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.
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189 Resources Show all
Request for information contained in tender documents for upgrade of New Zealand’s Orion aircraft
Case notesRequester sought information contained in the tender documents for the upgrade of New Zealand’s Orion aircraft—information contained details of the proposed functional upgrade of the aircraft—release would allow an informed reader to be aware of their resultant capabilitiesRequest for ACC notice board bulletin
Case notesRequester sought a copy of ACC notice board bulletin - bulletin contains commentary and advice on various court decisions - prepared by practising solicitor in his professional capacity - purpose is to give general legal advice to case managers who routinely request and rely upon it - refused under s 9(2)(h) - legal professional privilege applies - no waiver even though it was distributed widely amongst ACC staff - marked confidential and subject to privilege - no public interest in release that outweighed strong public interest in ensuring privilege is maintained.Request for names and email addresses of people consulted on draft speech
Case notesRecipients and senders of emails consulted—disclosure would not inhibit senior public servants from expressing free and frank opinions in future—however others would be inhibitedRequest for draft answers to parliamentary questions prepared by Police staff
Case notesSection 9(2)(g)(i) applied—release would prejudice the free and frank expression of similar communications in future—no public interest overrideRequest for comments on early draft cabinet papers
Case notesRequest for documents regarding Kyoto Protocol—information contained initial Treasury comments on draft versions of cabinet paper—part of informal consultation early in policy making process—concern that release would result in officials being less co-operative and formalise the process—withholding necessary to maintain effective conduct of public affairsRequest for NZSIS files concerning two NZ scholars
Case notesWriter sought NZSIS files on two individuals—Refused under s 6—bulk of information had been provided by overseas authorities under strict confidentiality agreements—various agencies consulted—some consented to release whereas others did not—complainant agreed to contact overseas agencies directly—ss 6(a) and 6(b) applied—release contrary to agreement would compromise quality and supply of similar information in future which would prejudice NZ’s security—some information released with identifiers deletedRequest for Crown Law opinion
Case notesRequest for Crown Law opinion that Creative NZ referred to in correspondence—withheld under s 9(2)(h)—legal professional privilege attached to information—whether partial disclosure of contents of opinion sufficient to constitute waiver—s 9(2)(h) appliedDepartment of Corrections required to state reasons for security classification
Case notesPrison inmate complained that his security classification had been unreasonably assessed and Ombudsman concluded the Department failed to provide ‘strong reasons’ (which must be stated)—Ombudsman found the Prison officers had based their classification on uncorroborated, unrecorded, verbal statement made by another inmate—Ombudsman upheld complaint based on inequitable situation that would result if prison relied solely on this information, however, the inmate released before any recommendation could be madeDepartment 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 guidelinesDepartment of Labour reasonable not to investigate accident of primary student on extra-curricular activity
Case notesPrimary school student training for cross country competition on mountain road struck by motor vehicle – training sanctioned by school as an extra curricular activity—OSH declined to investigate—father complained to Ombudsman—Ombudsman examined provisions of Health and Safety in Employment Act—satisfied that OSH had no jurisdiction to investigate as accident did not fall within the definitions of ‘place of work’ or ‘work’ in s.2(1) as occurred outside school grounds—Police investigation limited to criminal liability—Ombudsman identified no mechanism in place for ensuring accountability by schools in providing safe environment for students outside school gates—Ombudsman approached OSH, Ministry of Education and Minister of Labour about his concerns – Ministry confirmed it was developing policy to address this and agreed to keep Ombudsman informed—Ombudsman advised complainant he was satisfied OSH’s original decision was reasonableRequest 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 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 summaryMinistry of Social Development has no authority to require beneficiary to appoint agent
Case notesIlliterate beneficiary preferred to communicate verbally, frequently and often vociferously—the Ministry arranged for beneficiary’s solicitor to become agent—Ombudsman sought advice from Ministry as to authority it was relying on to request appointment of an agent—the Ministry confirmed there was no specific legislative authority— Ombudsman formed view that requirement unreasonable—complainant revoked agency and dealt directly with Ministry againRequest for advice relating to an independent review, including legal advice transferred between agencies
Case notesRequest for information relating to independent review of PHARMAC’S Operating Policies and Procedures—some information withheld as it was considered legally privileged—legal advice transferred between agencies did not constitute a waiver of the privilege—common interest privilege appliedDepartment 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 necessarySuperannuation Appeals Board reasonably relied on Crown Law advice
Case notesFailure to give reasons for decision—reasons given in counsel’s written submissions adopted by Board—disclosure of reasons distinguished from merits of decision—Government Superannuation Appeals Board—Ombudsmen Act 1975—Government Superannuation Fund Act 1956, s 12(A)(2)Department 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 Social Welfare and suspending debt recovery action while disputing the debt through the appeal process
Case notesFailure to suspend debt recovery action pending appeals—reference to Social Security Appeal Authority decisions—Department’s general policy to suspend recovery action—policy applied on a case by case basis—discretion not to suspend recovery should not be fettered—application of policy should be consistent nationwide—circular outlining policy issued—manual to be revisedDepartment 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 access to building plans submitted for resource consent
Case notesRequest for access to building plans submitted for resource consent—plans marked ‘confidential’—plans amended—request declined for copyright and security reasons—public interest in effective participation in process—Building Act 1991, ss 27(1), 27(3)Request for policy on settling disputes
Case notesRequest for policy on settling disputes—information withheld on basis of legal professional privilege—consideration of s 22 and relationship with s 9(2)(h)Request for advice given by Queen’s Counsel
Case notesRequest for advice given by Queen’s Counsel—whether information subject to legal professional privilege—purpose for which information was brought into existence—whether other considerations warranting disclosure in the public interestRequest 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)New Zealand superannuation commences on day application received
Case notesNew Zealand superannuation surcharge—timing of application for superannuation—superannuation payable from day application received—Income Tax Act 1994, s OB 1, Social Welfare (Transitional Provisions) Act 1990, ss 3 and 5Department 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 Policy