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Investigating complaints about government agencies

If you think you have been treated unfairly by a central or local government agency, an Ombudsman may be able to assist.  Under the Ombudsmen Act, an Ombudsman can investigate complaints about the actions and decisions of central and local government agencies.

This page provides further information about the investigation process:

Further information about an Ombudsman's powers and the types of complaints an Ombudsman can and can't investigate can be found under What we do - complaints about government agencies.

What agencies come under an Ombudsman's jurisdiction?

The types of agencies that come under an Ombudsman's jurisdiction include:

  • government departments including WINZ, ACC, CYFS, IRD, the Department of Labour, the Ministry of Education and the Department of Corrections (which includes the prison service);
  • city, district or regional councils;
  • school boards of trustees;
  • universities, polytechnics and other tertiary education institutions; and
  • district health boards.

A list of the central and local government agencies that come under an Ombudsman's jurisdiction can be found in the First Schedule of the Ombudsmen Act.  If you are unsure whether an agency comes under an Ombudsman's jurisdiction, please contact us.

Try to resolve your complaint first

Before you make a complaint to an Ombudsman, try first to resolve it with the agency concerned through its complaints processes.

If the agency does not have a complaints process, write to the Chief Executive or head of the agency.  Set out the details of your complaint and ask that it be reviewed.

An Ombudsman may decide not to investigate your complaint until you have first tried to deal with it in this way.

For information and guidance on resolving complaints, see:

If you have tried, but have been unable, to resolve your complaint with the agency concerned, an Ombudsman may be able to assist you.

Hints for resolving complaints

Most agencies will have internal complaint handling procedures that may be able to sort out your problem for you.  If the agency does not have a complaints procedure, write to the head or Chief Executive of the agency, set out the details of your complaint and ask that it be reviewed.

Below are some hints for resolving complaints with agencies:

Focus on the main problem

Although you may be feeling frustrated, it is important that you focus on the main problem that you want to solve and don't get distracted by minor issues.  Take some time to identify the issue that you want to complain about and what should be done to fix it - perhaps jot down some notes.  Only give the agency as much detail as it needs to sort out the problem.

A letter or a phone call - which is best?

It is usually best to write a letter (or email) of complaint, especially if you are dealing with a large agency or your complaint is difficult.

However, it may be useful to phone the agency first to clarify issues, learn more about their complaint procedures or to identify the person you need to write to.  In some cases, it may turn out that your complaint can be resolved over the phone.

If you decide to telephone the agency first, it is best to speak to the person who deals with your type of complaint.  Tell them your complaint, ask them if they can help and what they intend to do.  Ask for their name and job title.  Keep notes of what was said and when you telephoned.

If you are unsure whether they have understood your complaint or you are not satisfied with the response that you have received, write a letter.  Even if you are satisfied, it might be best to confirm what was said, in writing.  Keep copies of your letters.

If you have any difficulty writing a letter, ask a friend or relative or a volunteer at your local Citizens Advice Bureau to help you.

What to include in your complaint

  • Address your letter to the person who is responsible for dealing with your type of complaint, if there is one.  If you are unable to identify that person, write to the Chief Executive or head of the agency.
  • Set out your complaint as clearly and briefly as possible.  Stick to the main points and don't go into too much detail.  Include:
    • your name and contact details;
    • relevant dates, places and times;
    • a description of the problem, incident or decision at issue;
    • details of any phone conversations, meetings or other steps you have already taken to sort out the problem;
    • any other information you think is important; and
    • attach any relevant documents.

Tell them what you want

Having explained the problem, tell the agency what action you think should be taken to resolve it.  Avoid becoming abusive or aggressive or blaming people for the problem.  Instead, explain that you are giving the agency a chance to fix a mistake or omission.

Make sure your demands are reasonable.  If they are realistic, you are more likely to get what you ask for.

Ask for your letter to be acknowledged in writing and for the agency to give you an estimate of how long it will take to deal with your complaint.

If there is any urgency, let the agency know and explain why.

Keep records

Keep copies of all the letters that you send or receive and any other important documents or notes, such as details of phone calls.  This is helpful if you later need to make a complaint to an external complaints body, such as an Ombudsman.

Be persistent

If nothing happens, phone the agency to check on progress.  If there has been no progress, you may want to write to the agency again.

If you are unable to sort out the problem after making a reasonable effort to do so, you may want to consider contacting an Ombudsman.

Tips on making complaints to an Ombudsman

  • Do not delay in making your complaint as it may be difficult to investigate matters that occurred more than 12 months ago.
  • Provide as much relevant information as possible, including letters and documents that show you have already attempted to resolve your complaint with the agency.
  • If you have been given a client or reference number by the agency involved, please tell us that number.
  • Point clearly to the decision or act that you want an Ombudsman to investigate.
  • Say what outcome you want.

How to lodge your complaint

You can make your complaint by:

For our office addresses and other contact details, see contact us.

If you want to talk about your complaint, or you have difficulty putting your complaint in writing, please telephone our free phone number 0800 802 602.

What happens when you make a complaint?

Your complaint will be acknowledged promptly.

An Ombudsman will decide whether or not it can be investigated.  If your complaint cannot be investigated, we will tell you why and may direct you to other review agencies that may be able to assist.

If your complaint can be investigated, an Ombudsman will seek information from the agency concerned about the subject matter of your complaint.

We will keep you informed throughout the investigation.

At the end of the investigation, an Ombudsman will form a preliminary view on whether the agency has acted unreasonably or unfairly.

If an Ombudsman forms the 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 the preliminary view that your complaint is justified, the agency will be advised of the view and provided with an opportunity to respond before a final decision is made.  Where a complaint is found to be justified, an Ombudsman may recommend that the agency take action to remedy the complaint.

Although an Ombudsman has no power to compel an agency to accept a recommendation, most recommendations are accepted.

Many complaints are resolved without the need for a recommendation.  In some cases, we may be able to satisfactorily resolve your complaint through telephone enquiries with the agency concerned.  If it appears that we can resolve your complaint in this way, we will not usually conduct, or continue with, a formal investigation.

How is your complaint processed?

This diagram (MS Word 42KB) explains how your complaint will be processed.