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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.
1476 Resources Show all
Request for information relating to divestment of Crown shares in Electricity Corporation
Case notesRequest for information relating to divestment by Crown of shares in Electricity Corporation (ECNZ)—request refused—ECNZ removed from Schedule 1 to Official Information Act during course of investigation—investigation discontinuedRequest for legal advice
Case notesRequest for legal advice—information covered by legal professional privilege—public interest in Member of Parliament having information to discharge responsibilities to electors—balance between availability and protection of official information—protection of legal professional privilege not outweighedRequest for information about adoption
Case notesRequest for information about requester’s adoption—requester unaware she had been adopted until recently—birth mother now deceased—information withheld to protect privacy—relevance of family relationship and age of information considered in determining strength of privacy interest—file made available to requester in its entiretyRequest for all policy recommendations made to Minister on Land Transport Pricing Study
Case notesRequest for all policy recommendations made to a Minister on the Land Transport Pricing Study —some recommendations not received by Minister at date request received, but generated and held by the Ministry prior to response to request being given—should such information be included in initial request—should requester be advised that information has subsequently come into existenceLocal Authority has no right to demand legal and court fees from non-paying customer
Case notesLocal Authority issued legal proceedings to recover unpaid mooring charges along with an account for ‘legal and court costs’—as the case had not been heard by a Court, the complainant claimed this was wrong—Ombudsman upheld the complaint, noting that a Local Authority cannot claim costs and legal fees (this being a matter for the Court to determine) and the Local Authority cannot list these on a person’s account as owing—the Local Authority changed its procedures regarding recovery of court costsLocal Authority not unreasonable to grant non-notified resource consent despite neighbour’s objections
Case notesLocal Authority granted non-notifiable resource consent for building extension where complainant claimed the structure would block his lake views. Council correctly applied s 94(2)(b) when it determined that no persons would be affected by the building because the adverse effect of the proposal on the environment was minor—allowing the proposal to proceed on a non-notified basis was not unreasonableLocal Authority remedies misunderstanding with elderly vendor in property re-purchase agreement
Case notesValuation of property for re-purchase—reliance by Council on valuer’s expertise—Council did not disclose information about recent comparable sales—perceived threat to withdraw unilaterally from transaction—Council’s intention to offer vendor opportunity to seek release from contract—apology and ex gratia payment offered for misunderstandingLand Information New Zealand (LINZ) resolves complaint informally following Ombudsman’s inquiries
Case notesDocument missing from complainant’s property file and Land Information New Zealand (LINZ) unreasonably delayed deciding the replacement and responsibility for cost thereof—following the Ombudsman’s inquiries, the matter was able to be resolved informally by LINZ – Land Transfer Act 1952, section 172—the case demonstrates that many complaints can be resolved by informal interventionLocal Authority revises time limits for oral submissions on draft annual plan
Case notesAnnual Plan—special consultative process—amount of time to be allowed for oral submissions—s 716A of the Local Government Act 1974Review 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 issuesLocal Authority agreed its processes were inadequate when it removed vehicle from public street
Case notesVehicle removed by Local Authority in street—car had no registration sticker, was removed in accordance with ss 356(2) and (5) of the Local Government Act 1974 and stripped and crushed at a local tip—complainant claimed unfair process and investigation indicated a dispute of facts between the two parties about the time the car had been parked—Ombudsman found Authority’s records of actions inadequate—due process not followed—Authority accepted opinion—agreed to compensate for loss of the vehicle, apologise and to improve clarity of guidelines and procedures for record keepingLocal Authority determines adverse effect for non-notified resource consent
Case notesNon-notified resource consent application for consent to erect second storey to property—neighbour denied objection and appeal rights—interpretation of s 94 of the Resource Management Act 1991Ministry of Health’s guidelines on interpretation of Mental Health (Compulsory Assessment and Treatment) Act 1992 need clarification
Case notesMinistry of Health guidelines on interpretation of Mental Health (Compulsory Assessment and Treatment) Act 1992, s 38(1)—guidelines advised broad interpretation—relevant case law suggested narrow construction—guidelines amended—Innes v Wong 3 NZLR [1996] 238City Councillors can challenge Council’s decisions through Council’s Regulatory Committee, not Ombudsman
Case notesDecision of Council not to notify application for resource consent—request by Councillor for review of decision—insufficient personal interest—Resource Management Act 1991, s 94—Ombudsmen Act 1975, s 17(1)(b)Inland Revenue Department agrees to review decision to withhold information under Tax Administration Act
Case notesInland Revenue withheld information requested by taxpayer relating to audit and prosecution and contained on taxpayer’s income tax review file and penal action file—the reason for withholding was pursuant to s 81(4)(I) of Tax Administration Act—the Department was encouraged to reconsider the discretion used in this case in light of Tax Disputes Resolution Procedures introduced subsequent to the decision having been made—IRD agreed and on review released most of the information, hence the investigation was closed as the complaint was resolvedCommunity Funding Authority changes decision to reduce funds for service organisation following complaint
