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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.
41 Resources Show all
OIA compliance and practice in Accident Compensation Corporation
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.Requests to Ministry of Health and ESR for Covid-19 cycle threshold values
Case notesInformation requested initially refused for privacy reasons. The agencies subsequently focused on section 9(2)(c) of the OIA (to avoid prejudice to public health or safety measures).WorkSafe’s decision not to formally investigate an incident
Case notesComplaint about WorkSafe’s decision not to investigate and lay charges following an accident causing injury – failure to consider all relevant information – failure to engage meaningfully with the complainant – no evidence that documents had been faMaking official information requests: A guide for requesters
Official informationIf 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.Requests for reasons for a decision or recommendation: A guide to section 23 of the OIA and section 22 of the LGOIMA
Official informationThis is a guide to requests made under section 23 of the OIA (section 22 of the LGOIMA).Energy Efficiency and Conservation Authority not unreasonable in tender process
Case notesComplaint about tender process when tenderer found its partner had also bid individually but was not informed by EECA—Ombudsman concluded the process followed was not unreasonable and had already been reviewed by independent reviewerAdequacy 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 validatedAccident Compensation Corporation failed to explain reasons for decision made on independent review
Case notesACC failed to provide a full and detailed explanation as to why it declined to make an ex gratia payment as recommended by an independent reviewerRequest for reasons about unsuccessful reappointment
Case notesExtent of detail required in response to s 23 request depends on circumstances of particular case – a requester may still have questions after they receive statement of reasons but that does not mean statement is inadequate – s 23(2A) only protects evaluative material that has been ‘supplied’ by someone elseDepartment 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 complaints arising from aerial spraying
Systemic investigationsIn June 2003 I received complaints from Ms Jane Schaverien, then of Auckland but now of Wellington, to investigate under the Ombudsmen Act 1975 the question whether the information given to Ministers by the Ministry of Agriculture and Forestry was inadequate regarding the possible dangers associated with the widespread concentrated use of Foray 48B in West Auckland, and in relation to the Ministry of Health, whether the Ministry had failed to pursue its responsibilities under the Health Act, 1956, or had abdicated those responsibilities in favour of the Ministry of Agriculture and Forestry. In September 2003 I received a complaint from a Hamilton resident, Ms Michelle Rhodes, in generally similar terms regarding the Ministry of Agriculture and Forestry. These complaints arose from the aerial spraying operations carried out on behalf of the Ministry of Agriculture and Forestry in West Auckland to eliminate the Painted Apple Moth, and in parts of Hamilton to eliminate the Asian Gypsy Moth. In relation to West Auckland these operations began on a comparatively small-scale in January 2002, they were continued on a much larger scale through to May 2003, and were finally completed in May 2004.Request for reasons about non-appointment
Case notesInadequate statement of reasons – more detail and specificity necessary to meet the requirements of s 23Department of Conservation unreasonable to cease administrative practice without notice
Case notesDepartment of Conservation to discontinue without notice a practice which people had come to reasonably rely on—Ombudsman concludes it was unreasonable to cease this administrative practice without noticeAgreement by ACC to stop regular rehabilitation assessments in light of information it already holds
Case notesWhether the Accident Compensation Corporation (ACC) was reasonable to carry out regular assessments of a claimant for vocational rehabilitation despite already holding medical and occupational assessments confirming the claimant’s limitations—Ombudsman concluded this was not reasonable in the circumstancesACC delay to obtain opinion from Crown Solicitor unreasonable
Case notesA 17 month delay by ACC in deciding whether to prosecute claimant for fraud but this delay due to 16 month delay by Crown Solicitor in providing ACC with written legal opinion — Ombudsman unable to investigate actions of Crown Solicitor but could consider how ACC dealt with the delay—three emails by ACC sent in 13 month period, then a formal request sent in writing for legal opinion—no agreed timeframes for when advice could be expected and Ombudsman of view that it was unreasonable for ACC to wait 14 months before formally raising concerns about the delay with the Crown Solicitor—ACC apologised to complainant and agreement reached between ACC and Crown Solicitor that legal opinions will be provided within 21 days of receipt of requestACC required to contribute towards client’s travel costs to attend hearing
