Resources and publications
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Search guides, case notes, opinions, reports and other information. Resources and publications can also be searched by date and other options.
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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.
317 Resources Show all
Regional Authority’s tender process inadequate
Case notesRegional Council’s tender processes unreasonable, although the tender was incomplete, the Council officer contacted complainant after close of tenders to clarify his tender—having allowed an incomplete tender to proceed and provided complainant with an opportunity to clarify the tender, it was unreasonable for that clarification not to have been provided to the Tender CommitteeDepartment 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 legislationRequest for company’s annual report
Case notesReleasing cost of sales, expenses and revenue would enable competitors to determine the underlying cost of the company’s products and undercut them thereby prejudicing their commercial position—s 7(2)(b)(ii) appliesRequest for tender proposals, evaluation and scoring material relating to appointment of default KiwiSaver providers
Case notesRelease of detailed organisational information including information about products and fees would be likely unreasonably to prejudice the default providers’ commercial positions—section 9(2)(b)(ii) applies to tender proposals—explicit obligation of confidence—release would make it more difficult for MED to monitor compliance of default providers with their instruments of appointment and have a damaging effect on the success of the KiwiSaver scheme itself—section 9(2)(ba)(ii) applies to evaluation and scoring informationRequest for documentation about ‘Ageing in Place’ contract
Case notesRelease of detailed proposals and component prices would have an adverse effect on tenderers’ responses to future tenders issued by the DHB, which would damage the public interest—s 9(2)(ba)(ii) OIA applies—release would have an inhibiting effect in future on the quality of the documentation associated with the DHB’s contract negotiations and tender evaluation, which would be prejudicial to the future conduct of such tenders—s 9(2)(g)(i) appliesRequest for discussions between Ministers on business before Cabinet
Case notesDiscussions between Ministers on business before Cabinet imbued with a presumption of confidentiality—s 9(2)(g)(i) provides good reason to withhold undocumented discussionsRequest for draft public discussion document regarding auditor regulation
Case notesClose-to-final draft containing limited evidence of opinion material—risk of public misunderstanding of the status of this draft document did not justify withholding and could be addressed by disclosure of contextual information—strong public interest in transparency of the policy development process given full-scale public consultation no longer intendedRegional Authority not unreasonable in approach to Council’s earthworks activity
Case notesLocal Authority constructed walkway—Regional Authority took reasonable action against Council—whether application for resource consent should have been notifiedLocal Authority’s management of consent process not unreasonable
Case notesLocal Authority proposal for Youth Zone to be included in Reserves Management Plan criticised—alleged lack of public consultation—concern that the report recommending inclusion of a Youth Zone was biased and misleading—Ombudsman finds Council did not act unreasonablyLocal Authority agrees to pay difference in solicitor fees
Case notesLocal Authority—fees charged to complainant for legal work required in relation to a building consent—not unreasonable to require Council solicitors to carry out the work as long as their fees are no higher than complainant’s own solicitor—failure to inform complainant of liability for legal fees but no material disadvantage caused by thisReport 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.Request for costs of advertising campaign
Case notesRelease would undermine strategy to increase advertising revenue—s 9(2)(i) appliesRequest for draft report on Department of Labour internal controls prepared by KPMG
Case notesDocument labelled ‘draft’ really a final—author was a consultant who would not be deterred from expressing free and frank opinions in future—s 9(2)(g)(i) does not applyRequest for composition and active ingredients of veterinary medicine
Case notesEarly release of product formulation would inform competitors of what will be brought to market, enabling them to impede the product’s entry or bolster their own marketing—the likely degree of impact would be unreasonable—public interest in promoting public participation does not outweigh the need to withhold—s 9(2)(b)(ii) appliesCharge for supply of information about Maori interests in the management of petroleum
Case notesCharge avoided by allowing inspection subject to conditionsRequest for TVNZ footage of court case
Case notesFootage could be used by other producers and so disadvantage TVNZ in carrying out its commercial activity as a broadcaster of news, current affairs and documentaries—s 9(2)(i) appliesRequest for transcripts of Police communications in relation to emergency calls
