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- Making official information requests: a guide for requesters
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These template letters and work sheets can be used by agencies to help respond to official information requests.
37 Resources Show all
Report on an unannounced inspection of Whanganui Prison - 4 September 2018
OPCAT reportsThe following report has been prepared in my capacity as a National Preventive Mechanism under the Crimes of Torture Act 1989 (COTA). My function under the COTA is to examine and make any recommendations that I consider appropriate to improve the treatment and conditions of detained persons in a number of places of detention, including prisons. This report examines the treatment and conditions of persons detained in Whanganui Prison.Request for information about ERO review
Case notesSection 9(2)(ba)(i) OIA applied to information obtained from participants in review—express obligation of confidence—release would be likely to prejudice the future supply of information by participants—it is in the public interest for ERO to receive coRequest for draft report prepared by PwC on Auckland Stadium
Case notesReport refused because it was in draft form and commercially sensitive—parts of report withholdable however no basis for blanket withholding—strong public interest in release of report in partReport on an unannounced follow-up inspection of Christchurch Women's Prison - 4 April 2018
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.Request for draft guidelines on religious instruction and observance in schools
Case notesOfficials still in the process of drafting—premature disclosure in advance of the planned public consultation process was not in the overall public interestReport on an unannounced inspection of Arohata Upper Prison - 21 March 2018
OPCAT reportsThe Upper Prison was facing considerable challenges. Resources, infrastructure and staffing were under pressure, which was compounded by the geographical separation from the administrative centre at Tawa. Day-to-day operating systems and arrangements for dealing with women were not fully embedded. Reception and induction processes were poor, and information for foreign prisoners was not available. Significant delays in access to personal property were a source of frustration for many women, reflected in the growing number of complaints and misconducts.Request for draft reports prepared by EY on Information Services
Case notesDraft reports were in fact final reports—some information publicly available—negotiations had been concluded—neither s 7(2)(c)(ii) nor s 7(2)(i) apply—significant public interest in release to promote transparency of Council’s decision making processes and accountability for expenditure of ratepayer moneyRequest for statistics on allegations of assault by Corrections staff
Case notesRequirements of Operations Manual meant source information to answer request should be held—manual compilation is not creation—s 18(g) does not apply—unreasonable to rely on s 18(f) when the fundamental difficulty in providing the information was down to the Department’s own administrative lapsesDepartment of Corrections staff to follow legislative requirements when segregating inmate
Case notesDepartment of Corrections held prisoner in Management Unit without following required procedure—segregation legislation and regulations are clear and prescriptiveRequest for Skypath business case and procurement plan
Case notesReleasing business case and procurement plan would unreasonably prejudice the commercial position of the private partner in a public private partnership—withholding strengths and weaknesses of negotiating position necessary to enable Council to carry on negotiations without prejudice or disadvantage—ss 7(2)(b)(ii), 7(2)(c)(i), 7(2)(i) applyRequest for draft internal review of International Visitor Survey
Case notesInternal review still in draft form—redacted comments comprised preliminary views of individual within agency—s 9(2)(g)(i) applied—no overriding public interest in disclosureRequest for email communications between councillors relating to industrial dispute
Case notesDisclosure of informal emails between councillors in highly sensitive context would inhibit future expression of free and frank opinions—s 7(2)(f)(i) provides good reason to withholdRequest for draft report to Ombudsman
Case notesRelease of draft report to Ombudsman would inhibit the free and frank expression of opinions—s 9(2)(g)(i) appliesRequest for information about assessment of community organisation as approved community service
Case notesSection 9(2)(a) OIA did not apply to correspondence from the chair of the community organisation—the fact that a person signed a letter does not necessarily make that letter personal information about them—signatory was acting in his professional capaciInvestigation 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.Submission 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 communications strategy relating to legal aid reform