Case notesACC client had difficulties with Individual Rehabilitation Plan and case manager—weekly earnings stopped—client sought review and later appealed decision to District Court but before hearing took place client moved to another town and had new IRP and case manager, and the earnings were reinstated—the client chose to continue with appeal in District Court but the appeal was unsuccessful—ACC refused to reimburse client for travel expenses but Ombudsman held this decision unreasonableACC has responsibility to meet statutory obligations despite uncooperative claimant
Case notesRefusal to compensate for alleged ‘wrongful action’ – independent review of case incomplete because of complainant’s behaviour—treatment and rehabilitation compromised by stand-off between claimant and Corporation—complaints sustained and recommendations made but rejected by Corporation—Accident Insurance Act 1998Accident Compensation payment backdated but delay to repay
Case notesACC claimant originally declined attendant care payment and review of decision found that claimant was entitled to payments and they should be backdated to 1983—ACC accepted review decision but payments not forthcoming. Claimant’s family complained to Ombudsman and ACC explained it was in the process of calculating amount owed and expected negotiations to begin shortly—Ombudsman kept informed on progress—meetings between ACC and claimant’s family occurred with final amount calculated and preparations made for payment to be forwarded upon appointment of claimant’s property manager—Ombudsman discontinued enquiriesDepartment of Conservation within rights on Memorandum of Transfer for land easement agreement
Case notesAgreement for Sale and Purchase between private landowner and Crown—creation of equitable easement—registered Memorandum of Transfer creates legal easement but excludes reference to ‘members of the public’ referred to in equitable easement—whether conduct of Department of Conservation was reasonable—Ombudsman could not assist—effect of Court of Appeal decisionACC’s Advisory Committee Members cannot provide independent opinions on cases they then later consider
Case notesLack of independence alleged on part of medical expert—provider of independent advice also had deliberative role—perception of possible predetermination—complaint sustained and recommendation made—Accident Insurance Act 1998ACC withheld document favourable to complainant’s case for review and accepted Ombudsman’s view that its service was inadequate
Case notesIncomplete copy of file supplied—document favourable to claimant not revealed until after successful review—inadequate explanation offered—apology and remedial action instituted—Accident Insurance Act 1998Request for Department’s reasons for declining application
Case notesDepartment maintains it had given its reasons previously, in writing and verbally on many occasions—requirements of s 23 had not been met—compliant statement of reasons providedRequest for reasons for decision made three years earlier
Case notesRequest for reasons for decision made three years earlier—request declined on grounds it was not ‘made within a reasonable time of the making of the decision’—decision to decline request upheldNew 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 madeAccident Compensation Corporation exercise of discretion found to be misleading and deficient
Case notesExercise of ministerial discretion—effect of advice to Minister fettered exercise of discretion—matter resubmitted to Minister for reconsideration—complaint deemed resolved—Accident Rehabilitation and Compensation Insurance (Experience Rating) Regulations 1993, regulation 7ACC overpaid compensation in error but agreed to write-off debt
Case notesAccident Compensation Corporation overpaid compensation in error and then tried to recover the overpayment debt from young debtor in poor financial position—Ombudsman found for the complainant and ACC agreed to write off debt and revise debt recovery policyAccident Compensation Corporation should clearly identify claimants’ rights in leaflet
Case notesReference to review and appeal rights contained in accompanying leaflets rather than incorporated in decision letter - Accident Rehabilitation & Compensation Insurance Corporation (ACC) agreed to include standard text in letter of advice to claimants - Accident Rehabilitation and Compensation Insurance Act 1992, s 67Request for information framed in terms of section 23
Case notesRequest framed in terms of s 23—Crown Law sought details of requester’s personal interest in information at issue—requester objected on grounds of his right to seek information—Crown Law had not acted improperly in seeking further information from the requester—if an organisation fails to recognise that a request falls within the scope of s 23 and by error processes it pursuant to the more general provisions in Part 2 of the Act, a requester may be deprived of information to which he or she is entitled—no formal investigation—requester invited to advise Crown Law whether he had any personal interest in the decision in questionReview and Appeal Rights available for ACC claimants
Case notesFailure to compensate for medical error—review and appeal rights available therefore outside jurisdiction—ACC Complaints Investigator available to consider peripheral issuesDepartment 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 Secretariat