Resources and publications
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Search guides, case notes, opinions, reports and other information. Resources and publications can also be searched by date and other options.
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More information about the resource categories on this page
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.
Corporate documents
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
Request for information about employment investigations involving social workers
Case notesSection 9(2)(ba)(ii) OIA applied—implied obligation of confidence in employment context—release would be likely to damage the public interest in maintaining good working relationships between the Department and its staff—public interest in accountabilitImmigration New Zealand unreasonably fails to accept Court Order as evidence in work permit application
Case notesImmigration New Zealand (INZ), declined an application for a work permit made under its victims of domestic violence policy—Ombudsman concluded INZ incorrect to ignore the evidence provided of domestic violence—INZ agreed to amend policy to include final protection orders as evidence of domestic violenceRequest for blood test results of 52 past or present residents of Paritutu
Case notesSection 9(2)(a) OIA did not apply—results could not be linked with identifiable individuals—information releasedInformation released to others before requester
Case notesRelease of information to others before the requester constituted undue delayRequest for reasons about non-appointment
Case notesInadequate statement of reasons – more detail and specificity necessary to meet the requirements of s 23Annual Report 2005/2006
Annual reportsDuring the year under review the Ombudsmen have placed a particular focus on how we might better relate to a wider and more diverse range of New Zealanders.Request for information relating to residential care contract
Case notesNegotiation of age-related residential care contracts not a commercial activity—s 9(2)(i) does not applyInvestigation 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 confirmation of debtor’s removal from New Zealand for purposes of insurance claim
Case notesPrivacy interest outweighed by public interest in enabling pursuit of legal rights and remediesRequest 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 withholdMinistry of Social Development should make ex-gratia payment for accidental disclosure of an informant’s identity
Case notesWhether Child Youth and Family (CYF), a service of the Ministry of Social Development (MSD) which received information from an informant about alleged offending by another individual, was reasonable to accidentally disclose the identity of this informant to the alleged offender – Ombudsman found CYF’s procedures for protecting the identity of informants had not been followed in this caseRequest 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) appliesMinistry of Culture and Heritage’s decision regarding artefact was reasonable
Case notesMinistry of Culture and Heritage—custody of bone artefactDepartment of Conservation unreasonable to cease administrative practice without notice
Case notesDepartment of Conservation to discontinue without notice a practice which people had come to reasonably rely on—Ombudsman concludes it was unreasonable to cease this administrative practice without noticeOverseas Investment Office approach to request for information in accordance with OIA guidelines
Case notesComplaint concerning Overseas Investment Office allegedly acting unlawfully in deciding to release a copy of a letter authored by complainant, in response to an OIA request—Ombudsman disagrees and considers complainant cannot ‘veto’ the release of the letterOmbudsmen’s statements made during inquiry inadmissible in evidence in any Court or other proceedings
Case notesRequirement for Ombudsman’s investigation to be conducted in private—while another party may release details of the investigation, an Ombudsman cannot as this may prejudice the Ombudsman’s investigation and breach the Privacy ActComplaint that notice of meeting did not comply with LGOIMA provisions and meeting minutes were not a true and correct record
Case notesMember of public concerned that notice of meeting did not comply with relevant LGOIMA provisions and minutes of meeting were not a true and correct record—Ombudsman satisfied that meeting notified correctly—Ombudsman formed view that allowing one member of public to address subcommittee did not amount to a public forum and printing resolution on agenda was not sufficient to meet requirements of s 48(4)(a)—Council agreed to amend minutes and take steps to ensure staff aware of legal requirementsRequest for bioequivalence studies and dissolution data
Case notesNot a trade secret but the data is subject to an obligation of confidence—risk of disclosure to competitors would make drug suppliers less likely to enter the New Zealand market—s 9(2)(ba)(ii) appliesReport on a complaint against the Southern Institute of Technology by six former students
Systemic investigationsIn December 2002 I received a complaint by six former students of the Southern Institute of Technology, (the Institute), who in 1999 had been enrolled in the National Certificate in Social Services programme conducted by it.Transfer of request for information on Bill from Ministry of Justice to Associate Minister