Case notesDecision-making process in respect of allocation of funding by Community Funding Authority to service provider not transparent—failure to conform to formal notice requirements in relation to a reduction in funding—failure to follow correct procedures in review of funding decisionInland Revenue agrees to write-off Child Support debt in circumstances
Case notesWoman was overpaid Child Support when the child was no longer in custodian’s care—despite advising the then Department of Social Welfare (now Ministry of Social Development) and the then Child Support Agency, Inland Revenue Department advised custodian she needed to repay payments—complainant custodian claimed she had no means of knowing payments were being made incorrectly—Ombudsman’s investigation indicated appropriate action had not been taken by the Department when the complainant made inquiries—as a result, IRD agreed to write-off the debt in accordance with s152 of the Child Support Act 1991 and apologise to complainantSerious Fraud Office decision to withhold information under the SFO Act found not to be unreasonable in Ombudsmen Act terms
Case notesThe secrecy provisions of Serious Fraud Office Act 1990 and its relationship with Official Information Act were considered in an investigation involving the Serious Fraud Office—a complaint had been made to that agency about an allegation of fraud by a bank official and the agency found no evidence of fraud—the complainant pursued the matter in court, requesting information from the SFO which was declined on the basis of the SFO’s discretion to withhold information—the Ombudsman concluded the OIA did not apply to the information at issue but under the Ombudsmen Act the withholding of the information could be considered (being a decision in terms of the Ombudsmen Act)—the Ombudsman found the SFO’s use of discretion was not unreasonableMuseum of New Zealand display ‘virgin in condom’ allowed under legislation
Case notesDecision to display art exhibition—offence given by some items—statutory functions and duties of Museum—Museum of New Zealand Te Papa Tongarewa Act 1992, ss 4, 7(j), 8(b) and 8(c)—Ombudsmen Act 1975, s 13Work and Income and balance of benefit debt waived
Case notesRecovery of benefit overpayment by Income Support Service—existence of debt acknowledged—failure to provide breakdown of how debt arose—benefit file could not be located—balance of debt waivedRight of review available to Work and Income beneficiary over advance payment to spouse
Case notesWife of beneficiary granted advance on Invalid’s Benefit to pay power account without beneficiary’s knowledge or consent—beneficiary and wife later separated—advance recovered from beneficiary’s Invalid’s Benefit—beneficiary maintained Department had no authority to make advance—right of review available—further investigation precluded—Ombudsmen Act 1975, s 13(7)(1)(a)Department 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 SecretariatDistrict Council agrees to backdate effect of rate fee to when notice of ownership received
Case notesRating—uniform annual general charges levied on adjoining properties—local authority not notified that adjoining properties were occupied by same ratepayer—application for a refund on the basis that only a single uniform annual general charge was payable—Rating Powers Act 1988, ss 21(1) and 23.Immigration Service reviews returning residents visa policy following complaint
Case notesRefusal of application for returning resident’s visa—failure of New Zealand Immigration Service to advise applicant of discretion to make exception to policy—applicant incurred additional costs in changing travel plans—NZIS accepted responsibility for omission and reimbursed additional costs—policy on returning resident’s visa reviewed and amendedLocal Authority required to clarify ‘original ground level’ for purposes of resource consents under District Plans
Case notesPoints of reference for measurements for height dispensations—need for clarity in district plansAccident 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 135Earthquake Commission can impose excess levy under the regulations
Case notesTwo adjoining properties affected by a landslide – EQC levied an excess on both properties in accordance with the Earthquake Commission Act 1993 (Regulations 1993, reg 4(1)(b)—the Ombudsman concluded EQC was entitled to impose the excessCouncil ameliorates non-notified development plan where neighbours adversely affected
Case notesLocal Authority did not notify application for subdivision consent but neighbours claimed they were affected by it and following Ombudsman’s inquiries, Council agreed to ameliorate offending features of development—the complaint was therefore resolved to complainants’ satisfactionNon-notification under RMA not unreasonable, but Council should include community involvement in decision
Case notesNon-notification of resource consent application allowed—Resource Management Act 1991, s 94Request for complete rate records
Case notesRequest for city council’s complete rate records—request refused under s7(2)(a)—consideration of s 115(2) of Rating Powers Act and ss 7(1), 7(2), 60(3) of the Privacy Act—information releasedRequest for information about members of boards for which Minister of Maori Affairs responsible
Case notesRequest for information about members of boards for which Minister of Maori Affairs responsible—information withheld under s 9(2)(a)—some information already publicly available—a strong privacy interest did not attach to names and terms of appointment of board members of Maori Trust Boards and the Maori Soldiers Trust Central Committee—public interest in releaseRequest for details of severance payment and salary relating to second tier manager
Case notesRequest for details of payments made to former employee of Airways Corporation—information refused under s 9(2)(a) and s 9(2)(b)(ii)—release of salary information in a $20,000 band struck the right balance between the established privacy interest and the public interest in disclosure