Review by the Ombudsman

Introduction

This topic covers the policy and process used when a requester complains to the Ombudsman when they are not satisfied with the response to a request.

Role of the Ombudsman

The role of the Ombudsman, when reviewing charges, is to form a view as to whether the charges are reasonable in all the circumstances of the request.

In dealing with complaints relating to OIA, the Ombudsman operates as an Officer of Parliament.

Cases for review

A requester has the right to seek an investigation and review by the Ombudsman if:

• all or any information requested is withheld
• the Community Probation Service has not responded within the required timeframe
• the Community Probation Service has asked for more time to process the request
• the requester considers the charges to be unreasonable
• the requester is not happy with the way the information has been made available
• where the requester is a body corporate, either incorporated in New Zealand or having a place of business in New Zealand, personal information has not been corrected in the way the requester would like
• the Community Probation Service has imposed conditions on the use or publication of the information, or
• the Community Probation Service has refused to confirm or deny the existence or non existence of the information.

Responding to complaints

When the Ombudsman receives a complaint from a requester, the following process occurs.