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.
140 Resources Show all
Request 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 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) appliedRequest 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 summaryCrown Research Institute’s publication on nicotine in tobacco inadequate
Case notesPublication of research data subsequently found to be flawed—notice of research results to interested parties—adequacy of subsequent retraction—inclusion of contextual material with media release—relationship between an Ombudsman's jurisdiction and issues involving scientific techniques and the course of research—matter of administration—Ombudsmen Act 1975, s 13Request 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 appliedRequest 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)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 madeComplainant must have sufficient personal interest in complaint for Ombudsman to investigate
Case notesOmbudsman has discretion to decline to investigate where a complainant has insufficient personal interest in subject matter of complaint—no evidence to show the complainant had been given authority to complain on prisoner’s behalf about decisions taken in a prison—Ombudsman must be satisfied that the person concerned is aware of and consented to the complaint being investigated—under s 17(2)(c) of the Ombudsmen Act 1975, no investigation was undertakenRequest 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 PolicyRequest for advice to Solicitor-General by crown lawyer
Case notesRequest for advice to Solicitor-General by in-house Counsel of Crown Law Office—reasons for refusal of consent to prosecution—information covered by legal professional privilege—weight of public interest in Solicitor General’s reasons—distinction between factors taken into account and legal advice—protection of legal professional privilege not outweighedRequest for counselling guidelines published by the Abortion Supervisory Committee
Case notesRequest for counselling guidelines published by the Abortion Supervisory Committee—information withheld on grounds it would soon be publicly available—whether draft documents are ‘official information’—interpretation of ‘soon be publicly available’Request for legal advice
Case notesRequest for legal advice—information covered by legal professional privilege—public interest in Member of Parliament having information to discharge responsibilities to electors—balance between availability and protection of official information—protection of legal professional privilege not outweighedLand Information New Zealand (LINZ) resolves complaint informally following Ombudsman’s inquiries
Case notesDocument missing from complainant’s property file and Land Information New Zealand (LINZ) unreasonably delayed deciding the replacement and responsibility for cost thereof—following the Ombudsman’s inquiries, the matter was able to be resolved informally by LINZ – Land Transfer Act 1952, section 172—the case demonstrates that many complaints can be resolved by informal interventionCommunity Funding Authority changes decision to reduce funds for service organisation following complaint
Case notesDecision-making process in respect of allocation of funding by Community Funding Authority to service provider not transparent—failure to conform to formal notice requirements in relation to a reduction in funding—failure to follow correct procedures in review of funding decisionMuseum of New Zealand display ‘virgin in condom’ allowed under legislation
Case notesDecision to display art exhibition—offence given by some items—statutory functions and duties of Museum—Museum of New Zealand Te Papa Tongarewa Act 1992, ss 4, 7(j), 8(b) and 8(c)—Ombudsmen Act 1975, s 13Department 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 SecretariatNew Zealand Post accepts recommendation to undertake gate delivery on steep rural street
Case notesNew Zealand Post refused to do a gate delivery in rural area because of the state of the road—Ombudsman considered NZP’s reasons and sought advice from Transit New Zealand about the state of the road—report showed it was not as steep as others in the area where deliveries were made—complaint upheld that the refusal to deliver to the gate was unreasonable and discriminatory between residents in different areas—NZP accepted finding and delivery to the gate was commencedNew Zealand Post reconsiders redirection policy for student hostel residents
Case notesMisleading advertising re mail redirection service—not available to students in halls of residence—review of policy in specific case, not of general applicationRequest for legal opinion used in making submissions on proposed regulatory changes
Case notesRequest for legal opinion—request refused under s 9(2)(h)—opinion used extensively in submissions—view formed that privilege waived—any need to withhold outweighed under s 9(1) by strong public interest considerationRequest for names of ‘eminent New Zealanders’ consulted during preparation of Intelligence and Security Agencies Bill
Case notesRequest for names of ‘eminent New Zealanders’ who were part of the consultative process in preparing the Intelligence and Security Agencies Bill—request refused under s 9(2)(g)(i) —individuals consulted—in respect of those who advised that disclosure would inhibit them from giving free and frank advice to the Government in future, section 9(2)(g)(i) applied—need to withhold outweighed by countervailing public interestRequest for copy of report about resource teachers of Maori
Case notesRequest to Minister of Education for report about resource teachers of Maori—request refused under s 18(d)—two months later report still not available—no reason under OIA to withhold information—Minister agreed to release report—release further delayed for purpose of consulting Associate MinisterRequest for communications between Minister of Finance and the Reserve Bank
Case notesRequest for communications between Minister of Finance and the Reserve Bank regarding economic growth, monetary policy and inflation outlook—information withheld under ss 6(e)(iv), 9(2)(d), 9(2)(f)(iv) and 9(2)(g)(i)—markets are extremely sensitive and react to the most subtle signals—if released, Reserve Bank would be likely to become more guarded about what was said at, and recorded after, meetings with Minister—s 9(2)(g)(i) applied and no countervailing public interest considerations which outweighed need to withholdRequest for faxes annotated with advice from General Counsel
Case notesRequest for copies of faxes sent to New Zealand Dairy Board by the requester and any information generated by them—faxes annotated with advice from General Counsel—request declined under s 9(2)(h)—Board agrees to waive privilege and information releasedRequest for Annual Report of a State-Owned Enterprise
Case notesRequest for Annual Report of a State-Owned Enterprise—request refused under s 18(d)—ss 15(1) and 17(2)(b) of State-Owned Enterprises Act 1986 regulate manner in which Annual Report to be made available—s 52(3)(b)(ii)—s 18(d) applies provided release in accordance with statutory timeframesRequest for a copy of paper presented to Cabinet Strategy Committee
Case notesInformation deleted from position paper on pricing issues presented by ECNZ to Cabinet Strategy Committee—ss 9(2)(g)(i) and 9(2)(j) applied to some of the information—interest in withholding information in certain sections of the paper outweighed by strong public interest in disclosure—s 9(1)—electricity pricing has a direct widespread impact on a large number of New ZealandersRequest for information disclosed during confidential Ministerial briefing to sector group
Case notesRequest by Opposition for information disclosed during confidential Ministerial briefing to sector group—s 9(2)(g)(i)—effective conduct of public affairs—public interest balancing—accountability—need for transparency in Minister’s dealings with financial sectorRequest for information relating to the setting up of the Special Committee on Nuclear Propulsion
Case notesRequest for information relating to the setting up of the Special Committee on Nuclear Propulsion—given the sensitivity of the nuclear propulsion issue and the context in which the information had been generated, the withholding of the information was necessary under ss 9(2)(f)(iv) and 9(2)(g)(i)—at the time of the review the balance of public interest favoured withholding the information requested—the overall public interest was better served in allowing the Special Committee to complete its review in an orderly manner