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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.
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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.
1476 Resources Show all
Inappropriate public exclusion by local authority
Case notesDecision of local authority’s Environmental and Planning Committee to exclude the public from part of a meeting at which a draft regional policy statement was considered—inappropriate use of s 48(1)(d)Request for reasons for decision not to interview job applicant
Case notesRequest by unsuccessful applicant for statement of reasons for non-selection for interview—vague, non-specific statement provided—following review fuller statement identifying factors taken into account providedRequest by unsuccessful applicant for successful applicant’s performance agreement
Case notesRequest by unsuccessful applicant for successful applicant’s performance agreement—portions of agreement withheld under s 9(2)(a)—information at issue found to be about job requirements not personal about the jobholder—information released.Request for Crown Health Enterprise Business Plans
Case notesRequest for Crown Health Enterprise Business Plans—request refused on commercial grounds—some information protected by ss 9(2)(i) and 9(2)(j)—public interest in disclosure substantially met by release of balance of plansRequest to Minister of Immigration for copy of list of overstayers
Case notesRequest for copy of list of overstayers—request refused under s 9(2)(a)—list held compiled for internal 'alert' purposes and not necessarily accurate—privacy interest—no countervailing public interest considerations which outweighed need to withholdRequest for curricula vitae of applicants selected for interview
Case notesRequest for curricula vitae of applicants selected for interview—information withheld under s 9(2)(a)—summaries made available under s 16Request for Annual Report of a State-Owned Enterprise
Case notesRequest for Annual Report of a State-Owned Enterprise—request refused under s 18(d)—ss 15(1) and 17(2)(b) of State-Owned Enterprises Act 1986 regulate manner in which Annual Report to be made available—s 52(3)(b)(ii)—s 18(d) applies provided release in accordance with statutory timeframesRequest for the contract regarding sale of Railway houses
Case notesRequest for copy of contract between NZRC and Stone Key Investments Ltd regarding sale of railway houses—refused as ‘commercially confidential’—contract document itself was not simply a standard form Agreement for Sale and Purchase with price and special conditions added, but was a specially drafted document which reflected the negotiating positions adopted by both parties—release would unreasonably prejudice the commercial position of Stone Key Investments—s 9(2)(b)(ii)—release was so likely to ‘prejudice or disadvantage’ the Corporation in future sales of surplus land that it was necessary to withhold the information at issue—s 9(2)(i)—sale agreement retained two key factors of the Corporation’s previous sales policy relating to its obligations as a ‘good employer’—public interest in disclosure of the manner in which those undertakings had been incorporated into the contract—public interest in disclosure of information enabling an assessment to be made of whether the Corporation had acted responsibly and obtained a ‘fair market price’—written summary releasedPolytechnic and inadequate complaints procedure to deal with sexual harassment complaint—ex gratia payment
Case notesPolytechnic failed to have proper procedures in place to handle complaint from student concerning sexual harassment—Polytech agreed that it had not dealt with the matter with urgency and had an inadequate complaints procedure in place—ex gratia payment was offered to the student for this reason, not because the claims of sexual harassment had been made out, although there was an indication that prima facie a case had been made out that unacceptable behaviour by a tutor had occurred—Polytech apologised, offering ex gratia payment and undertook to improve its complaints handling proceduresLocal Authority required to withdraw notification of excess water charges
Case notesCharging for water by quantity consumed—notification—charges not based on a bylaw—s26 of the Rating Powers Act 1988Ministry of Agriculture and Fisheries delays finding options to resolve infestation incurring loss to landowner
Case notesImposition of quarantine restrictions on land due to noxious plant infestation—no entitlement to compensation for loss of production—unreasonable delay in implementing effective remedyRequest for list of names of electors whose eligibility to vote had been challenged
Case notesRequest for list of names of electors whose eligibility to vote had been challenged—information withheld under s 9(2)(a)—privacy interest not outweighed by public interestCharge estimated in accordance with CRI’s charging policy
Case notesCharge levied by National Institute of Water and Atmospheric Research (NIWA)—Crown Research Institutes’ policy on charging—reasonableness of recovery of actual retrieval costs—charge reasonableRequest for discussion papers on Maori leadership which were no longer publicly available
Case notesRequest for discussion papers on Maori leadership which had been made available to the media—request refused by Minister of Maori Affairs under s 9(2)(g)(i)—no longer publicly available but issue of defamation action raised—section 48 effectively protects the Crown from defamation proceedings in respect of information which is made available in good faith under the OIARequest for information about the outcome of a complaint about a rest home
Case notesRequest for information about the outcome of a complaint about a rest home—request refused under s 9(2)(a)—public interest in complainants receiving adequate information about investigations and findings—release of summary of informationRequest for name of person/s who made statement to reporter
