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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.
45 Resources Show all
Omission by the Ministry of Education to develop an implementation framework to enable progress on its strategy on New Zealand Sign Language in education
OpinionsRepresentatives from a Deaf Disabled People’s Organisation (Deaf Aotearoa), who advocate for the rights of Deaf people in New Zealand, have raised concerns about the Ministry of Education’s (the Ministry) strategy to progress New Zealand Sign Language (NZSL) in education.Request for official information about scholarship criteria framed as question
Case notesFailure by the Ministry of Education to respond to a request for official information within the statutory timeframe – Ministry did not process the request as an OIA request as Ministry considered that it required the generation of comment – OmbudsmOIA compliance and practice in Ministry of Education 2022
Official Information Practice InvestigationsThis report was released as part of ‘Ready or not?’, an investigation into OIA practices at 12 core agencies.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.Unreasonable decision of Board of Trustees to trespass student without opportunity to comment
Case notesThe trespass notice meant the student was unable to travel on the school bus, as the bus passed through the school’s bus bay on the way to the student’s own school. The family considered that the Board did not adequately consider the implications and complained to the Chief Ombudsman.Board of Trustees decision to expel student on basis of gross misconduct not justified
Case notesStudent expelled after isolated incident – Ombudsman found that the family were not given the full opportunity to respond to the allegations, and the Board’s minutes did not show how the decision was arrived at – Ombudsman not convinced that the incTemplate 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.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.The OIA and school boards
Official informationThis guide sets out the key ‘need to know’ information about the obligations of school boards under the OIA. It also explains the Ombudsman’s role in relation to complaints about OIA requests.Declined request for dispensation regarding school Transport Entitlement Zone
Case notesA family asked the Board of Trustees (the Board) of School A for dispensation to allow their child to access bus services to attend School B.Request 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 informationTraining Institution fails to adequately address a complaint about its course
Case notesWhether a training institution failed to address a complaint made by a student—Ombudsman found the institution’s appeals and complaints processes to have been inadequate—the institution accepted the finding and agreed to re-hear the appeal and then refunded the complainant’s course fees in resolution of the complaintRequest 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 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 lossesDepartment 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 about tangata whenua rights
Case notesRequester seeking official statement from Minister—information not held—explanation would need to be createdInvestigation into Ministry of Education's management of OIA requests about proposed school closures
Systemic investigationsThis is the report on my investigation under section 13(3) of the Ombudsmen Act into aspects of the Ministry of Education’s management of official information requests about the proposed closure of schools in Christchurch.Request for breakdown of invoice
Case notesCouncil concerned that request was part of a strategy to delay or avoid payment—no basis to believe request was made in bad faith—request not frivolous or vexatious—information should be releasedRequest 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 applyComplaints arising out of bullying at Hutt Valley High School in December 2007
Systemic investigationsThis is a report on an investigation into a series of violent incidents that occurred at Hutt Valley High School in December 2007. The incidents attracted considerable media attention and led to wider studies of bullying in schools by the Commissioner for Children and the Human Rights Commission.Requests by lawyer for information about client
Case notesA proportion of the large volume of information at issue could fairly be characterised as ‘trivial’, bearing in mind the purpose of the request—this included auto replies, read receipts, undeliverable messages, emails arranging meetings and information generated to facilitate the proper processing of the requester’s OIA and Privacy Act requestsDepartment of Internal Affairs not unreasonable to cancel passport
Case notesDepartment of Internal Affairs—decision to recall and cancel complainant’s NZ passport – position determined by terms of legislationReport 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.Technical Institute required to amend student records when course cancelled
Case notesStudents enrolled in a two stage course to obtain a Certificate of Security were informed the second half was cancelled shortly before it was to commence—Technical Institute explored various options including notifying on the relevant academic records that students had ‘withdrawn’—students complained notation, course cancellation and lack of certification was unreasonable—Institute explained to Ombudsman that certificate registration was in train, the timing of the tutor’s resignation left it with few options but it was willing to explore these with students—Institute acknowledged it cancelled the course but current system did not have ‘cancellation of course’ as an option—Institute willing to review system and remove course from student records—Ombudsman satisfied that Institute acted reasonably to provide students with other options, certificates forthcoming and removing course from records would resolve complaintSchool Board of Trustees and Principal’s decision to suspend student not consistent with principles of natural justice
Case notesSuspended student’s parents complained about the conduct of his suspension—Ombudsman’s jurisdiction confined to the process followed by the Board—parties disputed duration of Principal’s interview with student, ability of Principal to contact parents about suspension and comments allegedly made to the student by the Principal during the interview—Ombudsman’s investigation unable to resolve these issues and no determination as to reasonableness of Board’s actions able to be made—Ombudsman satisfied that Principal’s request for student to write down his account of incident in accordance with principles of natural justice—however Ombudsman found Board acted unreasonably by dismissing parents’ concerns about Principal’s decision to interview student in absence of parents—Board acknowledged Principal’s decision not consistent with principles of natural justice and agreed to review its ‘Interviewing of Students’ policy—no formal recommendation madeBoard of Trustees fails to follow principles of natural justice at disciplinary hearing for expelled student
Case notesStudent excluded after initially caught hiding stolen property—at the disciplinary hearing the exclusion decision not based on this incident due to lack of evidence but on history of misdemeanours—parents complained that due process had not been followed in disciplinary process—Ombudsman found that at the disciplinary hearing by school the student had no reasonable indication that the student would be answering to an allegation of continual disobedience—complaint about Board of Trustees’ process sustained and Ombudsman recommended apology, reinstatement of student, and removal of exclusion from student’s records—the Board refused to act on recommendations although the student reinstated for other reasonsMinistry of Education reimburses overcharged rental on school owned house
Case notesTenants renting house from Board of Trustees paid $35 per week more than permitted by the Ministry of Education guidelines and tenants sought reimbursement from the Ministry—the Ministry refused but Ombudsman found the Board was acting as Ministry’s agent and it had been unreasonable for the Ministry to decline reimbursement—the Ombudsman recommended that tenants be fully reimbursed