Case notesRequest for information about a communications strategy—s 9(2)(g)(i) provides good reason to withhold two sentencesRequest for comments generated during OIA decision making process
Case notesDisclosure would inhibit advisors or officials from expressing or recording free and frank advice on OIA requests in the future—good reason to withhold under s 9(2)(g)(i)Request for draft press releases
Case notesRelease would impact on the effectiveness of the process of drafting press releases in future, because officials would be reluctant to be candid or to openly express their initial thoughts in writing—s 9(2)(g)(i) appliesRequest for draft ministerial inquiry report
Case notesRelease of early and annotated draft would inhibit ministerial appointees from expressing free and frank opinions in future and sharing drafts with the Ministry of Justice—public interest met by availability of final report—s 9(2)(g)(i) appliesRequest for information concerning review of Oil Pollution Fund and MNZ’s preparedness to respond to oil spill
Case notesConsulting with requester in fulsome way removed reason for refusalRequest for policy advice behind merger of Archives and National Library
Case notesRelease of formal advice to Ministers about abandoned options after decisions had been made would not inhibit the free and frank expression of opinions by officials—s 9(2)(g)(i) does not applyInvestigation of the Department of Corrections in relation to an incident of self-harm at Christchurch Women’s Prison and the issuing of strip gowns to prisoners at risk of self harm
Systemic investigationsIn July 2009, in accordance with the Protocol made pursuant to section 160 of the Corrections Act, I received notification from the Department of Corrections of an incident of prisoner self-harm that had occurred in the At-Risk Unit (ARU) of Christchurch Women’s Prison (CHWO).Investigation of the Department of Corrections in relation to an incident of self-harm at New Plymouth Prison and the Department’s disposable safety razor policy
Systemic investigationsOn 11 May 2009, the Department of Corrections instituted a new national policy on razor blades for prisoners. The purpose of the policy was to reduce the number of incidents involving razor blades. It applied to those prisoners accommodated in High Security, Remand and Youth Units. These prisoners would no longer be allowed to stockpile or keep issue razor blades. The aim of the policy was interpreted as intending to limit the opportunity for self-harm by misuse of razor blades.Department of Corrections made errors in documentation but parole hearing set correctly
Case notesWhether Department of Corrections staff failed complainant with respect to a Parole Board hearing—Ombudsman found errors in documentation but complainant not disadvantagedDepartment of Corrections unreasonable to place prisoner with mental illness in mainstream unit
Case notesWhether the Department of Corrections was unreasonable to place prisoner in mainstream unit given specific medical condition of mental illness—Ombudsman upheld complaintRequest for audit information regarding JobPlus scheme
Case notesDraft audit report was identical to final audit report—no good reason to withhold the final audit report so no good reason to withhold the draft—good reason to withhold auditor’s informal and early working papers under s 9(2)(g)(i)—disclosure of the working papers would make auditors more circumspect in what they record, and when and how they record itRequest for Minister/Chief Executive discussions
Case notesDisclosure of full record of recollection of discussion between Minister and Chief Executive would inhibit future expression of free and frank opinions—summary of recollection releasedRequest for all information about an audit
Case notesSection 9(2)(ba)(i) OIA applied to staff interview records—implied obligation of confidence—release would be likely to prejudice the future supply of information to auditors—it is in the public interest for staff members to cooperate with audits—s 9(2)(Request for auditor’s working papers
Case notesDisclosure of auditor’s scoping discussions and working papers would make auditors more circumspect in what they record, and when and how they record it—good reason to withhold under s 9(2)(g)(i)Investigation of the Department of Corrections in relation to the detention and treatment of prisoners
Systemic investigationsUnder the Ombudsmen Act 1975, it is a function of the Ombudsmen to investigate complaints relating to matters of administration affecting persons in their personal capacity against various bodies, including the Department of Corrections (the Department). Pursuant to this Act, the Ombudsmen have power to investigate complaints by prisoners about all aspects of their detention by the Department. At the end of 2004 serious issues related to the treatment of prisoners came to public attention.Request for Treasury reports
Case notesConsultation and decision making not relevant for the purposes of establishing ‘substantial collation or research’