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53 Resources Show all

  • Inland Revenue refusal to provide tracing information for overseas borrowers justified

    Case notes
    A complainant requested information from Inland Revenue about how it traces student loan overseas. Inland Revenue refused the request on grounds it would be contrary to the provisions of the Tax Administration Act.

  • OIA compliance and practice in New Zealand Customs Service 2022

    Official Information Practice Investigations
    This report was released as part of ‘Ready or not?’, an investigation into OIA practices at 12 core agencies.

  • Request for data gathered by Inland Revenue contractor

    Case notes
    The Ombudsman formed the opinion that it was unreasonable for IR to rely on sections 18(e) and 18(c)(i) of the OIA in this case.

  • Request for MSD historic claims guidebook

    Case notes
    Complaint about the decision to withhold a document containing procedures and guidance under section 9(2)(j) of the Official Information Act—section 9(2)(j) did not apply—engagements conducted on a ‘take it or leave it’ basis are not clearly ‘negotiatio

  • The OIA for Ministers and agencies: A guide to processing official information requests

    Official information
    The purpose of this guide is to assist Ministers and government agencies in recognising and responding to requests for official information under the OIA.

  • The LGOIMA for local government agencies: A guide to processing requests and conducting meetings

    Official information
    The purpose of this guide is to assist local government agencies in recognising and responding to requests for official information under the LGOIMA.

  • Making official information requests: A guide for requesters

    Official information
    If you are seeking information from a Minister, or central or local government agency, you may be able to ask for it under either the OIA or LGOIMA.

  • Conclusive reasons for refusing requests: A guide to the conclusive withholding grounds in section 6 of the OIA and LGOIMA

    Official information
    This 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.

  • Ministry of Social Development’s decision not to review student allowance application

    Case notes
    The Ministry of Social Development refused an application for a student allowance and on review, concluded that the application should not proceed—Chief Ombudsman concluded that the decision to review the application as an administrative review (rather than a statutory review pursuant to section 305 of the Education Act 1989), was unreasonable—Ministry agreed to reconsider the application under the Education Act 1989

  • Request for briefing notes relating to state visits

    Case notes
    Inspection on conditions in order to identify the documents required provided means of resolving s 18(f) refusal

  • Adequacy of ex gratia payment to remedy mistake by Customs

    Case notes
    NZ 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 losses

  • Department of Internal Affairs provides reasonable service and advice to traveller on temporary passport

    Case notes
    Whether 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 validated

  • Ombudsman not authorised to consider terms and conditions of service of armed forces

    Case notes
    Complaint about Government decisions regarding exposure of Viet Nam veterans to Agent Orange—Ombudsman declines to intervene—one reason being that s/he is not authorised to investigate any matter concerning the terms and conditions of service of a member of the defence forces

  • Department of Internal Affairs not unreasonable to cancel passport

    Case notes
    Department of Internal Affairs—decision to recall and cancel complainant’s NZ passport – position determined by terms of legislation

  • Department of Internal Affairs accepts it unreasonably interpreted requirements for death certificate

    Case notes
    Department of Internal Affairs (DIA) did not allow certain details on death certificate—complainant requested amended death certificate for father because of error relating to birth date noted on original certificate—DIA accepted the Ombudsman’s opinion that the information should be recorded as required under the legislation at the time of death

  • Inland Revenue Department not unreasonable to decline ex gratia payment

    Case notes
    Inland Revenue Department (IRD) refused to provide financial compensation for error—complainant not affected financially by error—Ombudsman concluded IRD reasonable to offer apology and instalment plan for repayment of money sent in error to complainant

  • Inland Revenue agrees to offer ex gratia payment for error

    Case notes
    IRD delayed advising student of loan liability—IRD agrees to offer complainant ex gratia payment representing the accrued interest for the period the loan repayment had been outstanding

  • Charge for supply of information about Maori interests in the management of petroleum

    Case notes
    Charge avoided by allowing inspection subject to conditions

  • Inland Revenue Department not unreasonable to pay tax refund to estranged wife

    Case notes
    Inland Revenue (IRD) decision to pay complainant’s tax refund to estranged wife appropriate in the circumstances

  • Veterans Affairs New Zealand unreasonable not to allow appeal because incorrect form presented

