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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.
40 Resources Show all
Request for camera footage of three Taser incidents
Case notesSection 9(2)(a) OIA applied—footage of two incidents particularly sensitive—pixelation not sufficient to address privacy interests—footage of third incident not so sensitive—pixelation would make the risk of identification negligible—strong public interReport 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 names of staff and contractors involved in producing crime and safety survey
Case notesSection 9(2)(g)(ii) OIA applied to staff names—on basis of past conduct Ombudsman satisfied that requester would engage in improper pressure or harassment that would impact on the Ministry’s ability to attract and retain staff and contactors—section 9(2Request 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 names of MSD staff in emails about the drafting of a Bill
Case notesSection 9(2)(a) OIA did not apply—not necessary to withhold staff names to protect their privacy—no information to suggest privacy or safety concerns, or risk of improper pressure or harassment.Report 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.Report 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 staff names in employment investigation report into Joanne Harrison
Case notesSection 9(2)(a) OIA applied—significant privacy interest given the nature and content of report and impact on individuals—no public interest override.Early 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 names of members of the Auckland University European Students Association
Case notesSection 9(2)(a) OIA applied—withholding necessary to protect high privacy interest in information that would directly or indirectly identify AUESA members—potential consequences of disclosure included harassment, threats and reputational damage—no publiAdministrative 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 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 lapsesRequest for names and address for service of two Police officers
Case notesSection 9(2)(a) and 9(2)(g)(ii) OIA applied—past conduct suggested the requester would publish information targeting or encouraging others to target the officers in a way that would breach their personal privacy, and subject them to improper pressure orLocal 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 unreasonableDepartment 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 prescriptiveLocal 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 blood test results of 52 past or present residents of Paritutu
Case notesSection 9(2)(a) OIA did not apply—results could not be linked with identifiable individuals—information releasedInvestigation of the Department of Corrections in relation to the transport of prisoners
Systemic investigationsUnder the Ombudsmen Act 1975, it is a function of the Ombudsmen to investigate complaints relating to matters of administration affecting persons in their personal capacity against various bodies, including the Department of Corrections (the Department). Pursuant to this Act, the Ombudsmen have power to investigate complaints by prisoners about all aspects of their detention by the Department. On 25 August 2006, prisoner Liam Ashley died as a result of injuries sustained while being transported in a van with other prisoners. Liam was aged 17, and had been the subject of violence by a 25 year old prisoner who was subsequently convicted of Liam’s murder. The Corrections Act 2004 aims to ensure that “custodial sentences and related orders … are administered in a safe, secure, humane, and effective manner”. It is a fundamental responsibility of the Department to achieve this.Request for confirmation of debtor’s removal from New Zealand for purposes of insurance claim
Case notesPrivacy interest outweighed by public interest in enabling pursuit of legal rights and remediesRequest for a letter of resignation of senior manager
Case notesRequest for letter of resignation of senior manager—information withheld to protect privacy—public interest considerationsRequest by non-custodial parent for child’s prize-giving result
Case notesRequest by non-custodial parent for child’s prize-giving result—child requested results be withheld because of use made by parent of other information—meaning of ‘endanger the safety’ of a person—discussion of ‘necessary’ test—no grounds to withholdRequest for a staff member’s salary from educational institution
Case notesRequest to University for information as to whether staff member was in receipt of a salary and if so the nature of her duties—information withheld to protect privacy—public interest considerationsRequest for information about appointments to Fire Service Commission
Case notesRequest for information about appointments to the Fire Service Commission—two letters withheld—contents raised privacy and confidentiality issues—good reason to withholdRequest by son for access to mother’s child welfare file
Case notesRequest by adult son for access to natural mother’s child welfare file—son placed for adoption—natural mother now deceased—information withheld to protect privacy—relevance of requester’s relationship to subject of information considered in determining strength of privacy interest—information about mother made available in summary formRequest for deceased birth mother’s medical records
Case notesRequest by adult adopted woman for copy of late birth mother’s medical records—information withheld to protect privacy—requester in contact with birth mother prior to her death—birth mother left no will, did not name executor of her estate—no other surviving relatives—information relevant to requester’s own health—conditional release of information—Health Information Privacy CodeRequest for documents relating to a party’s tender for land offered by Council
Case notesRequest for documents relating to tender submitted by another party (X) for land being offered for sale by Council—negotiations subject of legal proceedings—name suppression sought by X—Council refused to confirm or deny existence of information—information normally publicly available—information provided to requester subject to minor deletions to protect privacyRequest for file on alleged informant
Case notesRequest for file on alleged informant—Minister neither confirmed nor denied existence of information—any confirmation or denial that a person is or has been an informant for a law enforcement agency is likely to prejudice the interest protected by section 6(c)—appropriate for the Minister to neither confirm nor deny whether the file was in existenceRequest for information about adoption
Case notesRequest for information about requester’s adoption—requester unaware she had been adopted until recently—birth mother now deceased—information withheld to protect privacy—relevance of family relationship and age of information considered in determining strength of privacy interest—file made available to requester in its entiretyLocal Authority has no right to demand legal and court fees from non-paying customer
Case notesLocal Authority issued legal proceedings to recover unpaid mooring charges along with an account for ‘legal and court costs’—as the case had not been heard by a Court, the complainant claimed this was wrong—Ombudsman upheld the complaint, noting that a Local Authority cannot claim costs and legal fees (this being a matter for the Court to determine) and the Local Authority cannot list these on a person’s account as owing—the Local Authority changed its procedures regarding recovery of court costsLocal Authority not unreasonable to grant non-notified resource consent despite neighbour’s objections
Case notesLocal Authority granted non-notifiable resource consent for building extension where complainant claimed the structure would block his lake views. Council correctly applied s 94(2)(b) when it determined that no persons would be affected by the building because the adverse effect of the proposal on the environment was minor—allowing the proposal to proceed on a non-notified basis was not unreasonableLocal Authority remedies misunderstanding with elderly vendor in property re-purchase agreement
Case notesValuation of property for re-purchase—reliance by Council on valuer’s expertise—Council did not disclose information about recent comparable sales—perceived threat to withdraw unilaterally from transaction—Council’s intention to offer vendor opportunity to seek release from contract—apology and ex gratia payment offered for misunderstanding