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.
106 Resources Show all
OIA compliance and practice in New Zealand Customs Service 2022
Official Information Practice InvestigationsThis report was released as part of ‘Ready or not?’, an investigation into OIA practices at 12 core agencies.Requests to Ministry of Health and ESR for Covid-19 cycle threshold values
Case notesInformation requested initially refused for privacy reasons. The agencies subsequently focused on section 9(2)(c) of the OIA (to avoid prejudice to public health or safety measures).WorkSafe’s decision not to formally investigate an incident
Case notesComplaint about WorkSafe’s decision not to investigate and lay charges following an accident causing injury – failure to consider all relevant information – failure to engage meaningfully with the complainant – no evidence that documents had been faConfidentiality: A guide to section 9(2)(ba) of the OIA and section 7(2)(c) of the LGOIMA
Official informationThis is a guide to the confidentiality withholding ground found in section 9(2)(ba) of the OIA and section 7(2)(c) of the LGOIMA.Request 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 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 record of ‘without prejudice’ meeting
Case notesSection 7(2)(g) LGOIMA did not apply—‘without prejudice’ privilege is not an aspect of legal professional privilege—s 7(2)(c)(ii) applied—obligation of confidence attaches to information subject to without prejudice privilege—release would make people rFailure to appropriately apply Protected Disclosures Act
Case notesThe complainant made protected disclosures about health and safety issues in her workplace – she left the job after the employer found her disclosures to be serious misconduct - employer reported it to professional body - body found she did not meet proRequest for RMA side agreement between Council and iwi
Case notesSection 7(2)(c)(ii) LGOIMA applied—agreement contained express obligation of confidence— release would be likely to damage the public interest in encouraging parties to settle their disputes without resorting to litigation—public interest in accountabilRequest for Chief Executive’s performance agreement and KPIs
Case notesRequest for Chief Executive’s performance agreement and KPIs—s 7(2)(a) LGOIMA did not provide good reason to withhold most of the performance agreements and KPIs—however, s 7(2)(c)(ii) provided good reason to withhold ‘stretch targets’—there was a mMaking official information requests: A guide for requesters
Official informationIf you are seeking information from a Minister, or central or local government agency, you may be able to ask for it under either the OIA or LGOIMA.Requests for reasons for a decision or recommendation: A guide to section 23 of the OIA and section 22 of the LGOIMA
Official informationThis is a guide to requests made under section 23 of the OIA (section 22 of the LGOIMA).The OIA and draft documents: A guide to how the OIA applies to requests for draft documents
Official informationThis guide explains some of the most common reasons why it can sometimes be necessary to withhold draft documents. These reasons relate to the free and frank opinions and confidentiality withholding grounds in the OIA and LGOIMA.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 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 DHB financial reporting data
Case notesWhile release 1 month after refusal would have been ‘soon’ there was no reasonable certainty release would occur by then—agency should reasonably have foreseen delay in obtaining Ministerial input due to election—Section 18(d) did not applyRequest for emails between MP and university researchers
Case notesSection 9(2)(ba)(i) OIA did not apply—no obligation of confidence—information voluntarily supplied with no reference to confidentiality—release of ‘benign’ information with the consent of the supplier would not be likely to prejudice the future supply oRequest for draft venue development strategy
Case notesDraft venue development strategy prepared by consultant—refused because commercial and confidential—analysis preliminary and high-level—s 7(2)(f)(i) applies—public interest requires disclosure of a summary statementRequest 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 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 checksRequest for recidivism statistics
Case notesNo certainty that information would be released in the near future—release 13 weeks after refusal was not ‘soon’—s 18(d) did not applyRequest for quarterly justice sector report
Case notesRelease 12-16 weeks after refusal was not ‘soon’—s 18(d) did not applyRequest for CSV copy of the Teachers Register
Case notesSection 18(d) OIA did not apply—information was not publicly available in the form requested—s 9(2)(a) did not apply—not necessary to withhold publicly available information in order to protect privacy—information releasedRequest 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 tender submissions to replace jetty at Philomel Landing
Case notesRelease of tenderers’ pricing strategy would give an unfair advantage to their competitors and unreasonably prejudice their commercial position—s 9(2)(b)(ii) OIA applies—release would make tenderers reluctant to provide as much detail about their design specifications in future— s 9(2)(ba)(i) applies—it was in the public interest for NZDF to receive full and detailed submissions as this would otherwise undermine its ability to make an informed decision on the best tenderer to award a contractRequest for Customs’ staff engagement survey
Case notesSection 9(2)(ba)(i) OIA applied—express obligation of confidence—release of personalised comment that could be attributed to particular individuals would be likely to prejudice the future supply of similar information—it is in the public interest for agRequest for CAA investigation report on Minister’s airport security breach
Case notesSection 9(2)(a) OIA applied to information that would identify Minister’s staff—s 9(2)(a) did not apply to non-sensitive information about actions that occurred in a public place, or to the name of the Investigator—s 6(c) did not apply to information suRequest for information about appointment of public service chief executive
Case notesSection 9(2)(a) applied to names of unsuccessful candidates—no public interest override—section 9(2)(a) and 9(2)(ba)(ii) did not apply to the names of external panellists—section 9(2)(a) did not apply to officials’ names, Cabinet distribution and attendRequest for independent test results of product
Case notesSection 9(2)(ba)(i) OIA applied—implied obligation of confidence—information could have been compelled under an enactment—release would be likely to prejudice timely supply of information of the quality and standard necessary for the Commerce CommissionRequest for information about exploration permits awarded to Anadarko Petroleum
Case notesApplication and evaluation subject to obligation of confidence—release would make bidders reluctant to share full information in future, which would undermine MBIE’s ability to carry out statutory functions—release would also reduce the appeal of investing in New Zealand and MBIE’s ability to administer the Crown Minerals Act, which would otherwise damage the public interest—sections 9(2)(ba)(i) and (ii) apply—revealing information about particular prospects or reserves would disadvantage third party vis-à-vis their competitors—revealing information about projected costs would disadvantage third party in its negotiations with service companies—section 9(2)(b)(ii) applies—public interest met by available informationAdequacy of ex gratia payment to remedy mistake by Customs
Case notesNZ Customs officer rejected passenger on flight because water damage on passport—Ombudsman found officers failed to process the passport adequately and caused considerable cost to passenger because of this failure—complainant upheld and complainant received full payment to cover financial losses