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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 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.
42 Resources Show all
Privacy: A guide to section 9(2)(a) of the OIA and section 7(2)(a) of the LGOIMA
Official informationThis is a guide to the privacy withholding ground found in section 9(2)(a) of the OIA and section 7(2)(a) of the LGOIMA.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 proceRequest for email between journalist and source
Case notesSection 9(2)(a) OIA did not apply—one party consented to release—both parties acting in their professional capacities—information already in the public domain—s 9(2)(ba)(ii) did not apply—no blanket confidentiality for all communications with journalistDecision 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 ofDecision to release tender information in response to Official Information Act request
Case notesComplaint about a decision to release information under the Official Information Act—Ministry consulted adequately with affected party—Ministry took into account affected party’s submissions, all relevant considerations, principle of availability, legisRequest for average remuneration of 10 highest paid staff broken down by gender
Case notesSection 9(2)(a) OIA applied—small numbers in top 10 meant there was a real likelihood release could reveal fairly accurate salary information about identifiable individuals—withholding necessary to protect their privacy—s 9(2)(i) did not apply—insufficiRequest 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 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) appliedImmigration 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 reasonableRequest for names of staff involved in sending email to parents about Pink Shirt Day
Case notesSection 9(2)(a) OIA applied—correspondence with the requester and information supplied by the New Zealand Police suggested the requester would approach the staff outside of the official complaints process, and may have behaved in an abusive and threatenReport 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 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 names of guests invited to Mayor’s Christmas function
Case notesSection 7(2)(a) LGOIMA applied—low privacy interest in the names of the guests—as guests were representatives of local businesses or other organisations the information was more about their public lives than their private ones—the function was a publicRequest for information about decision to grant diversion
Case notesSection 9(2)(a) OIA applied—withholding necessary to protect highly private details of alleged offender’s personal life—public interest in accountability for the Police decision to grant diversion in contentious circumstances required disclosure of summRequest 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 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 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 upheldRequest for offender’s photo on police file
Case notesRape victim sought photograph of attacker whose face she had never seen—Police refused the request to protect the privacy of the offender—s 9(2)(a) applied—public interest in assisting victims of crime to recover from trauma and move on with their lives—balance of competing privacy and public interest considerations needed to be made—appropriate to make photograph available for viewing subject to appropriate conditionsRequest for qualifications and work history of staff at Polytechnic Department
Case notesRequest for details about staff at Polytechnic—withheld under s 9(2)(a) to protect privacy—public interest in ensuring employment practices of Polytechnic are transparent and fair—met by summary release of staff details and selection processRequest for names and email addresses of people consulted on draft speech
Case notesRecipients and senders of emails consulted—disclosure would not inhibit senior public servants from expressing free and frank opinions in future—however others would be inhibited