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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.
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Template letters and work sheets
These template letters and work sheets can be used by agencies to help respond to official information requests.
26 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.Office of Privacy Commissioner not unreasonable to decline to investigate complaint against Police
Case notesOffice of the Privacy Commissioner (OPC)—decision not to investigate a complaint against the New Zealand PoliceState Services Commission’s consideration of complaint about Treasury policy paper was not unreasonable
Case notesWhether the State Services Commission’s consideration of a complaint made by the New Zealand Post Primary Teachers’ Association about a Treasury policy paper, was reasonable—Ombudsman concluded SSC did not act unreasonably when it considered that complaintAccident 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 reviewerMeridian Energy’s process for purchasing property not unreasonable
Case notesComplaint about price Meridian Energy paid for a property—Ombudsman found the process had been reasonableSecurities Commission did not unreasonably apply conflict of interest policy and procedure
Case notesWhether the Securities Commission’s policy and procedures relating to the management of conflicts of interest were applied appropriately in this case—Chief Ombudsman concluded the Commission did not act unreasonablyCivil Aviation Authority changes its investigation practices following Ombudsman’s findings
Case notesComplaint about investigation by Civil Aviation Authority (CAA) of a light aircraft crash—criticism of way CAA conducted investigation into the crash which resulted in 2 deaths—after O’s investigation, CAA accepted a likely cause was from a crack in a conrod (engine part) which appeared shortly after the engine had been reconditioned—O considered CAA should not have asked the reconditioning company for assessment and that CAA was unreasonable not to interview engineers during its investigationActions of Office of Treaty Settlements reasonable in relation to a claim settlement process
Case notesOffice of Treaty Settlements—reasonable for OTS to rely on the findings of the Waitangi Tribunal that the South Island Landless Natives Act 1906 (SILNA) represented an inadequate response to the Ngāi Tahu landlessness and to regard any grievances that members of Ngāi Tahu might have with the adequacy of land granted under SILNA as a matter appropriately addressed during the Ngāi Tahu settlement process rather than remaining outside itEnergy Safety Service remedied initial inadequate investigation of accident
Case notesManner in which Energy Safety Service carried out investigation inadequate—however further inquiries made later—Ombudsman satisfied with later inquiries and concluded the decision not to prosecute not unreasonable in the circumstancesOverseas Investment Office approach to request for information in accordance with OIA guidelines
Case notesComplaint concerning Overseas Investment Office allegedly acting unlawfully in deciding to release a copy of a letter authored by complainant, in response to an OIA request—Ombudsman disagrees and considers complainant cannot ‘veto’ the release of the letterAgreement 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 135New Zealand Qualifications Authority and remarked paper with miscalculated mark
Case notesCorrection of arithmetical error in raw marks—remarking reduced mark—no effect on final scaled markAccident Compensation Corporation delays to review case caused financial hardship
Case notesLong term pain from back problem— ACC—manner of obtaining report-delays in review processPower Board decision to disconnect power unreasonable in the circumstances
Case notesElectric Power Board decision to disconnect power to a consumer’s home unreasonableNew Zealand Treasury found to have fettered discretion over bona vacantia decision
Case notesBona vacantia–Crown’s discretion to provide for persons for whom deceased might reasonably have expected to make provision—unreasonable and oppressive exercise of discretion s.77(1)(e) Administration Act 1969