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Guides
Commonly used guides include:
- The OIA for Ministers and agencies
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- Making official information requests: a guide for requesters
Detailed guidance on the official information legislation and aspects of good administrative practice.
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39 Resources Show all
Report on an unannounced follow-up inspection of Arohata Prison
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 follow-up inspection of Manawatu Prison
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 follow-up inspection of Rolleston Prison
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 Christchurch Men's Prison
OPCAT reportsChristchurch Prison is one of New Zealand’s larger prisons, and the largest in the South Island.Report on an unannounced inspection of Spring Hill Corrections Facility
OPCAT reportsSpring 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 reportsHawke’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.Department of Corrections unreasonably declines computer access to inmate
Case notesAccess 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 litigationDepartment of Corrections not unreasonable to decline face to face interview between prisoner and journalist in particular case
Case notesPrisoner 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 instanceCharge for supply of information relating to cycling fatalities
Case notesProvision of readily retrievable information—no remission of charge for supplying the remaining information in the public interest—some information was available pursuant to a charging regime set by statute and the OIA could not override thisCharge for supply of information about a hospice
Case notesUnreasonable to refuse request after earlier deciding to supply information subject to a chargeCharge for supply of building information
Case notes$0.45 per page photocopying charge unreasonableInvestigation of the Department of Corrections in relation to the provision, access and availability of prisoner health services
Systemic investigationsThis 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.Charge for supply of correspondence regarding proposals to lower the drink-drive limit
Case notesExample of how to calculate a reasonable charge—no remission of charge in the public interestRequest for Cabinet paper on decision to retain newborn blood spot cards
Case notesDecisions had been made—information did not reveal advice that would subsequently be tendered—s 9(2)(f)(iv) does not applyRequest for report on application to enter negotiations to integrate school
Case notesWhile the report itself had been considered, it was part of a longer term process of advice—disclosure would prejudice the orderly and effective conduct of ongoing advisory and decision making processesSubmission of the Ombudsmen - Corrections Amendment Bill
SubmissionsWe 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.Request for stock take report on the Crime Reduction Strategy
Case notesReport by external consultant not advice tendered by Ministers or officials—s 9(2)(f)(iv) did not applyReport on issues involving the criminal justice sector
Systemic investigationsThe 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.Request for Treasury analysis on emissions trading scheme
Case notesInformation part of ongoing stream of work—release, with or without the context, would compromise the policy development process—s 9(2)(f)(iv) applies—overall public interest not served by disclosure of information that would undermine policy development—most advice would be released proactively when the framework document was releasedRequest for advice on daylight savings and 2011 Rugby World Cup
Case notesAnticipatory advice—no opinions or recommendations—s 9(2)(f)(iv) does not apply—public interest in disclosure—issues of national importance demand timely transparencyRequest for draft answers to parliamentary questions
Case notesDraft answers to parliamentary questions protected by s 9(2)(f)(iv)—parliamentary process sufficiently held the Minister to accountRequest for advice on electoral finance
Case notesRequest for advice generated on Government’s proposals for electoral finance—advice formed part of ongoing process and no decisions had been made—s 9(2)(f)(iv) provides good reason to withholdRequest for CAB 100 forms
Case notesRequest for all CAB 100 forms since the 2005 general election—convention of confidentiality surrounding the Government’s political consultation processes—public interest in disclosure not sufficiently compelling to outweigh the need to withhold under s 9(2)(f)(iv)—need for confidentiality extended beyond the resolution of the particular issues—at least as long as the particular governmental arrangement enduredCharge for supply of information about Maori interests in the management of petroleum
Case notesCharge avoided by allowing inspection subject to conditionsRequest for advice relating to Amendment Bill
Case notesCabinet had approved legislative proposals in principle but still key steps to be taken before Bill could be introduced to the House—confidentiality required in order to protect the executive government’s ability to develop and negotiate political support for the draft legislation, in a timely and orderly fashion—s 9(2)(f)(iv) applies—opportunities for public participation in legislative process once draft legislation introducedRequest for Ministerial briefing on citizenship review
Case notesInformation not of an advisory nature—information not related to executive government decision making process—s 9(2)(f)(iv) does not applyAuckland International Airport unreasonable to issue Trespass Notice
Case notesAuckland International Airport Ltd—Trespass Notice to shuttle driver unreasonable and unjust—penalty imposed by airport out of proportion in relation to offenceLand Information New Zealand entitled to sell property previously available for buy-back
Case notesClaim as successors for the offer-back of a disused school site—Ombudsman not wholly satisfied with some aspects of the process adopted by LINZ, but concluded that claimants could not fall within the statutory definition of ‘successor’Transpower New Zealand’s refusal to consent to construction not unreasonable
Case notesComplaint about refusal of Transpower New Zealand Ltd to allow building on property over which it had easement—Transpower refused consent—Ombudsman found its actions not unreasonableCharge for supply of information about DOC Recommended Area for Protection
Case notesAgency sought to recover cost of supplying information on the basis that it was commercially valuable—experts’ reports, submissions regarding the boundaries of the proposed Recommended Area for Protection, and deeds of agreement—no justification for charging on such a basis.Corrections unreasonable not to pay for inmate’s glasses for re-integration programme
Case notesLong 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.Request for communications between Minister of SOEs and other parties in respect of policy announcement about TVNZ
Case notesRequest for communications between Minister of SOEs and other parties in respect of policy announcement about TVNZ—information at issue comprised oral communications with Cabinet colleagues preceding policy announcement—withholding necessary to protect constitutional convention protecting collective and individual ministerial responsibility