehabilitation programmes—s 9(2)(a) applied—Department had already provided the requester with general information about types of courses and rehabilitation programmes available to inmates which met the public interest—In future Parole Board should advise persons making submissions that they could request that personal details be withheld from offender to protect their privacyRequest for consultant’s report on potentially contaminated sites
Case notesRequester sought consultant’s report on potentially contaminated sites—Council concerned that information would prejudice site owners’ commercial position when selling land and/or business on that land—s 7(2)(b)(ii)—information already available by way of LIM or PIM request—release would not increase extent of prejudice that already existed—information released on recommendationRequest for transcripts of Prime Minister’s press conferences
Case notesOpposition party requested transcripts of Prime Minister’s press conferences—refused—distinction between information imparted by the Prime Minister in her official capacity and information imparted by her in her capacity as Leader of the Labour Party—the former is ‘official information’ but the latter is not—s 2(1)—Prime Minister concerned that release of official information would inhibit free and frank comments to accredited member of the press—only accredited media representatives attend these press conferences but not restricted in their reporting—no good reason under the OIA for refusalRequest for Crown’s projected figures, budgetary consequences and methodology relating to Treaty of Waitangi negotiations
Case notesJournalist requested forecasts of settlement quantums prepared by OTS— request refused because release would prejudice or disadvantage Crown in carrying on negotiations—information contained details of projected figures and budgetary consequences of different settlement quantums and revealed OTS’s methodology for reaching these figures—disclosure would reveal OTS’s approach to negotiations and falsely give a top dollar figure available to claimants—Ombudsman satisfied Crown’s position in negotiations would be prejudiced by release—public interest in OTS’s transparency and accountability for negotiating with public money met by information already in public arena and made available to claimants during negotiation process—Ombudsman satisfied OTS entitled to rely on section 9(2)(j) to withhold information.Request to Police for information regarding alleged threats made against Judge
Case notesRequest for information provided to Police concerning alleged threats made by person/s connected with the requester’s family—refused on the basis that disclosure would reveal identity of the informant—mixture of ’personal information’ and ‘official information’—joint investigation with Privacy CommissionerRequest for draft amendments to the Terrorism (Bombings and Financing) Bill
Case notesSection 18(c)(ii) OIA did not apply—once a select committee has reported back to the House all proceedings of that committee, oral and written, can be referred to and used without any confidentiality restrictions stemming from parliamentary privilegeRequest for details of expenditure by University for private residence of senior staff member
Case notesRequest for details of expenditure by University for private residence of senior staff member—request refused to protect privacy—privacy interest existed and needed protection—public interest in University being held accountable for expenditure of public money—balance of competing interests best met by release of approximate value of items purchased, together with contextual statement giving background information about the purchaseRequest for draft state highway route options
Case notesRequest for draft state highway route options—public consultation to take place once options finalised—need for undisturbed consideration before consultationRequest for contaminated land information
Case notesRequest for contaminated land information—doctoral thesis—information withheld to avoid prejudice to future supply and prejudice to commercial interests of third partiesRequest for copies of returns of electoral expenses and donations by mayoral candidates
Case notesRequest for copies of returns of electoral expenses and donations by mayoral candidates—whether the returns constituted ‘official information’ for the purposes of the Local Government Official Information and Meetings Act 1987—whether an electoral officer under the Local Electoral Act is an officer, employee or member of a local authority—requested information was not official information—Local Electoral Act 2001, ss 12, 14, and 109Request for Fire Officer’s response to allegations
Case notesRequest for copy of Fire Officer’s written response to certain allegations made against him by requester and others—information subject to an obligation of confidence and likely to damage the public interest if made availableRequest for early stage policy advice relating to paid parental leave
Case notesRequest for information relating to paid parental leave policy—information withheld to maintain collective ministerial responsibility, protect confidentiality of advice and free and frank exchange—in the circumstances no good reason to withholdRequest for minute from Chief of Air Staff to Chief of Defence Force
Case notesRequest for minute from Chief of Air Staff to Chief of Defence Force regarding return of aircraft to Samoa to uplift a civilian passenger—minute contained free and frank expressions of opinion—factual information and summary of opinions released—manner in which opinions expressed particularly frank—s 9(2)(g)(i) applied—public interest in release satisfied by release of summaryRequest for details of Housing New Zealand’s top ten rental arrears by city or town