Case notesRequest for name of person/s who made statement to reporter—refused under s 9(2)(ba)—‘newspaper rule’—name/s of informants went to very heart of the rule—no public interest considerations which outweighed need to withholdRequest for amount of Government Securities beneficially owned by three major banks
Case notesAmount of government securities beneficially owned by three major banks as at the end of January 1990—information supplied pursuant to s 36 of the Reserve Bank of New Zealand Act 1989—importance of timely and accurate supply of data—s 9(2)(ba)(i) applied—holdings of Government Stock at specified dates important indicator of liquidity—s 9(2)(b)(ii) applied—public interest in protecting the investing public addressed by the provisions of the Reserve Bank of New Zealand Act relating to prudential supervisionRequest for sale and purchase agreement and deed of lease
Case notesRequest for NZ Post property agreements—ss 9(2)(b)(ii), 9(2)(i) and 9(2)(j)—no good reason to withhold either the deed of lease or the agreement for sale and purchase.Request by unsuccessful tenderer for copies of tender submissions for removal of bodies
Case notesFormat of the tender in this particular case was such that disclosure of the prices would be likely to prejudice the successful tenderer’s commercial position—s 9(2)(b)(ii) appliesRequest for price of successful tender to supply disposable syringes and needles
Case notesSections 9(2)(b)(ii) and 9(2)(i) do not apply—public interest in release to promote integrity and transparency of tender processRequest for information concerning United Nations Working Group on Indigenous Populations
Case notesInternational relations—comments by officials in relation to United Nations Working Group—‘would be likely to prejudice’ test applied—free and frank exchanges of opinions by officials at overseas post recorded in cable form—whether disclosure would inhibit expression of opinions in futureExtension of time limit to consult Minister
Case notesExtension of time—not necessary for the department to consult with the Minister in order to make a decision on the requestRequest for Police review on importation of firearms
Case notesRequest for access to Police review on importation of firearms—release of recommendations would undermine s 9(2)(f)(iv) but not the release of background information—public interest in disclosure outweighs need to withhold recommendations—issue of firearms control is one in which the principle of public safety is paramount—greatest possible transparency required in the making of laws and policiesRequest for advice to Government on producer board reform
Case notesRequest for advice to Government on producer board reform—paper dated December 1988—constitutional conventions—whether still under consideration in May 1999—whether disclosure would interfere with policy making—ss 9(2)(f)(iv) and 9(2)(g)(i)—public interest balancing—participation and accountabilityRequest for a copy of paper presented to Cabinet Strategy Committee
Case notesInformation deleted from position paper on pricing issues presented by ECNZ to Cabinet Strategy Committee—ss 9(2)(g)(i) and 9(2)(j) applied to some of the information—interest in withholding information in certain sections of the paper outweighed by strong public interest in disclosure—s 9(1)—electricity pricing has a direct widespread impact on a large number of New ZealandersRequest for information disclosed during confidential Ministerial briefing to sector group
Case notesRequest by Opposition for information disclosed during confidential Ministerial briefing to sector group—s 9(2)(g)(i)—effective conduct of public affairs—public interest balancing—accountability—need for transparency in Minister’s dealings with financial sectorRequest for information relating to the setting up of the Special Committee on Nuclear Propulsion
Case notesRequest for information relating to the setting up of the Special Committee on Nuclear Propulsion—given the sensitivity of the nuclear propulsion issue and the context in which the information had been generated, the withholding of the information was necessary under ss 9(2)(f)(iv) and 9(2)(g)(i)—at the time of the review the balance of public interest favoured withholding the information requested—the overall public interest was better served in allowing the Special Committee to complete its review in an orderly mannerRequest for Court Registrar’s report
Case notesReport on aborted trial released with deletions—‘free and frank expressions of opinion’ by Registrar—no public interest overrideRequest by parents for medical records of 13 year old daughter
Case notesRequest for medical records—information about parents and child refused under s 9(2)(a)—during review girl consulted—information released other than therapy transcriptsRequest for advice relating to remuneration packages of executives involved in sale of SOEs
Case notesRequest for advice on remuneration packages of executives involved in the sale of SOEs— privacy issues—s 9(2)(a)—remuneration package released subject to deletion of dollar figures.Request for recruitment video
Case notesRequest for copy of video commissioned for overseas recruitment—privacy of individual officers appearing in it—s 9(2)(a)—privacy interest not strong—public interest outweighs any privacy interest—s 9(1)—how Treasury sees its role and how it presents that image to potential recruits both in New Zealand and overseas is a matter of strong public interestRequest for polytechnic financial report
Case notesFinancial report not free and frank expression of opinion—linkage between information and expression of opinion—what constitutes improper pressure or harassment—section 9(2)(g)(i) not a ground for exclusion of public from meeting