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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.
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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.
32 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 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 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 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 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.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 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 audit report of approved organisation under Animal Welfare Act
Case notesAcrimonious history and prolonged legal dispute were relevant to decision whether or not request was vexatious—while future similar requests might be vexatious this one was not—the requester’s legitimate concern about effectiveness of Ministry’s oversight of approved organisations was the catalyst for the audit report, and she was initially promised a copy of it—requester was genuinely interested in and entitled to know the findings—request not frivolous or vexatious—Trust does not have a commercial position—s 9(2)(b)(ii) does not applyRequest for total amounts paid for parking services
Case notesRelease of total amounts paid would not unreasonably prejudice the commercial position of the incumbent providers in future tender rounds, nor would it disadvantage the Council in carrying on negotiations—ss 7(2)(b)(ii) and 7(2)(i) do not applyInvestigation of the Department of Corrections in relation to the complaint procedures of Corrections Inmate Employment
Systemic investigationsCorrections Inmate Employment (CIE) is a branch of the Department of Corrections’ (the Department) Rehabilitation and Re-integration Services group. It operates various industries at the prisons, which afford prisoners employment while they are in prison. Following the receipt of complaints from prisoners employed by CIE, concern was expressed about how CIE was handling prisoners’ complaints. I was uncertain whether this concern was justified. I decided it was appropriate on my own motion to undertake an investigation into the efficiency and effectiveness of the complaint procedures by which prisoners employed by CIE may complain to the Department about CIE and its staff.Request for reports of unannounced inspections of rest homes and hospitals
Case notesRelease of adverse findings might damage providers’ reputations and therefore their commercial position, but this would not be unreasonable—s 9(2)(b)(ii) does not apply—public interest in promoting public safety and consumer protectionRequest for stock take report on the Crime Reduction Strategy
Case notesReport by external consultant not advice tendered by Ministers or officials—s 9(2)(f)(iv) did not applyReport on issues involving the criminal justice sector
Systemic investigationsThe following is my report consequent on a reference directed to me by the Prime Minister to investigate the administration of the criminal justice system. The Terms of Reference directed to me are attached as Appendix A. By agreement the reporting date was extended to 1 December 2007. I note that my report is to be tabled in Parliament. My investigation has been conducted in accordance with the provisions in the Ombudsmen Act 1975.Request for costs of advertising campaign
Case notesRelease would undermine strategy to increase advertising revenue—s 9(2)(i) appliesRequest for Treasury analysis on emissions trading scheme
Case notesInformation part of ongoing stream of work—release, with or without the context, would compromise the policy development process—s 9(2)(f)(iv) applies—overall public interest not served by disclosure of information that would undermine policy development—most advice would be released proactively when the framework document was releasedRequest for advice on daylight savings and 2011 Rugby World Cup
Case notesAnticipatory advice—no opinions or recommendations—s 9(2)(f)(iv) does not apply—public interest in disclosure—issues of national importance demand timely transparencyRequest for draft answers to parliamentary questions
Case notesDraft answers to parliamentary questions protected by s 9(2)(f)(iv)—parliamentary process sufficiently held the Minister to accountRequest for composition and active ingredients of veterinary medicine
Case notesEarly release of product formulation would inform competitors of what will be brought to market, enabling them to impede the product’s entry or bolster their own marketing—the likely degree of impact would be unreasonable—public interest in promoting public participation does not outweigh the need to withhold—s 9(2)(b)(ii) appliesRequest for advice on electoral finance
Case notesRequest for advice generated on Government’s proposals for electoral finance—advice formed part of ongoing process and no decisions had been made—s 9(2)(f)(iv) provides good reason to withholdRequest for CAB 100 forms
Case notesRequest for all CAB 100 forms since the 2005 general election—convention of confidentiality surrounding the Government’s political consultation processes—public interest in disclosure not sufficiently compelling to outweigh the need to withhold under s 9(2)(f)(iv)—need for confidentiality extended beyond the resolution of the particular issues—at least as long as the particular governmental arrangement enduredCharge for supply of information about Maori interests in the management of petroleum
Case notesCharge avoided by allowing inspection subject to conditionsRequest for TVNZ footage of court case
Case notesFootage could be used by other producers and so disadvantage TVNZ in carrying out its commercial activity as a broadcaster of news, current affairs and documentaries—s 9(2)(i) appliesRequest for advice relating to Amendment Bill
Case notesCabinet had approved legislative proposals in principle but still key steps to be taken before Bill could be introduced to the House—confidentiality required in order to protect the executive government’s ability to develop and negotiate political support for the draft legislation, in a timely and orderly fashion—s 9(2)(f)(iv) applies—opportunities for public participation in legislative process once draft legislation introducedRequest for Ministerial briefing on citizenship review
Case notesInformation not of an advisory nature—information not related to executive government decision making process—s 9(2)(f)(iv) does not applyCorrections unreasonable not to pay for inmate’s glasses for re-integration programme
Case notesLong serving prison inmate required glasses to participate in reintegration programme and work in prison tailor shop—Department of Corrections refused to pay for glasses unless inmate would refund them through his prison earnings—inmate later found out Department had paid for another inmate’s glasses in full—Ombudsman sustained complaint that inmate was not treated fairly—refund to inmate of money paid recommended.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 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 withhold