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  • Report on an unannounced follow-up inspection of Arohata Prison

    OPCAT reports
    In 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 follow-up inspection of Manawatu Prison

    OPCAT reports
    In 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 follow-up inspection of Rolleston Prison

    OPCAT reports
    In 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 Christchurch Men's Prison

    OPCAT reports
    Christchurch Prison is one of New Zealand’s larger prisons, and the largest in the South Island.
  • Ministry of Health policy on reimbursement of expenses for house modification unreasonable

    Case notes
    Whether the Ministry of Health’s policy to require prior approval for funding for house modification was reasonable—Ombudsman concluded it was not
  • Decisions of PHARMAC to fund Opdivo and Keytruda

    Case notes
    A complaint was made to the Ombudsman that PHARMAC took too long to approve the May 2015 application to fund the metastatic melanoma cancer drug Keytruda.[1]
  • Health and Disability Commissioner not unreasonable to refer matter to Medical Council without advising complainant

    Case notes
    Whether the Health and Disability Commissioner legally or otherwise required to inform complainant of a referral made to the Medical Council of New Zealand—Ombudsman concluded HDC not bound to divulge this information
  • Report on an unannounced inspection of Spring Hill Corrections Facility

    OPCAT reports
    Spring Hill Corrections Facility (the Prison) opened in 2007. The Prison accommodates male prisoners with security classifications ranging from minimum to high, as well as a growing remand population. Currently, it has an operating capacity of 1038.
  • Report on an unannounced inspection of Hawke's Bay Regional Prison

    OPCAT reports
    Hawke’s Bay Regional Prison was opened in 1989. The Prison accommodates male prisoners with security classifications ranging from minimum to high, as well as a growing remand population.
  • Cancellation of transport card and refusal to refund money stored on the card

    Case notes
    A complaint was made against Auckland Transport (AT) about its cancellation of an ‘AT HOP’ card used by commuters on Auckland’s public transport system.
  • Ministry of Health agrees to increase what was an unreasonably low offer of ex gratia payment

    Case notes
    Ministry of Health’s decision in December 2016 to offer complainant $8000 by way of an ex gratia payment for mistakes made by the Ministry and lengths complainant had to go to in having the Funded Family Care hours reinstated unreasonable—Ministry of Health agreed to increase the amount following the complaint.
  • Department of Corrections unreasonably declines computer access to inmate

    Case notes
    Access to computer suite in prison denied—Ombudsman found this unreasonable—Corrections agreed to reconsider the inmate’s request and to review criteria for use—also that computer facilities at prison be reviewed to ensure availability to prisoners who meet criteria for assistance with litigation
  • Department of Corrections not unreasonable to decline face to face interview between prisoner and journalist in particular case

    Case notes
    Prisoner requested face to face interview with journalist—request declined—Ombudsman noted journalist had offered to conduct interview by AVL, notwithstanding preference for face to face—Ombudsman concluded that on this basis Department had not acted unreasonably in this instance
  • Local Authority’s efforts to mitigate effects of resource consent errors not unreasonable

    Case notes
    Local Authority decision about wall constructed on boundary—Council erred by not requiring resource consent and then offered assistance to owners to lodge application—complainant considered Council unfair not to offer assistance to him to oppose the consent
  • Local Authority’s Code of Compliance Certificate on drainage reasonable in circumstances

    Case notes
    Local Authority decision on detection of cross connection piping problem not unreasonable—Body Corporation of building forced to pay costs—question whether Code of Compliance Certificate should have been issued—Ombudsman concluded Council not aware of problem
  • Regional Authority decision on resource consent for pergola on non-notified basis not unreasonable

    Case notes
    Regional Authority’s decision to grant resource consent for a pergola on a non-notified basis was reasonable in the circumstance—permitted baseline test under section 95E of the Resource Management Act 1991
  • Local Authority’s Trespass Notice unreasonable in circumstances

    Case notes
    Local Authority issued Trespass Notice for two years at sports stadium—Ombudsman noted serious misconduct on part of complainant to warrant action but trespass sanction extreme—complaint sustained and Council implemented Ombudsman’s recommendations
  • Local Authority did not act unreasonably in remedying damage following tree removal

