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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.
36 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 incConclusive reasons for refusing requests: A guide to the conclusive withholding grounds in section 6 of the OIA and LGOIMA
Official informationThis is a guide to section 6 of the OIA and LGOIMA, which provides conclusive reasons for withholding official information. These reasons are not subject to a public interest test.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.Training 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 complaintAdequacy 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 validatedInvestigation 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.Complaints 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.Department 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 reimbursedUniversity Council cannot exclude public from meetings on basis of members needing ‘free and frank’ discussion
Case notesExclusion of public from part of meeting—adequacy of grounds for exclusion—free and frank expression of opinion not a sufficient basis to exclude the public—Local Government Official Information and Meetings Act 1987, s 48(1)(a)(ii)University Appointment processes should provide better information to applicants
Case notesUnsuccessful applicant for a senior university appointment—alleged procedural unfairness—lack of clarity about processes and rights of appealRequest for information relating to candidacy for Director-General of World Trade Organisation
Case notesRequest for specific information relating to Rt Hon Mike Moore’s candidacy for Director-General of the World Trade Organisation—request declined under s 6(a)—release would be likely to prejudice New Zealand’s international relationsRequest for access to an application for an anti-dumping investigation
Case notesRequest for application for the initiation of an anti-dumping investigation—request refused in reliance upon s 6(a)—consideration of New Zealand’s obligations as a member of the WTO—Article 5.5 of the WTO Anti-Dumping Agreement—Dumping and Countervailing Duties Act 1998—prejudice to New Zealand’s international relations would be likely to occurSchool Board of Trustees agrees to address significant deficiencies in suspension procedure
Case notesSuspension and expulsion of student where several significant deficiencies were identified in the procedures of the Board’s disciplinary committee led to the Board of Trustees agreeing to review its procedures and apologise to student and family—the Board also amended student’s records to show the suspension decision was invalid—the Board’s willingness to address its deficiencies were notable in this case (Board members were all new to the role)New 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 madeSchool Board of Trustee and Principal failed to follow disciplinary process; contrary to law
Case notesSchool Board of Trustees fails to follow statutory criteria for suspension of student (failure to provide guidance and counselling)—suspending a student is a serious step requiring careful consideration—the Ombudsman’s investigation of a wide-ranging complaint by a mother about the manner in which a school had dealt with various aspects of her two sons’ behaviour, culminating in the indefinite suspension of one of her sons, highlighted the need for Principals and Boards of Trustees to familiarise themselves thoroughly with the procedural requirements of s 13 of the Education Act 1989Department 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 SecretariatRequest for information relating to proposed visit of US Navy ship
Case notesRequest for information relating to proposed visit in 1985 of USS Buchanan to New Zealand—information withheld under s 6(a) and s 6(b)(i)—conventions of international diplomacy—release would be likely to prejudice the international relations of the Government and the entrusting of information by another StateRequest for report prepared by External Assessments Bureau
Case notesRequest for reports on environmental damage resulting from French nuclear testing—good reason to refuse request under s 6(a) at time request refused—disclosure likely to prejudice the international relations of the Government of New ZealandSchool Boards should record reasons for decisions to suspend
Case notesSuspension from school for marijuana smoking—school procedures provided for suspension for drug use—application of principles of High Court decision in M & R v Palmerston North Boys High School—need for transparency in decision-making—consideration of requirements of s.23 of the Official Information Act 1982Polytechnic and inadequate complaints procedure to deal with sexual harassment complaint—ex gratia payment
Case notesPolytechnic failed to have proper procedures in place to handle complaint from student concerning sexual harassment—Polytech agreed that it had not dealt with the matter with urgency and had an inadequate complaints procedure in place—ex gratia payment was offered to the student for this reason, not because the claims of sexual harassment had been made out, although there was an indication that prima facie a case had been made out that unacceptable behaviour by a tutor had occurred—Polytech apologised, offering ex gratia payment and undertook to improve its complaints handling procedures