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.
201 Resources Show all
Department of Corrections revises guidelines on implications for visitors possessing drugs
Case notesPrison banned inmate’s family members from visiting for 12-months after small amount of cannabis found in their possession—the inmate complained that the duration of ban was unreasonable but the Department of Corrections noted it had zero tolerance policy for drugs with an automatic 12-month prohibition order to be placed on anyone found with them on prison property—Ombudsman concluded blanket ban unreasonable and the Department agreed each case to be considered on merits and prepared guidelines for prisons—Ombudsman advised inmate to apply for a review of prohibition order under the new guidelinesRequest for communications between Chief of Defence Force and Prime Minister
Case notesMP requested information on the restructuring of the NZDF—two letters from the Chief of Defence Force to the Prime Minister regarding draft reports withheld under s 9(2)(g)(i)—distinction between substantive comment about draft reports and minor editorial suggestions—substantive comments were recordings of Chief of Defence Force’s free and frank discussions with Prime Minister—part of Chief of Defence Force role is to advise Prime Minister but he would not have reduced comments to writing if he had thought they would be made public—free and frank comments needed to maintain constructive working relationship with Prime Minister—s 9(2)(g)(i) applied to substantive comments but not to remaining informationRequest for breathalyser manual
Case notesRequester sought breathalyser manual to aid his defence in court—manual provided to ESR in confidence for purpose of servicing and maintenance—manufacturer would withdraw manuals if released—ESR would no longer be able to maintain breathalyser, which would have a detrimental effect on New Zealand road safety—s 9(2)(ba)(ii) applied—manual only peripherally relevant to requester’s prosecution so no overriding public interest in releaseRequest for draft state highway route options
Case notesRequest for draft state highway route options—public consultation to take place once options finalised—need for undisturbed consideration before consultationRequest for Fire Officer’s response to allegations
Case notesRequest for copy of Fire Officer’s written response to certain allegations made against him by requester and others—information subject to an obligation of confidence and likely to damage the public interest if made availableRequest for early stage policy advice relating to paid parental leave
Case notesRequest for information relating to paid parental leave policy—information withheld to maintain collective ministerial responsibility, protect confidentiality of advice and free and frank exchange—in the circumstances no good reason to withholdRequest for minute from Chief of Air Staff to Chief of Defence Force
Case notesRequest for minute from Chief of Air Staff to Chief of Defence Force regarding return of aircraft to Samoa to uplift a civilian passenger—minute contained free and frank expressions of opinion—factual information and summary of opinions released—manner in which opinions expressed particularly frank—s 9(2)(g)(i) applied—public interest in release satisfied by release of summaryRequest for draft answer to parliamentary question tendered by HNZ staff
Case notesRequest to Housing New Zealand Limited for alternative Parliamentary answers prepared for Minister of Housing—request refused under s 9(2)(g)(i)—ss 9(2)(f)(iv) and 9(2)(ba)(ii) discussed—meaning of ‘officials’—obligation of confidence applied—s 9(2)(ba)Request for DHB draft annual plan
Case notesDistrict Health Board—draft annual plan—need for Board and Minister of Health to reach agreement on plan prior to release—New Zealand Public Health and Disability Act 2000Request for hydrological data
Case notesRequest for hydrological data—supplier of information to local authority opposed to release to the requester—prejudice to future supplyDepartment of Corrections failed to meet requirements before placing inmate in restrictive regime
Case notesDepartment of Corrections placement of inmate on restrictive regime designed for the most disruptive inmates unreasonable because criteria for placement not met—placement deemed unreasonable—inmate immediately returned to mainstreamDepartment of Corrections applies prison visiting rules too rigidly
Case notesSpecial family visit to inmate denied—decision contrary to Department's national standard—prison agreed to review its local instructions to ensure consistency with spirit and intent of national standardDepartment of Corrections delays prisoner release when segregation order expired
Case notesDelayed release from ‘precautionary segregation’—complaint upheld—implementation of computerised bring-up system to avoid recurrence of problem—no recommendation necessaryDepartment of Corrections required to review process for media contact with inmates
Case notesAccess to prison inmates by the news media—conflict between procedural manual and communications policy—policy to be reviewed to ensure consistency with proceduresDepartment of Corrections protocol with Ombudsman regarding death in custody
Case notesDeath in custody—application of Protocol between Department of Corrections and Office of the Ombudsmen—issues arising from monitoring departmental investigation—need for improved communication, videotaping, fire safety and emergency proceduresRequest for details of compensation for breach of privacy
Case notesRequest for details of compensation for breach of privacy—obligation of confidence—interest in withholding not outweighed by public interest considerationsRequest for review report prepared for tertiary institution
Case notesRequest for review report prepared for tertiary institution—information refused in order to protect privacy, obligation of confidence, and free and frank expression of opinion—consideration of University’s enforcement of an obligation of confidentiality upon itself—reasoned and well informed comment does not constitute free and frank expression of opinion—Act does not provide for class approach to documents—individual privacy not at issueRequest for report of interviews
