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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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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.
33 Resources Show all
Request 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 applyLocal Authority provided unreasonable advice regarding its investigation process
Case notesWhether the Local Authority (District Council) reasonably provided advice to complainant regarding an investigation it was undertaking into a Code of Conduct complaint—Ombudsman of the view that the Council erred in this respectRequest 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 releaseLocal Authority not unreasonable to enforce pool fence requirements despite previous decisions
Case notesLocal Authority previously allowed existing fence of swimming pool—new inspection revealed old decisions wrong—complainant considered change unfair—Ombudsman concluded Council entitled to insist on regulationsRequest for handwritten comments on draft walking and cycling strategy
Case notesRelease would inhibit willingness of Council staff to provide free and frank opinions on drafts circulated by colleagues, or to test the content and recommendations of such documents, which would undermine the accuracy and value of the material that eventuates—s 7(2)(f)(i) appliesRequest for Policy Advisory Group briefings to Prime Minister about infant formula threat
Case notesSection 9(2)(f)(iv) applies to PAG briefings to Prime Minister subject to public interest test— relationship between PAG and the Prime Minister, in his or her constitutional role as leader of the Government, is unique—complete confidentiality in interactions with his or her closest advisers is required to support the Prime Minister in carrying out that roleLocal Authority not unreasonable to issue Trespass Notice in the circumstances
Case notesWhether the District Council was reasonable to issue a Trespass Notice to the complainant and whether the complainant was given the opportunity to review the Council’s case against her—Ombudsman concludes the action was justifiedAdequacy of ex gratia payment to remedy mistake by Customs
Case notesNZ Customs officer rejected passenger on flight because water damage on passport—Ombudsman found officers failed to process the passport adequately and caused considerable cost to passenger because of this failure—complainant upheld and complainant received full payment to cover financial lossesRequest for information regarding rental housing warrants of fitness
Case notesSection 9(2)(f)(iv) provides good reason to withhold some documents—Cabinet decision making incomplete—publicity from release would impede the Cabinet and Minister from making balanced, efficient and effective decision—Minister had addressed public interest in participation and accountability through disclosure of bulk of information at issueLocal Authority not unreasonable to hold that right of way issue is a civil matter
Case notesWhether the Council was unreasonable to suggest that a right of way dispute between neighbours was a civil matter—Ombudsman found Council’s advice to have been reasonableRequest for Pre-Cabinet précis briefings
Case notesDisclosure of short and incisive pre-Cabinet briefings and risk assessments would inhibit future expression of free and frank opinionsDepartment of Internal Affairs provides reasonable service and advice to traveller on temporary passport
Case notesWhether the Department of Internal Affairs (DIA) reasonably handled revalidation of a passport for New Zealand citizen travelling on temporary passport—Ombudsman concluded DIA had made every effort to inform the complainant of the steps needed to have his passport validatedRequest for details of risk management processes
Case notesRequest for details of risk management processes—relevant documents provided apart from the ‘risk register’—register consisted of free and frank expressions of opinion—release might undermine risk management strategy—public interest met by release of Risk Management PolicyRequest for information about governmental lending programme
Case notesRequest for information about Low Deposit Rural Lending Programme—request refused—factual information released—some information withheld to protect orderly process of government and commercial interestsRequest for report on conservation values of West Coast forests
Case notesRequest for report on conservation values of West Coast forests managed by Timberlands West Coast Ltd—request refused—factual information released—balance struck between public interest in withholding advice to Minister and countervailing public interest in public being adequately informed of issuesRequest for advice on bulk funding of schools
Case notesRequest to Minister of Education for advice on bulk funding of schools—information withheld on grounds of confidentiality of advice, free and frank opinions, and prejudice to negotiations—release of information likely to create uncertainty and affect adversely subsequent public debate on optionsRequest for information relating to industrial relations section of coalition agreement
Case notesRequest for information relating to the implementation of clauses in the industrial relations section of the coalition agreement—information withheld to protect confidentiality of advice and free and frank opinion—account taken of changed political environment with the advent of MMP and formation of coalition—release of early papers prior to consultation with coalition partner could undermine constitutional conventionLocal 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 misunderstandingLocal Authority revises time limits for oral submissions on draft annual plan
Case notesAnnual Plan—special consultative process—amount of time to be allowed for oral submissions—s 716A of the Local Government Act 1974Local Authority agreed its processes were inadequate when it removed vehicle from public street
Case notesVehicle removed by Local Authority in street—car had no registration sticker, was removed in accordance with ss 356(2) and (5) of the Local Government Act 1974 and stripped and crushed at a local tip—complainant claimed unfair process and investigation indicated a dispute of facts between the two parties about the time the car had been parked—Ombudsman found Authority’s records of actions inadequate—due process not followed—Authority accepted opinion—agreed to compensate for loss of the vehicle, apologise and to improve clarity of guidelines and procedures for record keepingLocal Authority determines adverse effect for non-notified resource consent
Case notesNon-notified resource consent application for consent to erect second storey to property—neighbour denied objection and appeal rights—interpretation of s 94 of the Resource Management Act 1991City Councillors can challenge Council’s decisions through Council’s Regulatory Committee, not Ombudsman
Case notesDecision of Council not to notify application for resource consent—request by Councillor for review of decision—insufficient personal interest—Resource Management Act 1991, s 94—Ombudsmen Act 1975, s 17(1)(b)Department of Conservation resolves impasse concerning ivory-key piano held by New Zealand Customs
Case notesRefusal to release piano imported from United Kingdom—family heirloom from 1920s—need for approval of Department of Conservation under CITES because of ivory content—conflict between New Zealand legislation implementing CITES and European Community Regulations—impasse resolved by acceptance of statutory declaration by family—conflict to be raised with CITES SecretariatDistrict Council agrees to backdate effect of rate fee to when notice of ownership received
Case notesRating—uniform annual general charges levied on adjoining properties—local authority not notified that adjoining properties were occupied by same ratepayer—application for a refund on the basis that only a single uniform annual general charge was payable—Rating Powers Act 1988, ss 21(1) and 23.Local Authority required to clarify ‘original ground level’ for purposes of resource consents under District Plans
Case notesPoints of reference for measurements for height dispensations—need for clarity in district plansCouncil ameliorates non-notified development plan where neighbours adversely affected
Case notesLocal Authority did not notify application for subdivision consent but neighbours claimed they were affected by it and following Ombudsman’s inquiries, Council agreed to ameliorate offending features of development—the complaint was therefore resolved to complainants’ satisfaction