Case notesNo blanket protection for operational discussions between Police officers—need for withholding had to be assessed with regard to the content of the actual communications at issue—opinions expressed were ‘free and frank’ but were not ‘necessary’ for effective conduct of public affairs—details about the communications already publicly available—s 9(2)(g)(i) did not apply and even if it did it was outweighed by strong public interest in releaseRequest for draft responses to OIA requests
Case notesReleasing draft OIA responses would be likely to inhibit the future free and frank expression of opinions—s 9(2)(g)(i) appliesLocal Authority unreasonably created expectation concerning amenity design
Case notesLocal Authority refused to redesign toilet block as promised—Ombudsman considered advice to complainant unreasonable—Council then agreed to redesignCorrections unreasonable not to pay for inmate’s glasses for re-integration programme
Case notesLong serving prison inmate required glasses to participate in reintegration programme and work in prison tailor shop—Department of Corrections refused to pay for glasses unless inmate would refund them through his prison earnings—inmate later found out Department had paid for another inmate’s glasses in full—Ombudsman sustained complaint that inmate was not treated fairly—refund to inmate of money paid recommended.Request for information relating to residential care contract
Case notesNegotiation of age-related residential care contracts not a commercial activity—s 9(2)(i) does not applyInvestigation 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.Request for advice and ‘think piece’ on reprioritisation or savings in Vote Education
Case notesDisclosure of internal discussion documents and advice to Ministers would prejudice ongoing decision making process—disclosure of internal ‘think piece’ would inhibit future expression of free and frank opinions by officials—ss 9(2)(f)(iv) and 9(2)(g)(i) provide good reason to withholdRequest for draft briefings to the incoming government
Case notesDisclosure of draft briefings to the incoming government would make officials reluctant to be so free and frank in expressing their initial and untested views and cause them to prefer less efficient and transparent verbal exchanges—section 9(2)(g)(i) appliesInvestigation of the Department of Corrections in relation to the detention and treatment 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. At the end of 2004 serious issues related to the treatment of prisoners came to public attention.Request for report on suicide and the media
Case notesStrong public interest in requester having access—participation in making of laws and policy— release on conditionsCouncil agrees to provide building consent at no cost
Case notesCouple’s spouting on outbuilding needed to be replaced—City Council advised that a building consent was required—complaint made that this was unreasonable—officials met onsite to examine outbuilding and property—an already approved storm water drain was identified and Council agreed to issue building consent at no cost to couple—complaint resolvedCouncils cannot act without proper authority regarding water usage charges
Case notesCouncil installed water meter on landowner’s property so that water charges would be based on quantity used rather than flat domestic rate—owner complained that he was not consulted and there was no evidence that he was using water indiscriminately—Ombudsman reviewed legislation empowering Council to impose charges—legislation required Council resolutions – none passed—Council acted without proper authority—levies refunded and domestic rate reinstatedCouncils advised to keep information for resource consents until all appeals exhausted
Case notesGrape grower sought transparencies used in Council hearing for resource consent—Council had destroyed transparencies in accordance with 15 year practice on basis that the information was generic—Council created new transparencies with same information—grape grower alleged the information was not the same as on the originals—Ombudsman unable to compare the two —Council agreed to change practice and retain information used in hearings until all appeals exhaustedRequest for copy of competitor’s licence deed
Case notesFerry service operator requested copy of competitor’s licence deed from ferry terminal facility owner—request refused under s 7(2)(b)(ii) LGOIMA on basis release would prejudice commercial position of licensee—licensee argued that it had originally negotiated licence in atmosphere of complete commercial confidentiality with then port authority at a time when neither party was subject to LGOIMA—Ombudsman considered s 8 LGOIMA and s 75 Local Government Act 2002—neither Act contains transitional or saving provisions concerning information held by private bodies that later become subject to this legislation—request for such information should therefore be considered in same way as any other LGOIMA request—Ombudsman found no commercial prejudice likely and strong public interest in release—facility owner released information.Request for names and email addresses of people consulted on draft speech
Case notesRecipients and senders of emails consulted—disclosure would not inhibit senior public servants from expressing free and frank opinions in future—however others would be inhibitedRequest for draft answers to parliamentary questions prepared by Police staff
Case notesSection 9(2)(g)(i) applied—release would prejudice the free and frank expression of similar communications in future—no public interest override