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Local Government Official Information and Meetings Act 1987

Review of decisions - Decisions under Part 2 and section 8

30: Procedure after investigation

You could also call this:

"What happens after the Ombudsman investigates your complaint"

Illustration for Local Government Official Information and Meetings Act 1987

If you make a complaint under section 27 and an Ombudsman investigates it, they will form an opinion. They might think the local authority should not have refused your request, or that the decision was unreasonable. The Ombudsman will report their opinion and reasons to the local authority.

The Ombudsman can also make recommendations, which they will give to you, along with other information they think is proper. You will get a copy of their recommendations, if they make any. The Ombudsman will not say anything bad about someone in their report unless that person has had a chance to respond.

If the Ombudsman is investigating a decision under section 27(1) or section 27(2) of this Act, or section 22 of the Ombudsmen Act 1975 will not apply, except in certain cases. The Ombudsman will follow the rules in this section when making a report. They have to be careful what they say in the report.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM123043.

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Part 5Review of decisions
Decisions under Part 2 and section 8

30Procedure after investigation

  1. Where, after making an investigation of a complaint made under section 27, an Ombudsman is of the opinion—

  2. that the request made in accordance with section 10 should not have been refused; or
    1. that the decision complained of is unreasonable or wrong or is otherwise a decision to which subsection (1) or subsection (2) of section 22 of the Ombudsmen Act 1975 applies,—
        1. the Ombudsman shall, subject to subsection (2) of this section,—
      1. report that Ombudsman's opinion and that Ombudsman's reasons therefor to the appropriate local authority; and
        1. subject to section 31, make such recommendations as that Ombudsman thinks fit; and
          1. give to the complainant—
            1. a copy of that Ombudsman's recommendations (if any); and
              1. such other information as that Ombudsman thinks proper.

              2. Notwithstanding anything in this section, an Ombudsman shall not, in any report made under this section, make any comment that is adverse to any person unless the person has been given an opportunity to be heard.

              3. Except as provided in subsection (1), nothing in section 22 of the Ombudsmen Act 1975 shall apply in respect of a decision that may be investigated and reviewed under section 27(1) or section 27(2) of this Act.

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