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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.
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Reports include OPCAT, disability rights, official information practice and systemic investigation.
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Contains our media releases, newsletters, pamphlets, speeches and fact sheets. Fact sheets are published in multiple language and accessible formats.
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This includes our official information complaints data, updates on investigations and other projects, and submissions by the Ombudsman.
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Template letters and work sheets
These template letters and work sheets can be used by agencies to help respond to official information requests.
49 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.Immigration New Zealand’s consideration of a section 61 visa request regarding complainant's family role, reasonably considered
Case notesWhether the approach taken by Immigration New Zealand (INZ) about the exercise of absolute discretion when determining requests for a visa under section 61 of the Immigration Act 2009 was reasonable—in this case whether INZ considered relevant considerations including whether it had considered the complainant’s submissions about the active role he had in raising his New Zealand citizen partner’s daughter—Chief Ombudsman concludes INZ’s consideration of the request was reasonableImmigration New Zealand’s consideration of a section 61 visa request deficient
Case notesWhether the approach taken by Immigration New Zealand (‘INZ’) about the exercise of absolute discretion when determining requests for a visa under section 61 of the Immigration Act 2009 was reasonable—in this case whether INZ considered relevant considerations including whether it had considered the complainant’s submissions about the health of his New Zealand citizen child—Chief Ombudsman concludes aspects of INZ’s decision-making processes were deficientImmigration New Zealand’s decision on section 61 visa request regarding complainant's safety, reasonably considered
Case notesWhether the approach taken by Immigration New Zealand (‘INZ’) about the exercise of absolute discretion when determining requests for a visa under section 61 of the Immigration Act 2009 was reasonable—in this case whether INZ considered relevant considerations including whether the complainant had legitimate concerns about his alleged safety if he was to return to his home country—Ombudsman concludes INZ’s decision making was reasonableImmigration New Zealand’s decision on section 61 visa request reasonably considered
Case notesWhether the approach taken by Immigration New Zealand (INZ) about the exercise of absolute discretion when determining requests for a visa under section 61 of the Immigration Act 2009 was reasonable—in this case whether INZ considered relevant considerations regarding international conventions that protect the rights of a child—Ombudsman concluded INZ’s decision-making process was reasonableReport 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.Cancellation of transport card and refusal to refund money stored on the card
Case notesA complaint was made against Auckland Transport (AT) about its cancellation of an ‘AT HOP’ card used by commuters on Auckland’s public transport system.Local Authority’s efforts to mitigate effects of resource consent errors not unreasonable
Case notesLocal 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 consentLocal Authority’s Code of Compliance Certificate on drainage reasonable in circumstances
Case notesLocal 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 problemRegional Authority decision on resource consent for pergola on non-notified basis not unreasonable
Case notesRegional 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 1991Local Authority’s Trespass Notice unreasonable in circumstances
Case notesLocal 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 recommendationsLocal Authority did not act unreasonably in remedying damage following tree removal
Case notesLocal 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 unreasonablyDepartment 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 instanceImmigration New Zealand reasonable to conclude permit-holder working outside visa conditions and to issue Deportation Liability Notice
Case notesImmigration New Zealand (INZ) issued a Deportation Liability Notice (DLN) when complainant was observed working at a restaurant and outside conditions of work visa—Ombudsman found INZ’s decision reasonable in the circumstancesAssociate Minister of Immigration’s private secretary reasonably triages AMOI intervention requests
Case notesWhether Private Secretary for Associate Minister of Immigration (AMOI) acted unreasonably by not referring the complainant’s request for intervention to the AMOI—Ombudsman concludes AMOI practice for Private Secretary to triage, reasonableImmigration New Zealand reasonable to decline section 61 Visa request
Case notesImmigration New Zealand (INZ’s) decision to refuse complainant’s request for a visa under section 61 of the Immigration Act 2009, reasonable in the circumstances—issue concerned ‘shared care’ arrangement and whether INZ took this into account—complaint not upheldReport 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.Charge for supply of information about Maori interests in the management of petroleum
Case notesCharge avoided by allowing inspection subject to conditionsImmigration New Zealand unreasonable to rely on inaccurate and prejudicial health information when declining permit
Case notesWhether Immigration New Zealand was reasonable to decline to grant a work permit on health grounds because the applicant had active multidrug-resistant tuberculosis—Ombudsman concluded INZ policy and case law requires an applicant to be given a reasonable opportunity to comment on information which is potentially prejudicial to an application before a decision is madeImmigration New Zealand conducts unreasonable interview for residence applicant
Case notesImmigration New Zealand (INZ) accepts its interview of residence applicant had been unreasonable and offered fresh assessment following Ombudsman’s investigationDepartment of Internal Affairs not unreasonable to follow legislation regarding citizenship application for adopted Russian child
Case notesCitizenship—citizenship by descent approval dependent on overseas clarificationLocal Authority unreasonably created expectation concerning amenity design
Case notesLocal Authority refused to redesign toilet block as promised—Ombudsman considered advice to complainant unreasonable—Council then agreed to redesignCharge 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 access to papers deposited in National Archives
Case notesRequest 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 information relating to candidacy for Director-General of World Trade Organisation
Case notesRequest for specific information relating to Rt Hon Mike Moore’s candidacy for Director-General of the World Trade Organisation—request declined under s 6(a)—release would be likely to prejudice New Zealand’s international relationsRequest for reports held by Ministry of Commerce
Case notesApplication 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