Case notesRequest for details of Housing New Zealand’s top ten rental arrears by city or town—Housing New Zealand considered release of information would prejudice negotiations to recover rental arrears—public interest in accountability outweighed need to withhold—information releasedMinistry of Social Development has no authority to require beneficiary to appoint agent
Case notesIlliterate beneficiary preferred to communicate verbally, frequently and often vociferously—the Ministry arranged for beneficiary’s solicitor to become agent—Ombudsman sought advice from Ministry as to authority it was relying on to request appointment of an agent—the Ministry confirmed there was no specific legislative authority— Ombudsman formed view that requirement unreasonable—complainant revoked agency and dealt directly with Ministry againCrown Research Institute’s publication on nicotine in tobacco inadequate
Case notesPublication of research data subsequently found to be flawed—notice of research results to interested parties—adequacy of subsequent retraction—inclusion of contextual material with media release—relationship between an Ombudsman's jurisdiction and issues involving scientific techniques and the course of research—matter of administration—Ombudsmen Act 1975, s 13Ministry of Education reimburses overcharged rental on school owned house
Case notesTenants renting house from Board of Trustees paid $35 per week more than permitted by the Ministry of Education guidelines and tenants sought reimbursement from the Ministry—the Ministry refused but Ombudsman found the Board was acting as Ministry’s agent and it had been unreasonable for the Ministry to decline reimbursement—the Ombudsman recommended that tenants be fully reimbursedIRD delays verifying student’s address and unreasonably charged late payment penalties
Case notesStudent believed her student loan repaid by grandmother and she had had no contact from IRD for eight years—there was no evidence the loan was repaid and IRD accepted there had been an unreasonable excessive delay in contacting student due to lack of valid address—however the IRD had no power to write off initial loan balance but following the Ombudsman’s investigation, agreed to reinstate loan in the current year and cancel accumulated interest and penaltiesAppeal to Immigration’s Removal Review Authority not dependent on timeliness of visa application process
Case notesDelay in processing application for further visitor’s permit does not hinder an appeal to the Removal Review Authority - Visitor lodged application for further visitor’s permit on day his current permit expired – NZIS advised him 82 days later that his application was declined – also advised him that he should have lodged an appeal against removal 40 days ago – visitor aware of expiry date of original permit and of requirements when seeking a further permit – Ombudsman did not consider NZIS application process or advice was unreasonable – appeal rights to Removal Review Authority not dependent on timeliness of application process – no grounds for Ombudsman to investigateRequest for complete rate records
Case notesRequest for city council’s complete rate records—request refused under s7(2)(a)—consideration of s 115(2) of Rating Powers Act and ss 7(1), 7(2), 60(3) of the Privacy Act—information releasedRequest for information about members of boards for which Minister of Maori Affairs responsible
Case notesRequest for information about members of boards for which Minister of Maori Affairs responsible—information withheld under s 9(2)(a)—some information already publicly available—a strong privacy interest did not attach to names and terms of appointment of board members of Maori Trust Boards and the Maori Soldiers Trust Central Committee—public interest in releaseRequest for details of severance payment and salary relating to second tier manager
Case notesRequest for details of payments made to former employee of Airways Corporation—information refused under s 9(2)(a) and s 9(2)(b)(ii)—release of salary information in a $20,000 band struck the right balance between the established privacy interest and the public interest in disclosureRequest 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 relating to proposed visit of US Navy ship
Case notesRequest for information relating to proposed visit in 1985 of USS Buchanan to New Zealand—information withheld under s 6(a) and s 6(b)(i)—conventions of international diplomacy—release would be likely to prejudice the international relations of the Government and the entrusting of information by another StateRequest by non-custodial parent for children’s school reports which children asked not to provide
Case notesRequest by non-custodial parent for children’s school reports—children asked school not to make reports available—reports addressed principally to caregiver—matters to be reported under section 77 of the Education Act—section 9(2)(a) made out—public interest met by separate report prepared on matters under section 77 of the Education ActRequest by natural mother for maternity notes and paediatric files of her children who were in interim High Court wardship
Case notesRequest by natural mother for maternity notes and paediatric files of her children—children in interim High Court wardship—information previously made available—s 9(2)(a) outweighed by public interest in access to the information for the purposes of custody hearingRequest 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 sought