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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.
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These template letters and work sheets can be used by agencies to help respond to official information requests.
17 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.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.Ministry of Foreign Affairs and Trade assistance for New Zealanders abroad not unreasonable
Case notesMinistry of Foreign Affairs and Trade (MFAT) provided advice to complainants held by school authorities in China—acted in accordance with international consular practice as set out in Vienna Convention—MFAT assistance limited to providing information and cannot interfere with decisions made by other countriesAccident 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 reviewerAgreement 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 enquiriesACC’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 1998Accident 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 67Review 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 issuesAccident Compensation Commission offers payment and apology for delays in settling claim
Case notesClaim declined—decision overturned by Appeal Authority—legislative changes in interim—entitlement lump sum payments lost—claim for ‘wrongful action’—claim for backdating of independence allowance—no authority to backdate—delay in settling ‘wrongful action’ claim—apology and token payment made—Accident Rehabilitation and Compensation Insurance Act 1992, ss 54 and 135Accident Compensation Corporation delays to review case caused financial hardship
Case notesLong term pain from back problem— ACC—manner of obtaining report-delays in review process