Case notesResearcher complained that transfer had the effect of narrowing the scope of his request— complaint reviewed under OA—information ‘more closely connected’ to functions of Associate Minister—decision to transfer request was reasonableRequest for performance reviews of ACC third-tier managers
Case notesRequest for performance review information of two ACC employees holding third-tier management positions—s 9(2)(a) applied—requester believed ACC granted bonuses to employees who exited claimants from ACC scheme—public interest in release of generic information about ACC performance management processRequest for public submissions made on a discussion document
Case notesRequest for copies of submissions made to Department of Conservation on a discussion document—submissions released with identities of authors deleted under s 9(2)(a)— no reference to possible release in discussion document—authors were a mix of individuals, government officials and organisations—identities of those making submissions on behalf of organisations and government officials released as not made on personal basis—individuals consulted—identities of those who consented to disclosure were released—s 9(2)(a) applied to remaining information—no public interest favouring releaseTransfer of request from Tertiary Education Commission to Associate Minister of Education (Tertiary Education)
Case notesMinister had instructed Commission to transfer all requests regarding a training centre for his consideration—OIA does not provide for blanket policy to transfer all requests on a subject— Commission must consider requests on case by case basis—information in this case not more closely related to functions of Associate Minister—decision to transfer request contrary to lawRequests for tape and transcript of pilot communications to air traffic control
Case notesMedia requests for tape and transcript of pilot communications to Christchurch Air Traffic Control prior to crash—class exemption sought—also withheld to protect obligation of confidence—s 9(2)(ba)—release would not breach Chicago convention or any contracts with air traffic controllers—recommendation that information be releasedRequest for location of sex offenders
Case notesSection 9(2)(a) OIA did not apply to number of sex offenders released into cities because this would not enable individuals to be identified—s 9(2)(a) applied to number of sex offenders released into smaller towns because there was a risk that they coulRequest for information contained in tender documents for upgrade of New Zealand’s Orion aircraft
Case notesRequester sought information contained in the tender documents for the upgrade of New Zealand’s Orion aircraft—information contained details of the proposed functional upgrade of the aircraft—release would allow an informed reader to be aware of their resultant capabilitiesRequest by charitable trust for its compliance file held by Department of Internal Affairs
Case notesRequest by charitable trust for its compliance file held by Department of Internal Affairs—information about trust provided to Department by informant in confidence and an investigation underway—Part 4 of OIA applies as request by body corporate for personal information about itself—release of the information would prejudice the Department’s current investigation and its ability to effectively carry out its role in maintaining the law in the future—s 27(1)(a) and s 6(c) appliedRequest to Board of Trustees for 15 year old daughter’s statements alleging sexual harassment by teacher aide
Case notesMother’s request to Board of Trustees for 15 year old daughter’s statements alleging sexual harassment by teacher aide—daughter provided statement to school in confidence—refused consent to release—public interest in ensuring students willing to supply similar information to school in future—good reason to withhold under s 9(2)(ba)(i)Decision to transfer OIA request based on identity of requester
Case notesRequest for official information specifically held by Ministry of Education—Ministry transferred request to Minister of Education on the basis that the information was more closely connected to the functions of that Minister—request specifically for information held by Secretary and Ministry officials—Ministry advised Chief Ombudsman that decision to transfer based on a directive that all media requests should be transferred to Minister for reply—not sufficient grounds for transfer under s 14(b)(ii)—complaint sustained—Ministry reviewed its processes for transferring requestsTransfer of media request from Ministry of Education to Minister
Case notesRequested information not more closely connected with the Minister’s functions—blanket policy to transfer all media requests to Minister unlawfulCharge for provision of information regarding trade negotiations
Case notesRequest for information on current GATS round—charge levied—GATS a matter of substantial public interest—information sought for research which would ultimately be made publicly available—release would promote informed public debate—charge found to be unreasonable—recommendation to waive charge acceptedReport on the actions of the Department of Labour in regard to an Official Information Act complaint
Systemic investigations