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  • Request for information relating to levies charged for documents

    Case notes
    Charge levied by Ministry of Fisheries—initial estimate of likely charges given—original request then ‘refined’—final charges justified—subsequent request for particular document not a new request—Ministry may require that whole or part of any charge be paid in advance
  • Request for information in electronic form

    Case notes
    Request refused on grounds that requester making a second request for information already made available in a different form—where information is held in electronic form, a requester is entitled to request that the information be made available in that manner
  • Inland Revenue Department agrees to review decision to withhold information under Tax Administration Act

    Case notes
    Inland Revenue withheld information requested by taxpayer relating to audit and prosecution and contained on taxpayer’s income tax review file and penal action file—the reason for withholding was pursuant to s 81(4)(I) of Tax Administration Act—the Department was encouraged to reconsider the discretion used in this case in light of Tax Disputes Resolution Procedures introduced subsequent to the decision having been made—IRD agreed and on review released most of the information, hence the investigation was closed as the complaint was resolved
  • Inland Revenue agrees to write-off Child Support debt in circumstances

    Case notes
    Woman was overpaid Child Support when the child was no longer in custodian’s care—despite advising the then Department of Social Welfare (now Ministry of Social Development) and the then Child Support Agency, Inland Revenue Department advised custodian she needed to repay payments—complainant custodian claimed she had no means of knowing payments were being made incorrectly—Ombudsman’s investigation indicated appropriate action had not been taken by the Department when the complainant made inquiries—as a result, IRD agreed to write-off the debt in accordance with s152 of the Child Support Act 1991 and apologise to complainant
  • Serious Fraud Office decision to withhold information under the SFO Act found not to be unreasonable in Ombudsmen Act terms

    Case notes
    The secrecy provisions of Serious Fraud Office Act 1990 and its relationship with Official Information Act were considered in an investigation involving the Serious Fraud Office—a complaint had been made to that agency about an allegation of fraud by a bank official and the agency found no evidence of fraud—the complainant pursued the matter in court, requesting information from the SFO which was declined on the basis of the SFO’s discretion to withhold information—the Ombudsman concluded the OIA did not apply to the information at issue but under the Ombudsmen Act the withholding of the information could be considered (being a decision in terms of the Ombudsmen Act)—the Ombudsman found the SFO’s use of discretion was not unreasonable