2 February 2026
Spencer Jones
By email:
[FYI request #33443 email]
Tēnā koe Spencer
Request for information
Thank you for your request for information, received on 6 January 2025, which was made via
FYI.org.nz. You requested information about:
…the Office of the Ombudsman’s use of communication restrictions, email blocking,
complaint closure decisions, and the technological error acknowledged in correspondence
dated 23 December 2025 (Our ref: CASE-005831 / GROUND-0006250).
The Ombudsman is not subject to the Official Information Act 1982 (OIA) and, in any event, is
generally precluded from releasing information about individual complaints due to the strict
statutory obligations of secrecy and confidentiality as set out in sections 18(2) and 21(2) of the
Ombudsmen Act 1975. These secrecy requirements are intended to preserve the willingness of
complainants, and of agencies, to engage meaningfully with the Ombudsman without fear their
concerns will be made public. I note in this instance that you were not the complainant in the case
you have cited.
Where doing so is possible, successive Ombudsmen have attempted to respond to information
requests in the spirit of the OIA, subject to these statutory secrecy and confidentiality
requirements. As such, I can provide you with the following comments.
Technological issues
Your request refers to correspondence evidently sent by the Ombudsman’s staff to an individual,
and subsequently posted online, which refers to a technological error that impacted the handling
of a specific case. The technological error in question related to a temporary, unintended
overlapping of email-handling rules that affected emails sent by one individual only, and only
emails sent within a particular timeframe. Such rules were not, and are not, of general
application.
Once the technological error was identified, it was immediately remedied. All emails that had
been inadvertently redirected were retrieved and were reviewed in line with the relevant
management plan. Staff have taken steps to avoid a similar situation arising in future.
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Complaint closures due to “no response” or “lack of supporting evidence”
When a complaint is investigated, the Ombudsman forms an opinion on whether an agency acted
unreasonably or unfairly. The complainant and/or the agency is offered the opportunity to
comment on the provisional opinion depending on the circumstances, and a timeframe for a
response is given. It is open to the complainant or agency to request additional time to respond,
and the Ombudsman will consider such requests on a case-by-case basis. If no comments, or no
request for an extension of time to comment, are received, then the Ombudsman will proceed to
confirm his opinion as final on that basis. Once a final opinion has been formed and released the
complaint is closed.
If a complaint has been awaiting assessment or investigation, we will contact the complainant to
ascertain whether they wish to pursue the complaint, and if so to enquire as to whether there has
been any relevant change of circumstances. If we do not receive a response to our enquiries, we
will send a follow-up - if no response is received to that follow-up, it will be assumed the
complainant no longer wishes to pursue the matter and the complaint will be closed on that basis.
It is not the practice of this Office to keep complaints open indefinitely, as it affects the capacity
of investigators to undertake other complaints awaiting assessment and investigation.
Placing restrictions and managing unreasonable complainant conduct
The Ombudsman does not normally limit the contact complainants have with staff. However, in
some cases when we identify unreasonable complainant conduct, restrictions on access to the
Office may be justified and are managed in accordance with our published guidance on this top
ic1.
Our general internal procedures for placing restrictions consist of an assessment of the conduct,
identification of any risks, development of a management plan, a senior manager review, and
monitoring and review phases. Restrictions are communicated to the individual when they are
imposed and are reviewed at the conclusion of a specified timeframe (usually 3, 6, 9, or 12
months).
The conduct of the complainant determines the nature of the restriction placed which will vary,
but must be appropriate, proportionate to the circumstances and consistent with other decisions
made to restrict access.
We expect our staff to act in a professional and fair manner when liaising with the public and
handling complaints, and we expect everyone who complains to the Ombudsman to act
respectfully and in the ways described in
Appendix 1 Rights and responsibilities in making
complaints.
1 Office of the Ombudsman,
Managing unreasonable complainant conduct, available at:
https://www.ombudsman.parliament.nz/resources/managing-unreasonable-complainant-conduct
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External accountability and reporting
Finally, you have also requested information regarding external accountability and reporting. The
Ombudsman does not currently report externally on the management of unreasonable
complainant conduct. There are however times when we brief the Speaker on related matters.
Currently there are 55 individuals requiring a management plan due to unreasonable
complainant
conduct, with 44 of them subject to communication restrictions. For example, some complainants
may have a single point of contact for phone and email communications, others may be
permitted to make new complaints via our online complaint form but not by email – no one is
completely prevented from contacting us or lodging new complaints.
I hope these comments have been of assistance.
Nāku noa, nā
Emma Leach
Senior Assistant Ombudsman
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Appendix 1. Rights and responsibilities in making complaints
Complainants have the right
Ombudsmen and their staff have the right
• to make a complaint and express
• to be treated with courtesy and respect
opinions in ways that are reasonable,
• to determine whether, and if so how, a
lawful and appropriate
complaint will be dealt with
• to a fair and impartial assessment and,
• to finalise matters on the basis of
where appropriate, investigation of
outcomes they consider to be
their complaint based on the merits of
satisfactory in the circumstances
the case
• to expect honesty, cooperation and
• to a fair hearing
reasonable assistance from
• to be informed in at least general terms
complainants
about the actions taken and outcome of • to a safe and healthy working
their complaint
environment
• to be given reasons that explain
• to modify, curtail or decline service (if
decisions affecting them
appropriate) in response to
• to be treated with courtesy and respect
unacceptable behaviour by a
complainant
Complainants are responsible for
Ombudsmen and their staff are responsible
•
for
treating the Ombudsmen’s staff with
courtesy and respect clearly identifying
• providing reasonable assistance to
to the best of their ability the issues of
complainants
complaint
• dealing with all complaints
• providing the relevant information
professionally, fairly and impartially
available to them at the time of making
• giving complainants a reasonable
the complaint, in a clear and concise
opportunity to explain their complaint
way
• keeping complainants informed of the
• being honest in all communications
actions taken and the outcome of their
with the Ombudsmen
complaints
• informing the Ombudsmen of any other • giving complainants reasons that are
action they have taken in relation to
clear and appropriate to their
their complaint
circumstances and adequately
• cooperating with the Ombudsmen’s
explaining the basis of any decisions
staff
affecting them
• treating complainants with courtesy and
respect
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