    Case notes
    Complaint about Veterans Affairs’ decision not to allow appeal because the person appealing failed to fill out the application form properly—Ombudsman found that decision unreasonable and Veterans Affairs agreed to allow the appeal

  • Ministry of Social Development should make ex-gratia payment for accidental disclosure of an informant’s identity

    Case notes
    Whether Child Youth and Family (CYF), a service of the Ministry of Social Development (MSD) which received information from an informant about alleged offending by another individual, was reasonable to accidentally disclose the identity of this informant to the alleged offender – Ombudsman found CYF’s procedures for protecting the identity of informants had not been followed in this case

  • Request for report on suicide and the media

    Case notes
    Strong public interest in requester having access—participation in making of laws and policy— release on conditions

  • Complaint that notice of meeting did not comply with LGOIMA provisions and meeting minutes were not a true and correct record

    Case notes
    Member of public concerned that notice of meeting did not comply with relevant LGOIMA provisions and minutes of meeting were not a true and correct record—Ombudsman satisfied that meeting notified correctly—Ombudsman formed view that allowing one member of public to address subcommittee did not amount to a public forum and printing resolution on agenda was not sufficient to meet requirements of s 48(4)(a)—Council agreed to amend minutes and take steps to ensure staff aware of legal requirements

  • Inland Revenue’s policy and procedures deficient in case of child support repayments

    Case notes
    IRD reviewed child support payments for liable parent resulting in $180 per month increase backdated 3 months—parent advised he could not pay arrears in lump sum and sought payment in instalments—IRD agreed—custodial parent complained to Ombudsman—Ombudsman reviewed instalment policy—IRD’s decision made in accordance with policy—however policy did not require full disclosure or scrutiny of liable parent’s financial situation—Ombudsman of view decision in this case not unreasonable as followed policy, but policy and procedures deficient and unreasonable—IRD agreed to review policy and procedures

  • Request for tape recording of Council Committee deliberations

    Case notes
    Property owner sought tape recording of Council Committee deliberations (public excluded) on his application for a resource consent—withheld under s 7(2)(f)(i)—basis for public exclusion invalid but withholding grounds still available to Council—information on tape recording consisted of free and frank expression of opinions which, if released, would harm ‘the effective conduct of public affairs’ by hampering, delaying or preventing future resource consent processes—no countervailing public interest considerations favouring release that would outweigh the need to protect information

  • Inland Revenue provided incomplete advice therefore was unreasonable to decline remission application

    Case notes
    Provisional taxpayer advised by IRD of date tax due—advice relied on was wrong—late provisional tax resulted in ‘Use of Money Interest’ imposed by IRD—remission sought on grounds that taxpayer relied on IRD advice—remission declined as advice considered to be correct on the basis of details originally provided by taxpayer—Ombudsman formed view that information provided by IRD was correct but incomplete therefore decision to decline remission application unreasonable—partial remission appropriate in circumstances

  • Department of Labour reasonable not to investigate accident of primary student on extra-curricular activity

    Case notes
    Primary 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 reasonable

  • Ministry of Social Development has no authority to require beneficiary to appoint agent

    Case notes
    Illiterate 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 again

  • IRD delays verifying student’s address and unreasonably charged late payment penalties

    Case notes
    Student believed her student loan repaid by grandmother and she had had no contact from IRD for eight years—there was no evidence the loan was repaid and IRD accepted there had been an unreasonable excessive delay in contacting student due to lack of valid address—however the IRD had no power to write off initial loan balance but following the Ombudsman’s investigation, agreed to reinstate loan in the current year and cancel accumulated interest and penalties

  • Decision of University Council Committee to impose conditions on use of information

    Case notes
    Decision of University Council Committee to place an ‘embargo’ on the release of information considered by the Committee—embargo prevented any independent report on the information considered by the Committee until the next meeting of the Council of the University—meeting open to public—requester entitled to a copy of the agenda, subject only to the payment of the prescribed amount

  • Superannuation Appeals Board reasonably relied on Crown Law advice

    Case notes
    Failure 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 Social Welfare and suspending debt recovery action while disputing the debt through the appeal process

    Case notes
    Failure 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 revised