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Official Information Act 1982

Review of decisions - Decisions under Part 3 or Part 4

35: Application of Ombudsmen Act 1975

You could also call this:

"How the Ombudsmen help with wrong government decisions under the Official Information Act."

The Ombudsmen are people who help you when you think a government department or organisation has made a wrong decision. They investigate decisions made under Part 3 or Part 4 of the Official Information Act 1982, according to the Ombudsmen Act 1975. You can ask them to look into a decision made by a Minister of the Crown or an organisation listed in Schedule 1.

When the Ombudsman investigates, they might ask for information or documents from the government department or organisation. The Ombudsman will then write a report about what they found out. If the Ombudsman thinks the decision was wrong, they can make recommendations to fix the problem.

The government department or organisation must tell the Ombudsman what they plan to do about the recommendations. If they do not do anything, the Ombudsman can send the report to the Prime Minister or to the House of Representatives. The Ombudsman will also include any comments from the government department or organisation in the report.

If a government department or organisation takes too long to give you information you asked for, this can be considered a wrong decision. The Ombudsman will not say anything bad about someone in a report unless they have had a chance to say what they think.

The Ombudsmen Act 1975 is a law that explains how the Ombudsmen work, you can find more information about it on the New Zealand legislation website.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM65679.

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Part 5Review of decisions
Decisions under Part 3 or Part 4

35Application of Ombudsmen Act 1975

  1. It shall be a function of the Ombudsmen to investigate, pursuant to the Ombudsmen Act 1975, any decision made under Part 3 or Part 4,—

  2. including any such decision made by—
    1. a Minister of the Crown; or
      1. an organisation named in Schedule 1; but
      2. not including a decision made under section 10 in relation to a request made under Part 3 or Part 4.

        1. The provisions of section 29A, so far as they are applicable and with the necessary modifications, shall apply in respect of any requirement, made by any Ombudsman in the course of any investigation conducted pursuant to subsection (1), whereby that Ombudsman, pursuant to any power conferred on that Ombudsman by section 19 of the Ombudsmen Act 1975, requires any public service agency or Minister of the Crown or organisation to furnish or produce to that Ombudsman any information or document or paper or thing which relates to that investigation.

        2. Where the Ombudsman, after making his investigation, forms an opinion of the kind described in subsection (1) or subsection (2) or subsection (3) of section 22 of the Ombudsmen Act 1975, he shall, subject to subsection (6) of this section, report his opinion to the appropriate department (including in relation to a departmental agency hosted by the department or an interdepartmental executive board serviced by it) or interdepartmental venture or Minister of the Crown or organisation, and may make such recommendations as he thinks fit in accordance with section 22(3) of the Ombudsmen Act 1975.

        3. Where a report is made under subsection (2) to a Minister of the Crown, the Ombudsman shall request the Minister of the Crown to notify the Ombudsman, within a specified time, of the steps (if any) that the Minister proposes to take to give effect to the Ombudsman's recommendations.

        4. If, within a reasonable time after the report is made under section 22(3) of the Ombudsmen Act 1975 (as applied by subsection (2) of this section), no action is taken which seems to an Ombudsman to be adequate and appropriate, the Ombudsman, in his discretion, after considering the comments (if any) made by or on behalf of any public service agency or Minister of the Crown or organisation affected, may send a copy of the report and recommendations to the Prime Minister, and may thereafter make such report to the House of Representatives on the matter as he thinks fit.

        5. The Ombudsman shall attach to every report sent or made under subsection (4) a copy of any comments made by or on behalf of the public service agency or Minister of the Crown or organisation affected.

        6. 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 first been given an opportunity to be heard.

        7. If, in relation to any request for official information made under Part 3 or Part 4, any department or interdepartmental venture or Minister of the Crown or organisation fails within the time limit fixed by section 15(1) (or, where that time limit has been extended under this Act, within that time limit as so extended) to comply with paragraph (a) or paragraph (b) of section 15(1), that failure shall be deemed, for the purposes of subsection (1), to be a decision made under Part 3 or Part 4.

        8. Undue delay in giving any person access to official information in response to a request under Part 3 or Part 4 for access to that information shall be deemed, for the purposes of subsection (1), to be a decision made under Part 3 or Part 4.

        Notes
        • Section 35(1A): inserted, on , by section 17(2) of the Official Information Amendment Act 1987 (1987 No 8).
        • Section 35(1A): amended, on , by section 135 of the Public Service Act 2020 (2020 No 40).
        • Section 35(2): amended, on , by section 135 of the Public Service Act 2020 (2020 No 40).
        • Section 35(4): amended, on , by section 135 of the Public Service Act 2020 (2020 No 40).
        • Section 35(4): amended, on , by section 19(1) of the Official Information Amendment Act 1987 (1987 No 8).
        • Section 35(5): amended, on , by section 135 of the Public Service Act 2020 (2020 No 40).
        • Section 35(7): inserted, on , by section 19(2) of the Official Information Amendment Act 1987 (1987 No 8).
        • Section 35(7): amended, on , by section 135 of the Public Service Act 2020 (2020 No 40).
        • Section 35(8): inserted, on , by section 19(2) of the Official Information Amendment Act 1987 (1987 No 8).