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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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These template letters and work sheets can be used by agencies to help respond to official information requests.
31 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.OIA compliance and practice at Waka Kotahi 2022
Official Information Practice InvestigationsThis report was released as part of ‘Ready or not?’, an investigation into OIA practices at 12 core agencies.Request for Associate Minister's letter concerning Let's Get Wellington Moving
OpinionsThe Hon Julie Anne Genter, Associate Minister of Transport (Associate Minister) sent a letter to the Hon Phil Twyford, Minister of Transport (Minister) during pre-consultation on the Let’s Get Wellington Moving (LGWM) indicative package draft Cabinet paDecision by public transport operator not to reimburse charges incurred due to unavailability of public transport services
Case notesComplainant unable to board public transport service within 30-minute transfer period incurs extra charges—operator declines to provide a refund citing its policy—complainant alleges an obligation to provide services to all destinations within 30 miRequest for information relating to Ministry of Education 2012 Special Education School Transport Assessment (SESTA) tender
OpinionsIn 2012, the Ministry of Education published a Request For Proposals (RFP) for the transport of special needs children for educational purposes called the ‘Special Education School Transport Assistance tender’ (SESTA tender).Adequacy 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 reviewerDepartment 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 legislationInvestigation of the Department of Corrections in relation to the transport of prisoners
Systemic investigationsUnder the Ombudsmen Act 1975, it is a function of the Ombudsmen to investigate complaints relating to matters of administration affecting persons in their personal capacity against various bodies, including the Department of Corrections (the Department). Pursuant to this Act, the Ombudsmen have power to investigate complaints by prisoners about all aspects of their detention by the Department. On 25 August 2006, prisoner Liam Ashley died as a result of injuries sustained while being transported in a van with other prisoners. Liam was aged 17, and had been the subject of violence by a 25 year old prisoner who was subsequently convicted of Liam’s murder. The Corrections Act 2004 aims to ensure that “custodial sentences and related orders … are administered in a safe, secure, humane, and effective manner”. It is a fundamental responsibility of the Department to achieve this.Agreement 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 1998New 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 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 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 SecretariatAccident 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 processMinistry of Transport makes ex-gratia payment following its oppressive unreasonable decision
Case notesDecision to issue Traffic Offence Notice and proceed to prosecute for ‘Careless Use Causing Injury’ alleged to be unreasonableMinistry of Transport not unreasonable to take car keys off driver failing breath test
Case notesTreatment by traffic officers of suspected drunken driver and passenger—adequacy of the law relating to passengers wishing to drive—adequacy of administrative procedures for handling suspected drunken driversMinistry of Transport should convey outcome of review into traffic accident involving its staff and public
Case notesAdequacy of investigation into complaints about an accident—adequacy of investigation into accident–case for administrative review of accident and complaint procedures where accidents occur involving a traffic officer and a member of the publicMinistry of Transport fails to clarify driver licence record and offers payment for expenses incurred
Case notesCosts—unreasonable decision not to reimburse expensesTransit New Zealand’s contractors required to act responsibly under terms of their contract
Case notesRoading reconstruction-affecting drainage on adjacent private property—damage to property by contractor during reconstruction—liability of Transit New Zealand for contractor’s action