    Case notes
    Local Authority—removal of two pohutukawa trees—Council agreed to mitigate loss of these in conjunction with the land owner—Ombudsman considered Council did not act unreasonably
  • Ministry of Health’s decision following audit of aged care facility not unreasonable

    Case notes
    Ministry of Health’s HealthCERT not unreasonable to issue an aged care facility with ‘partial attainment’ in its August 2016 surveillance audit
  • 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
  • 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.
  • 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.
  • 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
  • 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
  • Report on complaints arising from aerial spraying

    Systemic investigations
    In June 2003 I received complaints from Ms Jane Schaverien, then of Auckland but now of Wellington, to investigate under the Ombudsmen Act 1975 the question whether the information given to Ministers by the Ministry of Agriculture and Forestry was inadequate regarding the possible dangers associated with the widespread concentrated use of Foray 48B in West Auckland, and in relation to the Ministry of Health, whether the Ministry had failed to pursue its responsibilities under the Health Act, 1956, or had abdicated those responsibilities in favour of the Ministry of Agriculture and Forestry. In September 2003 I received a complaint from a Hamilton resident, Ms Michelle Rhodes, in generally similar terms regarding the Ministry of Agriculture and Forestry. These complaints arose from the aerial spraying operations carried out on behalf of the Ministry of Agriculture and Forestry in West Auckland to eliminate the Painted Apple Moth, and in parts of Hamilton to eliminate the Asian Gypsy Moth. In relation to West Auckland these operations began on a comparatively small-scale in January 2002, they were continued on a much larger scale through to May 2003, and were finally completed in May 2004.
  • Report on issues involving the criminal justice sector

    Systemic investigations
    The following is my report consequent on a reference directed to me by the Prime Minister to investigate the administration of the criminal justice system. The Terms of Reference directed to me are attached as Appendix A. By agreement the reporting date was extended to 1 December 2007. I note that my report is to be tabled in Parliament. My investigation has been conducted in accordance with the provisions in the Ombudsmen Act 1975.
  • Corrections unreasonable not to pay for inmate’s glasses for re-integration programme

    Case notes
    Long serving prison inmate required glasses to participate in reintegration programme and work in prison tailor shop—Department of Corrections refused to pay for glasses unless inmate would refund them through his prison earnings—inmate later found out Department had paid for another inmate’s glasses in full—Ombudsman sustained complaint that inmate was not treated fairly—refund to inmate of money paid recommended.
  • Local Authority unreasonably created expectation concerning amenity design

    Case notes
    Local Authority refused to redesign toilet block as promised—Ombudsman considered advice to complainant unreasonable—Council then agreed to redesign
  • Request for access to papers deposited in National Archives

    Case notes
    Request for access to certain papers deposited in National Archives—request declined on basis that access to the papers was restricted—condition made by former Minister at time of deposit that access subject to his consent—he declined to give consent—release would be contrary to specified enactment—Archives Act 1957, s 20(1)
  • Request for reports held by Ministry of Commerce

    Case notes
    Application of Companies Act 1993, s 367(2)—information withheld pursuant to s 367(2)—investigation showed s 367(2) applied to information at issue—investigation under Ombudsmen Act precluded—right of appeal to High Court available under Companies Act—Ombudsmen Act 1975, s 13(7)(a); Companies Act 1993, ss 365, 367(2), 368
  • District Council accepts wider interpretation of ‘household’

    Case notes
    Imposition of two sewer charges—whether complainant’s mother part of the ‘household’— interpretation of Rating Powers Act 1988, s 30
  • Local Authority required to ensure potable water condition meets standards

    Case notes
    Complaint about potable water condition of subdivision consent where supply did not meet requirements under New Zealand Drinking Water Standards 1984 (revised 2005 and 2008)—Ombudsman found local authority failed to interpret data correctly before issuing resource consent on the subdivision—the water quality was substandard and the local authority provided incorrect advice about improving the quality—the local authority was required to compensate the complainants who had to obtain potable water from another source