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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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Template letters and work sheets
These template letters and work sheets can be used by agencies to help respond to official information requests.
28 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 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 prescriptiveRequest 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 information about mental health
Case notesRefusal justified but not because request was vexatious—some information not held but would need to be created—some information could not be provided without substantial collation or researchRequest for CAA investigation report on Minister’s airport security breach
Case notesSection 9(2)(a) OIA applied to information that would identify Minister’s staff—s 9(2)(a) did not apply to non-sensitive information about actions that occurred in a public place, or to the name of the Investigator—s 6(c) did not apply to information suRequest for draft terms of reference for an inquiry
Case notesDraft terms of reference largely the same as publicly available final ones—release would not inhibit the future free and frank expression of opinion or provision of advice to the Prime Minister—s 9(2)(g)(i) did not applyRequests for emails of former Minister
Case notesEmails of former Ministers held by Parliamentary Services pursuant to contract with DIA deemed to be official information held by DIARequest for evaluation and audit reports regarding extended supervision orders
Case notesEvaluation report comprised largely academic material and statistical analysis—9(2)(g)(i) did not apply—audit report had been submitted to senior management but marked as draft—disclosure of majority not likely to prejudice future exchange of free and frank opinions—significant public interest considerations in favour of disclosure—audit report released with deletion of names and detailed findings relating to individual service providersRequest for briefing notes relating to state visits
Case notesInspection on conditions in order to identify the documents required provided means of resolving s 18(f) refusalRequest for DHB Commissioner’s draft work plan
Case notesRelease of draft work plan would likely result in reluctance by staff to draft and consult on document—components of plan, once confirmed, were to be included in the 2016/17 annual plan—s 9(2)(g)(i) provided good reason to withholdRequest for draft financial performance analysis
Case notesDraft financial performance analysis prepared by Alma Consulting—s 9(2)(g)(i) did not apply— strong public interest in releaseRequest for information redacted from Ministerial briefings and Cabinet papers on telecommunications and ultra-fast broadband
Case notesWhile some decisions had been made, others were still required, and disclosure would prejudice the orderly and effective conduct of ongoing advisory and decision making processesRequest for advice to Local Government Commission
Case notesNo ministerial or executive government decision making process would be undermined by release—draft and final versions of the advice were substantially similar and the advice was in the nature of a careful and considered critique—no good reason to withholdRequest for draft ‘Alternatives Paper’ prepared by consultants on CBD rail link
Case notesRelease would inhibit exchange of drafts and views between staff and consultants, which would undermine the drafting process—s 7(2)(f)(i) applied—public interest met by the release of the final report and the peer reviews by relevant agenciesRequest for literature review on youth desistance
Case notesDraft review provided to successful tenderer as starting point for an external research project— information not in the nature of free and frank opinions—disclosure would not undermine interest in s 9(2)(g)(i)—release accompanied by contextual statementRequest for information about tangata whenua rights
Case notesRequester seeking official statement from Minister—information not held—explanation would need to be createdRequest for minutes of Council workshops
Case notesRequest for minutes of Unitary Plan Political Working Party—minutes related to Council ‘workshops’—s 7(2)(f)(i) applied in part—minutes could be disclosed in part without inhibiting people from contributing to workshops in futureRequest for draft report on NZX compliance with general obligations
Case notesRelease would inhibit the free and frank expression of opinions by officials during the drafting process, and the exchange of opinions between the NZX and FMA—it is in the interests of the ‘effective conduct of public affairs’ for the review process to be robust and conducted in a manner that supported the FMA’s main objective of promoting and facilitating the development of fair, efficient and transparent markets—s 9(2)(g)(i) appliedRequest for handwritten notes of discussions between MFAT Chief Executive and Minister of Foreign Affairs
Case notesRequest for handwritten notes of Chief Executive’s discussions with Minister—confidentiality is necessary to protect the ongoing effectiveness and conduct of the relationship—public interest in disclosure not sufficient to outweigh s 9(2)(g)(i) interestDepartment 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