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.
61 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.OIA compliance and practice at Waka Kotahi 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 concerning increase in number of cochlear implants
Case notesSection 9(2)(f)(iv) OIA applied to costing information and detailed analysis regarding unsuccessful Budget 2020 bid which had been resubmitted for consideration through the 2021 Budget process – small amount of high level information about the existInvestigation into the Health and Disability Commissioner’s assessment of three complaints
OpinionsSummary It is my opinion that the former Health and Disability Commissioner’s (HDC’s) handling of three separate complaints was unreasonable.Consultation on health and safety processes for Managed Isolation Facility
Case notesComplaint about level of consultation with residents before Stamford Plaza Hotel became a Managed Isolation Facility—Chief Ombudsman found that the Department did not consult appropriately with the residents before this occurred—the Department also didRequest for names of clusters that COVID-19 cases were linked to
Case notesSection 18(c)(i) OIA applied—release would be contrary to s 92ZZG(2) Health Act 1956— discretion to use or disclose contact tracing information for the ‘effective management of infectious diseases’—exercise of discretion reviewed under the Ombudsmen ActRequest for Associate Minister's letter concerning Let's Get Wellington Moving
OpinionsThe Hon Julie Anne Genter, Associate Minister of Transport (Associate Minister) sent a letter to the Hon Phil Twyford, Minister of Transport (Minister) during pre-consultation on the Let’s Get Wellington Moving (LGWM) indicative package draft Cabinet paDecision by public transport operator not to reimburse charges incurred due to unavailability of public transport services
Case notesComplainant unable to board public transport service within 30-minute transfer period incurs extra charges—operator declines to provide a refund citing its policy—complainant alleges an obligation to provide services to all destinations within 30 miAdministrative error resulting in lost opportunity for ACC claim
Case notesA patient who was unaware he had asbestosis underwent a CT scan while being treated at a DHB Hospital. On the scan’s accompanying notes a radiologist noted previous asbestos exposure. This CT scan with accompanying notes was misfiled, for unknown reasons, and the patient’s diagnosis of asbestosis was not confirmed until autopsy.Ministry of Health unreasonably disallowed visiting Australian resident access to publicly funded health services
Case notesWhether the Ministry of Health was unreasonable to determine that medical treatment obtained by a visitor to New Zealand was not ‘immediately necessary’ and therefore not covered by reciprocal health agreement with Australia – Ombudsman considered the Ministry of Health erred – complaint sustainedRequest for statistics on allegations of assault by Corrections staff
Case notesRequirements of Operations Manual meant source information to answer request should be held—manual compilation is not creation—s 18(g) does not apply—unreasonable to rely on s 18(f) when the fundamental difficulty in providing the information was down to the Department’s own administrative lapsesDecisions of PHARMAC to fund Opdivo and Keytruda
Case notesA complaint was made to the Ombudsman that PHARMAC took too long to approve the May 2015 application to fund the metastatic melanoma cancer drug Keytruda.[1]Ministry of Health policy on reimbursement of expenses for house modification unreasonable
Case notesWhether the Ministry of Health’s policy to require prior approval for funding for house modification was reasonable—Ombudsman concluded it was notRequest for information about access to staff records
Case notesInformation held is incomplete but it should be released along with a contextual statement—s 18(g) does not apply—staff recollections should also be providedRequest for footage of battle of Baghak
Case notesNZDF deemed to hold battle footage recorded by soldiers on their personal devices in their official capacityRequests for firearms statistics
Case notesRefusal under section 18(g) not justified—information held—Police could manually extract and compile statistics—where compilation involves substantial collation or research s 18(f) appliesRequest for employee’s recollection of events
Case notesRequest for DIA employee’s recollection of events that occurred when she was employed by another agency—DIA not deemed to hold information because not held by employee in that person’s capacity as such an employee—information that cannot be recalled is not held—s 18(g) appliesHealth and Disability Commissioner not unreasonable to refer matter to Medical Council without advising complainant
Case notesWhether the Health and Disability Commissioner legally or otherwise required to inform complainant of a referral made to the Medical Council of New Zealand—Ombudsman concluded HDC not bound to divulge this informationMinistry of Health’s decision following audit of aged care facility not unreasonable
Case notesMinistry of Health’s HealthCERT not unreasonable to issue an aged care facility with ‘partial attainment’ in its August 2016 surveillance auditMinistry of Health agrees to increase what was an unreasonably low offer of ex gratia payment
Case notesMinistry of Health’s decision in December 2016 to offer complainant $8000 by way of an ex gratia payment for mistakes made by the Ministry and lengths complainant had to go to in having the Funded Family Care hours reinstated unreasonable—Ministry of Health agreed to increase the amount following the complaint.Request 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 researchRequests for emails of former Minister
Case notesEmails of former Ministers held by Parliamentary Services pursuant to contract with DIA deemed to be official information held by DIAPatient eligibility for publicly funded healthcare
Case notesThis case note concerns an investigation under the Ombudsmen Act 1975, resulting from a complaint to the Ombudsman about the failure of a district health board (DHB) to identify that a patient was ineligible to receive publicly funded health care beforeRequest 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 capacityRequest for information relating to Ministry of Education 2012 Special Education School Transport Assessment (SESTA) tender
OpinionsIn 2012, the Ministry of Education published a Request For Proposals (RFP) for the transport of special needs children for educational purposes called the ‘Special Education School Transport Assistance tender’ (SESTA tender).Adequacy 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 lossesCharge for the creation of statistics
Case notesOIA and Charging Guidelines did not apply to request for statistics that were not held but could be created for a fee—fee for the creation of statistics was calculated in accordance with the agency’s Sales and Pricing Policy and was not unreasonableDepartment 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 createdDistrict Health Board decision not to consult on provision of abortion services at a Hospital was unreasonable
Case notesWhether the District Health Board was unreasonable to offer abortion services at a hospital without consultation with the local communityPharmac decision not to fund drug was not unreasonable or contrary to law
Case notesWhether PHARMAC decision not to fund a drug was unreasonable or contrary to law—Ombudsman concluded that this case did not reach the threshold of being unreasonable or contrary to law but made suggestions to PHARMAC about the matterDistrict Health Board’s processes regarding informed consent for assisted reproductive procedure not unreasonable
Case notesWhether a District Health Board (DHB) failed to ensure the complainant received adequate professional advice before being required to sign a legal document surrendering substantial legal rights—whether that document was ‘informed consent’—Ombudsman concluded DHB had not acted unreasonably in this matter