Official Information Act 1982

Review of decisions - Decisions under Part 2 and section 10

30: Procedure after investigation

You could also call this:

"What happens after someone investigates your complaint"

When you make a complaint under section 28, an Ombudsman will investigate it. The Ombudsman will look at the decision and decide if it was wrong or unfair. They will also check if the decision was reasonable.

If the Ombudsman thinks the decision was wrong, they will write a report saying so. They will send this report to the department or organisation that made the decision. The Ombudsman will also make recommendations about what should happen next.

The Ombudsman will send you a copy of their recommendations and any other information they think you should know. They will also send a copy of their report and recommendations to the Minister in charge, if necessary. The Minister is a person in the government who is responsible for a particular area.

The Ombudsman must make sure that anyone who might be affected by their report has a chance to say something before they write it. This means that if the Ombudsman is going to say something bad about someone, they have to give that person a chance to respond first. The Ombudsman has to follow certain rules when they are investigating a complaint, which are outlined in section 22 of the Ombudsmen Act 1975 and section 28 of this Act.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM65663.


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Part 5Review of decisions
Decisions under Part 2 and section 10

30Procedure after investigation

  1. Where, after making an investigation of a complaint made under section 28, an Ombudsman is of the opinion—

  2. that the request made in accordance with section 12 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 (3) of this section,—
      2. report his opinion and his reasons therefor to the appropriate department or interdepartmental venture or Minister of the Crown or organisation; and
        1. subject to section 31, make such recommendations as he thinks fit; and
          1. give to the complainant—
            1. a copy of his recommendations (if any); and
              1. such other information as he thinks proper.
              2. The Ombudsman shall also—

              3. in the case of an investigation relating to a public service agency or an organisation named in Schedule 1 of the Ombudsmen Act 1975, send a copy of his report and recommendations to the Minister concerned; and
                1. in the case of an organisation named in Schedule 1, send a copy of his report and recommendations to such Minister of the Crown as he considers appropriate.
                  1. 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.

                  2. 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 28(1) or section 28(2) of this Act.

                  Notes
                  • Section 30(1)(c): amended, on , by section 135 of the Public Service Act 2020 (2020 No 40).
                  • Section 30(2)(a): amended, on , by section 135 of the Public Service Act 2020 (2020 No 40).
                  • Section 30(4): amended, on , by section 16(3) of the Official Information Amendment Act 1987 (1987 No 8).