Investigating official information complaints
If you are unhappy with the response that you have received to an official information request, an Ombudsman may be able to assist. Under the Official Information Act and the Local Government Official Information and Meetings Act, an Ombudsman can investigate complaints about decisions made on official information requests.
This page provides further information about the investigation process:
- Complaints an Ombudsman can investigate;
- How to lodge your complaint;
- What happens when you make a complaint?; and
- How is your complaint processed?
Further information about how to request official information and an Ombudsman's powers can be found under What we do - official information complaints.
Complaints an Ombudsman can investigate
The types of complaints that an Ombudsman can investigate under the Official Information Act and the Local Government Official Information and Meetings Act include:
- decisions to withhold or delete information from documents released to you;
- delays or extensions to the time limits for responding to requests
- charges for supplying information;
- the manner in which the information has been made available;
- release of information subject to conditions; and
- the response to a request for a statement of reasons for a decision affecting the requester.
How to lodge your complaint
You can make your complaint by:
- Letter
- Fax
- Email - complaint@ombudsmen.parliament.nz
- Phoning our office for assistance from our staff
- Online complaint form
For our office addresses and other contact details, see contact us.
When making your complaint, it would be helpful if you could provide:
- a copy of your letter of request or details of your verbal request; and
- a copy of the agency's reply to your request.
If you have not received a reply to your request, provide details of when and where you made it.
If you need assistance, please telephone our free phone number 0800 802 602.
What happens when you make a complaint?
Your complaint will be acknowledged promptly and you will be kept informed throughout the investigation.
An Ombudsman will seek the agency’s response to your complaint. If information has been withheld, an Ombudsman will view that information.
At the end of the investigation, an Ombudsman will form a preliminary view about whether your request has been dealt with correctly.
If an Ombudsman forms a preliminary view that your complaint can’t be upheld, you will have an opportunity to respond before a final decision is made.
If an Ombudsman forms a preliminary view that your complaint is justified, the agency will be advised of the view and invited to provide further comments before a final decision is made. If an Ombudsman forms the view that information should not be withheld, it is not the Ombudsman who releases the information. In such cases, the Ombudsman recommends that the agency concerned release the information.
An Ombudsman’s recommendation becomes binding on the agency 21 working days after it has been made, unless:
- in the case of central government agencies, the Governor-General, by Order in Council, decides otherwise; or
- in the case of local government agencies, a resolution directing otherwise is made at a meeting of that agency.
In some cases, the agency concerned may decide to release the information at issue during the course of an Ombudsman’s investigation. If this happens, the investigation will be discontinued on the basis that your complaint has been resolved.
How is your complaint processed?
This diagram (MS Word 42KB) explains how your complaint will be processed.