The Ombudsman

Have you ever felt as though you’ve tried every avenue to resolve a battle with bureaucracy and got nowhere? The Office of the Ombudsman is an option you could consider.

The Ombudsman’s role

The Ombudsman is a concept that originated in Scandinavia. The word itself is loosely translated to mean ‘grievance person.’ The role was introduced to New Zealand in 1962. Despite the title ‘Ombudsman’, it is not a role reserved for men; one woman (Beverley Wakem) held the office from 2008-15. The current Ombudsman is newly-appointed John Allen.

The Ombudsman is appointed by the Governor-General on the recommendation of Parliament. The Ombudsman is independent of the government; it is an integral part of our public law framework. The service is free.

The Office of the Ombudsman investigates complaints from members of the public about the decisions or conduct of government agencies, local councils, regional authorities and other public bodies, including school boards of trustees.

The Ombudsman has other powers including inspecting places such as prisons, secure aged care facilities and Oranga Tamariki residences.

Process

The Ombudsman does not need lengthy letters and information to help resolve complaints. In fact, succinct complaints are encouraged. A straightforward letter giving a brief overview of the matter and efforts to resolve the issue is acceptable. Supporting documents are useful and should be included as it can help the enquiry process.

Before you make a complaint to the Ombudsman, however, you must try and resolve the issue with the agency concerned. The Ombudsman can refuse to investigate a complaint unless this option has been explored.

On receiving a complaint the Ombudsman reviews it and decides if the matter will be taken further, and then will conduct an investigation. Any investigation can be wide-ranging.

The Ombudsman is also the body to investigate complaints regarding the refusal of a government agency to release official information.

Powers of Ombudsman

While the Ombudsman cannot reverse a decision that has been made, the Ombudsman can make findings on the fairness of the process. 

Recommendations are often made for future situations; these are likely to be published on the Ombudsman’s website. The Ombudsman can also investigate situations where an agency has failed to do something it should have.

The Ombudsman can also decide to investigate an issue on its own initiative.

Recent case

Decisions made by school boards can be investigated by the Ombudsman. The example below highlights the ability of the Ombudsman to scrutinise process – an integral part of our democratic system.

In a case note issued in 2024, a school board of trustees excluded a student who admitted bringing marijuana to school. The student was suspended by the principal and later excluded by the board that determined that the student’s behaviour was gross misconduct. The board was concerned about the impact on other students and the reputation of the school. The student’s parents complained to the board and then the Ombudsman. The Ombudsman decided that the board’s decision to exclude the student was unreasonable.

Restrictions

The Ombudsman will not investigate when there is a specific body set up to review processes, for example, the ACC Tribunal (any accident compensation complaint must go through the tribunal). It cannot investigate complaints about private individuals, companies and incorporated societies, nor can it review the decision of a court or judicial body.

The Office of the Ombudsman has scope to investigate a range of issues. If you believe you’ve been treated unfairly by a government agency, lodging a complaint with the Ombudsman is worth considering.

DISCLAIMER: All the information published is true and accurate to the best of the authors’ knowledge. It should not be a substitute for legal advice. No liability is assumed by the authors or publisher for losses suffered by any person or organisation relying directly or indirectly on this article. Views expressed are those of individual authors, and do not necessarily reflect the view of this firm. Articles appearing in this newsletter may be reproduced with prior approval from the editor and credit given to the source. Copyright, NZ LAW Limited, 2019. Editor: Adrienne Olsen. E-mail: adrienne@adroite.co.nz. Ph: 029 286 3650 or 04 496 5513.-+