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.
80 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.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 proceTemplate letter 16: Refusal letter under section 18(h) OIA / section 17(h) LGOIMA
Template letters and worksheets, Template lettersUse this letter if you need to refuse a request under section 18(h) OIA / section 17(h) LGOIMA—Frivolous or vexatious request.Confidential advice to government: A guide to section 9(2)(f)(iv) of the OIA
Official informationOne reason for withholding official information is to ‘maintain the constitutional convention protecting the confidentiality of advice tendered by Ministers and officials’—section 9(2)(f)(iv) of the OIA.The OIA and the public policy making process: A guide to how the OIA applies to information generated in the context of the public policy making process
Official informationThis guide explains the most common reasons why it can sometimes be necessary to withhold official information generated in the context of the public policy making process.Constitutional conventions: A guide to sections 9(2)(f)(i)-(iii) of the OIA
Official informationThis guide deals with the 'constitutional conventions' withholding ground in section 9(2)(f) of the OIA.Frivolous, vexatious and trivial: A guide to section 18(h) of the OIA and section 17(h) of the LGOIMA
Official informationUnder section 18(h) of the OIA (17(h) of the LGOIMA) a request can be refused if it is frivolous or vexatious, or the information is trivial.Request 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 internal and external correspondence relating to OIA requests
Case notesRequest not frivolous or vexatious—information not trivial—agency should have met or at least talked with the requester before changing its practice of providing this type of informationRequest 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 information about mental health
Case notesRefusal justified but not because request was vexatious—some information not held but would need to be created—some information could not be provided without substantial collation or researchRequest for ‘movement log’ and police file
Case notesRequester not deprived of right to access official information because he had already received all relevant information—requester not deprived of access to justice because his underlying concerns had been conclusively resolved in a range of forums¬—vexatious complaint, Ombudsman refuses to investigateRequest for information relating to proposed parking changes in a street
Case notesVolume of correspondence and requests created challenges but requester had a legitimate interest in obtaining information to help them understand the intended changes and make submissions—no evidence the request was made for irrational, mischievous or malicious reasons—no evidence that the agency had helped the requester to refine the request, reduce the scope, or clarify the specific information sought—request not frivolous or vexatiousRequest for copy of LGOIMA request
Case notesEarlier decision to supply the (wrong) information undermined later decision to declare the request vexatious—request arose out of genuine interest in the subject—while the requester had been critical of Council that did not mean the purpose of his request was to harass or annoy—s 18(h) does not apply—information should be releasedRequest for correspondence regarding dog control officer’s actions
Case notesRequest related to dispute some 16 years prior that had already been the subject of court proceedings and inquiries by this Office—request was an attempt to re-litigate already long concluded matters and an abuse of the right to access official information—vexatious complaint—Ombudsman refuses to investigateRequest for Policy Advisory Group briefings to Prime Minister about infant formula threat
Case notesSection 9(2)(f)(iv) applies to PAG briefings to Prime Minister subject to public interest test— relationship between PAG and the Prime Minister, in his or her constitutional role as leader of the Government, is unique—complete confidentiality in interactions with his or her closest advisers is required to support the Prime Minister in carrying out that roleRequest for evidentiary conclusions in respect of 15 issues or assertions and information about religious affiliation or association of staff
Case notesInformation not held—evidentiary conclusions would need to be created—to the extent that if information about religious affiliation or association of staff was held in mind of Commissioner, it would be held in a personal capacityAdequacy 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 lossesRequest for information regarding rental housing warrants of fitness
Case notesSection 9(2)(f)(iv) provides good reason to withhold some documents—Cabinet decision making incomplete—publicity from release would impede the Cabinet and Minister from making balanced, efficient and effective decision—Minister had addressed public interest in participation and accountability through disclosure of bulk of information at issueRequest for research behind a published statement
Case notesRequester must be told where they can access the publicly available informationRequest for holiday period excess speed infringement data
Case notesRelease 23 working days after refusal was ‘soon’—s 18(d)Request for restorative justice data
Case notesNo certainty that information would be released in the near future—release 14-16 weeks after refusal was not ‘soon’—s 18(g) did not applyDepartment of Internal Affairs provides reasonable service and advice to traveller on temporary passport
Case notesWhether the Department of Internal Affairs (DIA) reasonably handled revalidation of a passport for New Zealand citizen travelling on temporary passport—Ombudsman concluded DIA had made every effort to inform the complainant of the steps needed to have his passport validatedRequest for information redacted from Ministerial briefings and Cabinet papers on telecommunications and ultra-fast broadband
Case notesWhile some decisions had been made, others were still required, and disclosure would prejudice the orderly and effective conduct of ongoing advisory and decision making processesRequest for advice to Local Government Commission
Case notesNo ministerial or executive government decision making process would be undermined by release—draft and final versions of the advice were substantially similar and the advice was in the nature of a careful and considered critique—no good reason to withholdRequest for information about tangata whenua rights
Case notesRequester seeking official statement from Minister—information not held—explanation would need to be createdRequest for information about the Rugby World Cup
Case notesNo certainty that information would be released in the near future—s 18(d) did not applyRequest for advice regarding proposals for the future of Christchurch education
Case notesDecision was not justified under s 9(2)(f)(iv) because Cabinet had already made high level decisions and the key elements of the plan had been announced—strong public interest in releaseRequest for operational protocols and governance arrangements for the retention of new born blood spot cards (‘Guthrie’ cards)
Case notesRequest for protocols for Guthrie cards—requester advised protocols would be reported back to government by end of April and released in due course—some documents subsequently released but not the documents requested—it must be the actual information requested that is to be made publicly available, not other information, even if it is related, or the final version of the information—s 18(d) not applicableRequest for Cabinet paper on decision to retain newborn blood spot cards
Case notesDecisions had been made—information did not reveal advice that would subsequently be tendered—s 9(2)(f)(iv) does not apply