Case notesRequest for report of interviews—interviews conducted subject to obligation of confidence except to extent information provided might be used for prosecution purposes—report not admissible in evidence—public interest in contents met by details disclosed in public trialRequest for Consultative Draft District Plan
Case notesConsultative Draft District Plan refused under s 7(2)(f)(i)—information did not meet requirements of that section—no statutory prohibition in Resource Management Act which prevents information being made available before the date of notification—Resource Management Act 1991, s 35(2)Department of Corrections reasonably held inmate in segregation
Case notesUnreasonable placement of inmate on precautionary segregation—written material found in his cell which reflected on the safety of prison staff—placement not deemed unreasonableNew Zealand Customs Service questioned over acceptance of deposit pursuant to legislation
Case notesRefusal to pay interest following resolution of dispute over Customs value of goods—whether relevant documentation provided at the time of importation—whether s 140 of the Customs Act 1966 (repealed) conferred authority on Department to take deposit—investigation discontinued following discovery that company did not exist as legal entity at the time complaint was madeDepartment of Corrections should explain reasons for declining application to be excused from PD reporting
Case notesRefusal of application to be excused from reporting for periodic detention—incomplete explanation given at the time—reasons and apology provided—Criminal Justice Act 1985, s 41(3)Department of Corrections required to advise decision on day parole application
Case notesFailure to advise inmate of decision on application for day parole—prison administration expected inmate to ask Case officer for outcome—responsibility for advising the outcome of a request/application normally rests with decision-maker—internal procedures changed to reflect normal practiceRequest for details of risk management processes
Case notesRequest for details of risk management processes—relevant documents provided apart from the ‘risk register’—register consisted of free and frank expressions of opinion—release might undermine risk management strategy—public interest met by release of Risk Management PolicyRequest for full internal report of health care
Case notesRequests for full internal report by a Crown Health Enterprise following public tragedy—contents included personal health information conveyed in confidence, interviews with CHE staff and other individuals, peer review, conclusions and recommendations—confidentiality of personal health information—‘doctor/patient’ relationship—protection of free and frank opinions—some information released, some withheld—competing public interest considerations—accountability for public health careSerious Fraud Office decision to withhold information under the SFO Act found not to be unreasonable in Ombudsmen Act terms
Case notesThe secrecy provisions of Serious Fraud Office Act 1990 and its relationship with Official Information Act were considered in an investigation involving the Serious Fraud Office—a complaint had been made to that agency about an allegation of fraud by a bank official and the agency found no evidence of fraud—the complainant pursued the matter in court, requesting information from the SFO which was declined on the basis of the SFO’s discretion to withhold information—the Ombudsman concluded the OIA did not apply to the information at issue but under the Ombudsmen Act the withholding of the information could be considered (being a decision in terms of the Ombudsmen Act)—the Ombudsman found the SFO’s use of discretion was not unreasonableDepartment of Conservation resolves impasse concerning ivory-key piano held by New Zealand Customs
Case notesRefusal to release piano imported from United Kingdom—family heirloom from 1920s—need for approval of Department of Conservation under CITES because of ivory content—conflict between New Zealand legislation implementing CITES and European Community Regulations—impasse resolved by acceptance of statutory declaration by family—conflict to be raised with CITES SecretariatDepartment of Corrections accepts obligation to consider inmates’ circumstances when deciding work and educational paroles
Case notesRefusal of work and educational paroles before inmate appeared before National Parole Board—inflexible policy inconsistent with concept of individual case management—review resulted in detailed case management plan for inmateRequest for research data held by Crown Research Institute
Case notesResearch data subject to clear confidentiality assurances—some farmers would be reluctant to participate in similar trials if released—s 9(2)(ba)(i) appliesRequest for list of all strategic goods exported from New Zealand
Case notesRequest for list of all strategic goods exported from New Zealand—some information provided but name of exporter and value before tax of strategic goods withheld—9(2)(ba)(i) applied—residual issue of public accountability resolved following inquiries under s 13(3) of the Ombudsmen Act 1975—MFAT agreed that in future, it would disclose in its annual report the statistics it had previously made available only on requestRequest for details of out-of-court settlements and costs
Case notesRequest for details of out-of-court settlements and costs—ss 9(2)(ba)(ii) and 9(2)(j) found to apply—no countervailing public interestRequest for names of ‘eminent New Zealanders’ consulted during preparation of Intelligence and Security Agencies Bill
Case notesRequest for names of ‘eminent New Zealanders’ who were part of the consultative process in preparing the Intelligence and Security Agencies Bill—request refused under s 9(2)(g)(i) —individuals consulted—in respect of those who advised that disclosure would inhibit them from giving free and frank advice to the Government in future, section 9(2)(g)(i) applied—need to withhold outweighed by countervailing public interest