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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.
Reports
Reports include OPCAT, disability rights, official information practice and systemic investigation.
Outreach
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 annual reports and strategic intentions.
Projects, reference and data
This includes our official information complaints data, updates on investigations and other projects, and submissions by the Ombudsman.
View all projects, reference and data
Template letters and work sheets
These template letters and work sheets can be used by agencies to help respond to official information requests.
27 Resources Show all
Request for information about volunteer rural constabulary programme
Case notesSection 9(2)(f)(iv) OIA applied to briefing from New Zealand Police to Minister—negotiations between coalition partners were still required, and disclosure would have prejudiced the orderly and effective conduct of the Government’s decision making proceDecision to implement locked cell policy
Case notesComplaint about the negative effects of implementing a locked cell policy in the Kaaka North and South pods at Northland Region Corrections Facility – Chief Ombudsman found that the implementation was unreasonable – the significant consequences (lack ofRequest for information about death in custody
Case notesRequest for all correspondence about death in custody—unreasonable to rely on sections 9(2)(a) and 9(2)(ba)(i) without compiling and reviewing the information—subsequent reliance on section 18(f) (substantial collation or research) also unjustified—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.Request 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.Declined request for dispensation regarding school Transport Entitlement Zone
Case notesA family asked the Board of Trustees (the Board) of School A for dispensation to allow their child to access bus services to attend School B.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 moneyDepartment 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 draft advice on establishing a reserve
Case notesRelease of early and annotated advice would inhibit the free and frank exchange of opinions between officials drafting advice—general public interest in transparency had been met by disclosure of technical papers that formed the basis of the advice to the Minister, together with the final advice paperRequest for draft ministerial and chief executive correspondence
Case notesRelease of draft ministerial and chief executive correspondence would inhibit the free and frank expression opinions—s 9(2)(g)(i) appliesRequest for draft document on Starting Price Adjustment Input Methodology
OpinionsFor the reasons set out below, I am of the opinion that the Commerce Commission was entitled, under section 9(2)(g)(i) of the Official Information Act 1982 (OIA), to withhold a copy of a draft of a Starting Price Adjustment Input Methodology requeDepartment of Corrections reasonable to seek removal of prisoner from study course in some circumstances
Case notesWhether the Department of Corrections was reasonable to request the tertiary institution to remove a prisoner from a course at a polytechnic—Ombudsman found Department’s decision to have been reasonable in partInvestigation of the Department of Corrections in relation to the transport 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. On 25 August 2006, prisoner Liam Ashley died as a result of injuries sustained while being transported in a van with other prisoners. Liam was aged 17, and had been the subject of violence by a 25 year old prisoner who was subsequently convicted of Liam’s murder. The Corrections Act 2004 aims to ensure that “custodial sentences and related orders … are administered in a safe, secure, humane, and effective manner”. It is a fundamental responsibility of the Department to achieve this.Request for advice and ‘think piece’ on reprioritisation or savings in Vote Education
Case notesDisclosure of internal discussion documents and advice to Ministers would prejudice ongoing decision making process—disclosure of internal ‘think piece’ would inhibit future expression of free and frank opinions by officials—ss 9(2)(f)(iv) and 9(2)(g)(i) provide good reason to withholdRequest for draft briefings to the incoming government
Case notesDisclosure of draft briefings to the incoming government would make officials reluctant to be so free and frank in expressing their initial and untested views and cause them to prefer less efficient and transparent verbal exchanges—section 9(2)(g)(i) appliesDepartment 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 mainstreamDepartment 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 necessaryUniversity Council cannot exclude public from meetings on basis of members needing ‘free and frank’ discussion
Case notesExclusion of public from part of meeting—adequacy of grounds for exclusion—free and frank expression of opinion not a sufficient basis to exclude the public—Local Government Official Information and Meetings Act 1987, s 48(1)(a)(ii)University Appointment processes should provide better information to applicants
Case notesUnsuccessful applicant for a senior university appointment—alleged procedural unfairness—lack of clarity about processes and rights of appeal