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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.
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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.
46 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.Request for agency peer review of Family Violence Death Review Committee draft annual report
Case notesRelease of free and frank comments made in the context of peer reviewing a draft annual report would inhibit the expression of similar comments in future—s 9(2)(g)(i) appliedRequest for fisheries catch reports
Case notesSection 9(2)(ba)(i) OIA applied—information compelled under an enactment—difficulties in monitoring compliance meant there was a strong reliance on accurate self-reporting—release would be likely to prejudice the future supply of accurate information frRequest for cost of recruiting Vice-Chancellor
Case notesRelease of total cost would not unreasonably prejudice third party’s commercial position—no specific negotiations—release of total costs would not deter businesses from treating with government—public interest in accountability for spending public moneyReport 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.Request for price of successful tenderer (weekly license fee to operate and occupy Riverbank Market)
Case notesNo need to withhold successful tender price—s 7(2)(i) does not apply—public interest in release to promote integrity and transparency of tender processRequest for due diligence report, site visit reports and reference checks
Case notesSection 9(2)(ba)(i) applies in part to the due diligence report and to the correspondence from supplier—public interest in accountability of Department for steps taken to satisfy itself regarding supplier’s performance—sections 9(2)(ba)(i) and 9(2)(g)(i) apply to information obtained from site visits, but not to the executive summary of the reports—public interest in accountability for decision to award contract—sections 9(2)(ba)(i) applies to reference checks—release would deter referees from providing full and complete information in future—public interest requires release of summary information about the reference checksReport 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.Request for information associated with PHARMAC’s 2016/17 budget bid
Case notesPHARMAC did not have a commercial position and was not engaged in commercial activities—s 9(2)(j) applies to information about PHARMAC’s willingness to pay for pharmaceuticals but not to PHARMAC’s indicative budget in out-yearsRequest for correspondence about Total Mobility Scheme
Case notesRevealing the respective positions and concerns of the parties to the negotiation would lead to reduced cooperation and information sharing, and decrease likelihood of compromise—s 7(2)(i) appliesRequest for amount budgeted for staff remuneration
Case notesReleasing staff remuneration budget would undermine the Council’s bargaining position and prejudice ability to negotiate effectively with staff and representatives—s 7(2)(i) appliesRequest for approved codes of ethical conduct for animal testing
Case notesSection 9(2)(ba)(i) OIA did not apply—25 of 26 code holders had voluntarily released their codes—no obligation of confidence—release of ‘benign’ information would not be likely to prejudice the future supply of similar information—information releasedRequest for information about Hauraki Treaty negotiations
Case notesRelease would prejudice the goodwill of the parties and the progress of the negotiations—s 9(2)(j) appliesRequest for draft job sizing reports
Case notesReports formed an early stage of developing options for consideration and consultation— disclosure would likely inhibit the willingness of officials and consultants to tender a wide range of preliminary options, and to canvass issues in comprehensive written form, to the detriment of prudent and effective decision makingDepartment 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 instanceRequest for CERA property valuation reports
Case notesMuch of the information already available to the requesters—disclosing the remaining information about how the valuations were reached would not prejudice or disadvantage CERA in negotiations with property owners, but make the negotiations more robust with both sides fully informed—strong public interest in disclosure to address power disparity between negotiating parties—s 9(2)(j) does not provide good reason to withholdRequest 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 partRequest for costing and liability information concerning the grounding of the MV Rena
Case notesRelease of information about costs incurred in responding to the grounding would give advance notice of the Crown’s negotiating position—s 9(2)(j) applies but not to information that was known to both parties and in the public domainRequest for information about senior employee’s departure and personal expenses
Case notesSection 9(2)(a) OIA applied—privacy and confidentiality in employment context—s 9(2)(ba)(ii) OIA applied—settlement agreement contained express obligation of confidence—release would be likely to damage the public interest by making it more difficult toRequest for information about Police investigation into complaint against Minister
Case notesSection 6(c) OIA did not apply—no prejudice to the maintenance of the law in circumstances where the investigation had concluded and no charges had been laid—s 9(2)(a) applied—high privacy interest given the nature of the allegations and the fact that nRequest for information about investigation of ECan’s performance
Case notesSection 9(2)(ba)(i) OIA did not apply to interview notes in their ‘totality’—however, it applied to names and identifying details—express obligation of confidence—release would be likely to prejudice the future supply of similar information—it is in theRequest for information about Half Moon Bay Marina arbitration
Case notesSection 7(2)(c)(ii) LGOIMA applied—obligation of confidence under Arbitration Act 1996—release would be likely to damage the public interest in maintaining the integrity of the arbitral process, and reduce the effectiveness of arbitration as a means forRequest 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.