Open main menu Close main menu
Search by keyword

Resources and publications

Ngā rauemi me ngā tānga

Search guides, case notes, opinions, reports and other information. Resources and publications can also be searched by date and other options. 

Use the search bar to make your search. Then use the filters to narrow down the results by resource type or topic. 

More information about the resource categories on this page
Search by keyword

25 Resources Show all

  • Local Authority unreasonably failed to consult with residents about building relocation

    Case notes
    Local Authority allowed relocation of building without providing for adequate consultation process with the local community—Ombudsman upheld complaint

  • Request for information about assessment of community organisation as approved community service

    Case notes
    Section 9(2)(a) OIA did not apply to correspondence from the chair of the community organisation—the fact that a person signed a letter does not necessarily make that letter personal information about them—signatory was acting in his professional capaci

  • Investigation of the Department of Corrections in relation to the provision, access and availability of prisoner health services

    Systemic investigations
    This own motion report, unlike others we have undertaken, did not arise from specific incidents within the prison system, nor from the number of complaints we receive from prisoners.  Our investigation has identified that prisoners have reasonable access to Health Services and generally they receive healthcare equivalent to members of the wider community. However, the service is not without its problems and in the future, it may not be able to meet the healthcare needs of such a diverse population effectively.

  • Request for investigation report relating to a personal grievance

    Case notes
    Sections 9(2)(a) and 9(2)(ba)(i) and (ii) OIA applied—privacy and confidentiality in employment context—express obligation of confidence to parties and other contributors—release would be likely to prejudice the future supply of information needed to de

  • Request for information about an employment investigation (personal grievance)

    Case notes
    Privacy and confidentiality grounds apply but need for accountability when things go wrong— seniority of the individuals involved—extent of information in the public domain—other means of scrutiny and regulation—third party review satisfied the public interest in this case

  • Request for information about employment investigation involving misuse of letterhead by Police officer

    Case notes
    Sections 9(2)(a) and 9(2)(ba)(i) OIA applied—privacy and confidentiality in employment context—withholding necessary to protect the officer’s privacy—express or implied obligation of confidence—release would be likely to prejudice the future supply of i

  • Request for information about an employment investigation (withholding grounds)

    Case notes
    Privacy and confidentiality grounds applied—need for accountability when things go wrong— extent of information in the public domain—need to provide the ‘full picture’—nature and seriousness of the wrongdoing¬—whether other means of scrutiny or regulation—release of summary information to satisfy public interest

  • Submission of the Ombudsmen - Corrections Amendment Bill

    Submissions
    We had a limited opportunity to comment on the draft Corrections Amendment Bill (the Bill) and some amendments were made as a consequence of our submissions.  However, there remain other matters which concern us.

  • Local Authority unreasonably failed to provide information on LIM

    Case notes
    Local Authority failed to provide information in a Land Information Memorandum(LIM) about outstanding capital contribution for a sewer—Ombudsman considered Council acted unreasonably—Council made payment to complainant in resolution of complaint

  • Ombudsman has no jurisdiction over District Council electoral officer

    Case notes
    Jurisdiction—Ombudsman has no jurisdiction over Council electoral officer—electoral expense returns not subject to Local Government Information and Meetings Act 1982

  • Request for complete rate records

    Case notes
    Request 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 released

  • Request for information about members of boards for which Minister of Maori Affairs responsible

    Case notes
    Request 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 release

  • Request for details of severance payment and salary relating to second tier manager

    Case notes
    Request 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 disclosure

  • Request by non-custodial parent for children’s school reports which children asked not to provide

    Case notes
    Request 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 Act

  • Request by natural mother for maternity notes and paediatric files of her children who were in interim High Court wardship

    Case notes
    Request 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 hearing

  • Request for report by District Inspector into care by mental health services of person convicted of murder

    Case notes
    Request for report by District Inspector into care by mental health services of person convicted of murder—much of the information withheld to protect privacy of individuals—some information already publicly available in course of offender’s trial—public interest in District Inspector’s findings—most information released

  • Request for names of proposed appointees to four Maori Development Commissions

    Case notes
    Request for names of proposed appointees to four Maori Development Commissions—some information refused under s 18(d) as appointments soon to be announced—s 9(2)(a) applied to the remainder of the information which was a preliminary list of nominations

  • Requests for CYPF case reviews

    Case notes
    Requests for case reviews by Children, Young Persons and their Families Service—information withheld under ss 9(2)(a) and 9(2)(g)(i)—private information—social workers should not be discouraged unnecessarily from giving frank accounts of difficult cases where hindsight might identify some error of judgement—some information in case reviews can be withheld—also s 9(1) public interest considerations relating to information about standard of care and remedial action taken in respect of identified deficiencies—consideration of ss 16 and 17—public interest met by publication of comprehensive summary of relevant issues

  • Request for documentation relating to resignation of West Coast Regional Conservator

    Case notes
    Section 9(2)(a) applied to the detailed information requested—public interest considerations under s 9(1) required disclosure of general level of financial settlement and provision for contingent liabilities

  • Request by grandfather for address of grandchildren

    Case notes
    Request by grandfather for address of grandchildren—children in custody of father—address known to requester’s daughters—without more information about the family relationships, disclosure of the address under the OIA would infringe the children’s privacy—good reason to withhold under s 9(2)(a).

  • Local Authority rejects Ombudsman’s recommendation to monitor nuisance as required under RMA

    Case notes
    Local Authority failed to respond to complaints from residents about dust and noise nuisance. What it should have done was to consider complaints from residents by undertaking relevant surveys and tests to determine the extent of the problem being complained about (this is a responsibility under ss17 and 35 of the Resource Management Act 1991)—complaint sustained —Ombudsman recommended the Local Authority monitor noise and nuisance effects—recommendation rejected

  • Local Authority issued a Project Information Memorandum (PIM) unlawfully

    Case notes
    Property developer changed basis of development and obtained new Project Information Memorandum (PIM) containing conditions not prescribed in s 31(2) of the Building Act 1991—complainant considered the contents of the PIM unauthorised as the changes had not been agreed to by purchasers of the owner developing the property and action incurring legal expenses—Ombudsman found PIM not issued lawfully but agreed for Authority to amend the PIM to comply with LGOIMA—complainant offered ex gratia payment in recognition of legal costs incurred

  • Local Authority issues non-notified resource consent for vacant site

    Case notes
    Non-notified resource consent application granted for vacant site – neighbours claimed damage resulted from excavations and complained about the height of the building erected—Ombudsman investigated and found no apparent breach of s 94 of the Resource Management Act or District Plan rules and concluded the Local Authority was not unreasonable to issue a non-notified consent in this case—complaint not sustained—question of liability for damage allegedly incurred by complainants was a civil matter to be pursued in the courts

  • Department of Corrections accepts obligation to consider inmates’ circumstances when deciding work and educational paroles

    Case notes
    Refusal 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

  • Local Authorities should avoid unnecessary delay processing resource consents

    Case notes
    Time limits for decisions made in respect of resource consent applications—ss 21 and 115 of the Resource Management Act—processing delays—responsibility of local authorities to avoid unreasonable delays