A9.10 The Ombudsmen Act 1975

See also Ombudsmen Act s 13

1. Each Ombudsman may undertake investigations on a complaint, or on his or her own motion, relating to any decision, recommendation, act, or omission by government departments and organisations, their committees and subcommittees, officers and employees that relate to a matter of administration and affect any person in a personal capacity.
2. Having completed an investigation, an Ombudsman may form an opinion that the decision, recommendation, act or omission:
   1. appears to have been contrary to law; or
   2. was based on a mistake of fact or law; or
   3. was unreasonable, unjust, oppressive, improperly discriminatory or wrong; or
   4. was based on a law or practice that is or may be unreasonable, unjust, oppressive or improperly discriminatory; or
   5. A discretionary power has been exercised for an improper purpose, on irrelevant grounds or by taking into account irrelevant considerations; or
   6. Reasons should have been given for the decision.
3. If an Ombudsman forms such an opinion, he or she may recommend that:
   1. the decision be reconsidered, varied or cancelled, or that reasons for it be given; or
   2. the law or practice be reconsidered or altered; or
   3. any other steps should be taken.
4. If an Ombudsman is not satisfied that the government department or organisation concerned has acted upon a recommendation, he or she may send a copy of his or her report and recommendations to the Prime Minister and then to Parliament.
5. The Ombudsman will inform the complainant of the result of the investigation.

Note: Ombudsmen are not authorised by law to enforce their recommendations.

A9.10.1 Official Information Act 1982

See also Official Information Act ss 28 and 35

1. It is a function of the Ombudsman to investigate and review, on complaint, any decision by a Department or Minister to:
   • refuse to release official information in response to a request
   • decide in what form information is released
   • decide what charge to make
   • impose conditions on the use, communication or publication of information
   • extend any time limit
   • provide or refuse to provide a statement of reasons under section 23 of the Official Information Act (OIA).
2. After the investigation is made the Ombudsman will report his or her opinion to INZ (or to the minister if appropriate) and may make such recommendation as the Ombudsman sees fit.
3. A public duty to observe the recommendation arises on the 21st working day after the day on which it was made unless before that date an Order in Council directs otherwise.
4. The above does not apply to complaints about requests made under sections 21 - 24 of the OIA, which are conducted under the Ombudsmen Act with the same possible outcomes as with complaints made under that Act.
5. The Ombudsman will inform the complainant of the result of the investigation.

A9.10.5 Hold on deportation in certain circumstances

1. Where the Office of the Ombudsman notifies INZ that an investigation is being made into a complaint against INZ, a complainant who has been served with a deportation order will not be deported before the investigation has been concluded.
2. The hold on deportation does not apply if the complainant has been taken into custody pending deportation, and in such cases the deportation processes may continue.
3. If a deportation order is served after the Office of the Ombudsman notifies INZ of an investigation, the complainant will not be taken into immigration-related custody and deported before the investigation has been concluded.
4. Notwithstanding (a) and (c) above, INZ reserves the right to proceed with deportation in any particular case, where it has been authorised via the Manager, Complaints.
5. Nothing prevents INZ from proceeding to assemble appropriate travel documentation and make contingent travel arrangements where the complainant is liable for deportation.

Effective 05/10/2020