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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.
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Contains our media releases, newsletters, pamphlets, speeches and fact sheets. Fact sheets are published in multiple language and accessible formats.
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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.
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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.
25 Resources Show all
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 miAddress information for the purposes of civil court proceedings
Official informationThis guide sets out the Ombudsman’s approach to OIA and LGOIMA requests for address information for the purposes of pursuing civil court proceedings.Request 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 validatedRequest for staff named in emails about genetically modified corn
Case notesSection 6(d) OIA did not apply—no real and objective risk of danger to safety—s 9(2)(g)(ii) OIA did not apply—many of the names were already publicly available in connection with this issue and no harm had ensued—section 9(2)(g)(i) OIA did not apply—infMinistry of Justice’s consultation with community when deciding on Youth Residence site not unreasonable
Case notesMinistry of Justice announced site of a youth residence premises—concerns that consultation process not appropriately carried out with local community—complaint that advice to Minister from Ministry unreasonable—Ombudsman concluded advice was not unreasonable and consultation process appropriateDepartment 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 issues involving the criminal justice sector
Systemic investigationsThe following is my report consequent on a reference directed to me by the Prime Minister to investigate the administration of the criminal justice system. The Terms of Reference directed to me are attached as Appendix A. By agreement the reporting date was extended to 1 December 2007. I note that my report is to be tabled in Parliament. My investigation has been conducted in accordance with the provisions in the Ombudsmen Act 1975.Investigation 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.Ombudsmen’s statements made during inquiry inadmissible in evidence in any Court or other proceedings
Case notesRequirement for Ombudsman’s investigation to be conducted in private—while another party may release details of the investigation, an Ombudsman cannot as this may prejudice the Ombudsman’s investigation and breach the Privacy ActNew 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 madeDepartment 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 SecretariatMinistry of Justice determines time spent in overseas prison awaiting extradition cannot be counted as time served
Case notesTime spent in overseas prison awaiting extradition—does not count as time served in New ZealandMinistry 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 unreasonableDepartment of Justice charged inmate incorrect amount for escort to attend tangi
Case notesExcessive charge arising from escort of prison inmate—correspondence—failure of Department to replyMinistry 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 driversDepartment of Justice allows same day parole for husband and wife
Case notesA husband and wife serving prison sentences at the same time—same day parole allowedDepartment of Justice failed to provide adequate opportunity for community comment on courtroom closure
Case notesAdvice to Minister re Court closure-whether fair and accurate—need for standard criteria to be adopted and appliedMinistry 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