Resources and publications
Ngā rauemi me ngā tānga
Search guides, case notes, opinions, reports and other information. Resources and publications can also be searched by date and other options.
Use the search bar to make your search. Then use the filters to narrow down the results by resource type or topic.
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.
40 Resources Show all
Summary of the Ombudsman's submission to the United Nations Committee against Torture
OPCATKey themes for the Committee’s consideration In the period between the Committee against Torture’s last review of New Zealand in 2015 and the present, I have conducted over 500 visits to places of detention.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.The OIA for Ministers and agencies: A guide to processing official information requests
Official informationThe 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 informationThe 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 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.Dealing with OIA requests involving Ministers: A guide to transfer, consultation, and the notification of decisions on OIA requests
Official informationThis guide provides advice for agencies dealing with OIA requests where Ministers might need to be involved.Conclusive 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.Department of Internal Affairs’ interpretation of Rates Rebate Act correct in partnership income issue
Case notesDecision not to investigate a complaint about the Department of Internal Affairs’ interpretation of the Rates Rebate Act 1973Adequacy 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 validatedDepartment 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 legislationAuckland International Airport unreasonable to issue Trespass Notice
Case notesAuckland International Airport Ltd—Trespass Notice to shuttle driver unreasonable and unjust—penalty imposed by airport out of proportion in relation to offenceLand Information New Zealand entitled to sell property previously available for buy-back
Case notesClaim as successors for the offer-back of a disused school site—Ombudsman not wholly satisfied with some aspects of the process adopted by LINZ, but concluded that claimants could not fall within the statutory definition of ‘successor’Transpower New Zealand’s refusal to consent to construction not unreasonable
Case notesComplaint about refusal of Transpower New Zealand Ltd to allow building on property over which it had easement—Transpower refused consent—Ombudsman found its actions not unreasonableMinistry of Culture and Heritage’s decision regarding artefact was reasonable
Case notesMinistry of Culture and Heritage—custody of bone artefactLandcorp fails to monitor survey of land for sale
Case notesLessee of Crown land given opportunity to purchase it freehold in 1996 from Landcorp—a review of title revealed land had been surveyed to exclude all internal waterways used by lessee for his salmon and trout farms and problem discovered too late for exemptions under Conservation Act—the consequences of survey effectively confiscated farms and lessee complained to Ombudsman that Landcorp’s failure to monitor survey allowed issuance of title for an unviable property—Ombudsman reviewed circumstances and agreed Landcorp should have ensured it was informed of survey progress—its failure to monitor meant Landcorp could not take more effective measures to overcome title issues and land subsequently not fit for sale—view formed that Landcorp’s sale was unreasonable—Landcorp disagreed with view but agreed to make ex-gratia payment to complainantTransfer of request for information on Bill from Ministry of Justice to Associate Minister
Case notesResearcher complained that transfer had the effect of narrowing the scope of his request— complaint reviewed under OA—information ‘more closely connected’ to functions of Associate Minister—decision to transfer request was reasonableTransfer of request from Tertiary Education Commission to Associate Minister of Education (Tertiary Education)
Case notesMinister had instructed Commission to transfer all requests regarding a training centre for his consideration—OIA does not provide for blanket policy to transfer all requests on a subject— Commission must consider requests on case by case basis—information in this case not more closely related to functions of Associate Minister—decision to transfer request contrary to lawDecision to transfer OIA request based on identity of requester
Case notesRequest for official information specifically held by Ministry of Education—Ministry transferred request to Minister of Education on the basis that the information was more closely connected to the functions of that Minister—request specifically for information held by Secretary and Ministry officials—Ministry advised Chief Ombudsman that decision to transfer based on a directive that all media requests should be transferred to Minister for reply—not sufficient grounds for transfer under s 14(b)(ii)—complaint sustained—Ministry reviewed its processes for transferring requestsTransfer of media request from Ministry of Education to Minister
Case notesRequested information not more closely connected with the Minister’s functions—blanket policy to transfer all media requests to Minister unlawfulCrown 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 13Charge for information requested from the Minister of Revenue
Case notesRequest by Parliamentary Research Unit to Minister of Revenue—convention for requests to be made to appropriate Minister and not to charge for supply of information—information held by Inland Revenue Department—request not transferred by Minister but responded to by Department— ss 13, 14, 15, 18(f).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 undertakenLand 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 decisionSerious Fraud Office decision to withhold information under the SFO Act found not to be unreasonable in Ombudsmen Act terms
Case notesThe secrecy provisions of Serious Fraud Office Act 1990 and its relationship with Official Information Act were considered in an investigation involving the Serious Fraud Office—a complaint had been made to that agency about an allegation of fraud by a bank official and the agency found no evidence of fraud—the complainant pursued the matter in court, requesting information from the SFO which was declined on the basis of the SFO’s discretion to withhold information—the Ombudsman concluded the OIA did not apply to the information at issue but under the Ombudsmen Act the withholding of the information could be considered (being a decision in terms of the Ombudsmen Act)—the Ombudsman found the SFO’s use of discretion was not unreasonableMuseum 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 applicationCrown unreasonably delays negotiation for sale or lease of crown land
Case notesUnreasonable delay in negotiations for sale or lease of Crown land—events overtaken by Cabinet directive to place surplus Crown land in land bank for Treaty of Waitangi claims