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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.
We also have guidance on disability rights and protected disclosures.
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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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These template letters and work sheets can be used by agencies to help respond to official information requests.
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33 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 information about staff grievances and allegations of bullying
OpinionsSam Sherwood, on behalf of Stuff, made a request to Selwyn District Council for information about staff grievances and allegations of bullying.Local Authority excludes public from meeting when agenda item about water issues
Case notesComplaint about a Local Authority (the Council) to exclude the public from a part of its Audit and Risk Committee meeting regarding its discussion of agenda item relating to water quality and water restriction issues—insufficient weight was given to the public interest in the subject matter of the agenda itemRequest for corporate culture information contained in bus tender submissions
Case notesCompetitors could use the information to compare and refine their own submissions, potentially reducing the successful tenderers’ competitive advantage in future tender rounds—this would be likely unreasonably to prejudice the commercial position of the successful tenderers— s 7(2)(b)(ii) applies—public interest in accountability for the Council’s decision required release of a summary statementRequest for business plan for Christchurch Convention and Exhibition Centre
Case notesCompetitors could copy or adopt third party’s methodology and strategy and devise plans based on its established operating systems which would unreasonably prejudice its commercial position—information subject to an explicit obligation of confidence and of a confidential nature—release would damage the public interest by making suppliers reluctant to participate in future procurement processesRequest 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 partRequest for cost of digital and touch wall at new Christchurch Library
Case notesRelease would undermine supplier’s negotiations with other buyers which would unreasonably prejudice its commercial position—public interest in disclosure of information regarding Council expenditure outweighs withholding interestReport 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 interestRequest for cost of fees paid to a law firm
Case notesRelease of total fees would not unreasonably prejudice third party’s commercial positionReport 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.Early resolution of a potential water restriction to a family home
Case notesA family received notice that an agency would be severely restricting its water supply because of an overdue account. Once the Ombudsman became involved, the agency reviewed its accounts and realised it was in error. On the Ombudsman’s request, the agency apologised to the family and committed to reviewing its accounts more carefully before advising of possible water restrictions. From complaint to resolution, the issue was resolved in only 12 working days without the family suffering water restrictions.Request for expenditure on goods and services provided by Palantir Technologies
Case notesRelease of total cost would not unreasonably prejudice third party’s commercial position—public interest in accountability for spending public moneyAdministrative error leading to loss of opportunity to name a road
Case notesIn mid-2016, the owners of land containing a private road became aware that Kaipara District Council (the Council) had excluded them from a consultation process that it had initiated among residents earlier that year to determine a name for the road.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 lapsesLocal Authority not unreasonable to turn off water supply at property owned by a Trust
Case notesDecision by Local Authority to turn off water supply in building occupied intermittently—Ombudsman finds not unreasonableDepartment 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 prescriptiveLocal Authority fails to include relevant information on a Land Information Memorandum
Case notesLocal Authority omits to identify potential slippage risk on a Land Information Memorandum (LIM) issued to the complainant—Ombudsman sustains complaintRequest 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 disclosureInvestigation 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’Request for report on suicide and the media
Case notesStrong public interest in requester having access—participation in making of laws and policy— release on conditionsRequest by shareholder of a company to the Securities Commission for a copy of a report of an investigation carried out on the company
Case notesRequest by a shareholder of a company to the Securities Commission for copy of a report of an investigation carried out on the company—information withheld to protect the maintenance of the law and obligations of confidence—test for withholding under s 6(c) not met—s 9(2)(ba)(i) provided good reason to withhold some informationRequest for details of trade inquiries received by New Zealand Trade Development Board’s overseas offices
Case notesRequest for details of trade inquiries received by New Zealand Trade Development Board’s overseas offices—request declined—substantial collation and research—information could not be made available without a major disruption of the work of those offices—request withdrawnRequest for name of food outlet in outbreak of food poisoning
Case notesRequest for name of food outlet implicated in outbreak of food poisoning in circumstances where the class of outlet had received publicity—health authority satisfied with remedial measures taken—information withheld on grounds of commercial prejudice—identification and assessment of countervailing public interest considerations favouring disclosureDepartment of Corrections failed to meet requirements before placing inmate in restrictive regime
Case notesDepartment of Corrections placement of inmate on restrictive regime designed for the most disruptive inmates unreasonable because criteria for placement not met—placement deemed unreasonable—inmate immediately returned to mainstreamCouncil offers ex gratia payment to complainant following its failure to provide correct information about dispute between neighbours
Case notesAbatement notice issued in respect of non-complying structure—verbal agreement brokered by Council regarding acceptable modifications—modifications undertaken as agreed—other party to agreement disputed terms of agreement and withdrew—Council provided incorrect calculations regarding non-compliance—owner of non-complying structure incurred nugatory expenses—Council agreed to make ex-gratia payment to resolve matterDepartment of Corrections applies prison visiting rules too rigidly
Case notesSpecial family visit to inmate denied—decision contrary to Department's national standard—prison agreed to review its local instructions to ensure consistency with spirit and intent of national standardDepartment of Corrections delays prisoner release when segregation order expired
Case notesDelayed release from ‘precautionary segregation’—complaint upheld—implementation of computerised bring-up system to avoid recurrence of problem—no recommendation necessary