How can the Ombudsman can help me?

1 12 1 12
Last updated: December 17, 2024

The Ombudsman’s main role is to investigate complaints about government agencies

The Ombudsman looks at complaints about the actions and decisions of central and local government agencies.

Anyone can make a complaint about the decisions or actions of any government agency.  

You can make a complaint to the Ombudsman about decisions or actions that affected you 

If you are, or have ever spent time, in the guardianship or care of a government agency, you can make a complaint about the agency’s decisions or actions.  

This includes complaints about: 

  • how the agency acted  
  • the agency’s decisions about what official records they will (or will not) provide to you
  • how long the agency has taken to make decisions
  • refusal of an agency to accept a claim of abuse in care
  • the outcome of a claim of abuse in care. 

Whānau, caregivers, lawyers, or someone advocating for you can also make a complaint on your behalf (with your permission).

When to make a complaint to the Ombudsman 

If your complaint is about a government agency’s response to your request for information, you can go straight to the Ombudsman. You do not need to make a complaint to the government agency first. 

If your complaint is not about a records request, you may need to make a complaint to the government agency first 

If you are an adult and your complaint is about something else (such as actions or decisions while you were in the guardianship or care of a government agency), the Ombudsman would generally expect you to make a complaint to the government agency first.

If making a complaint to the government agency does not resolve the problem, you can then take your complaint to the Ombudsman. 

You can make a complaint by phone, email, post, or online 

Contact the Ombudsman by: 

Ombudsman staff can discuss your complaint with you in the way you prefer.  This could be by phone, video chat, in person, or by email.  

If the Privacy Commissioner is better placed to help you, Ombudsman staff will work with the Privacy Commissioner to transfer your complaint to them.

When the Ombudsman receives your complaint, they will investigate it. Some complaints will be dealt with urgently - for example, raising an issue of concern about a child in the guardianship or care of a government agency.  

Complaints about actions or decisions that happened in the past may take longer to investigate. 

The Ombudsman can recommend a solution  

After investigating your complaint, if the Ombudsman thinks the government agency acted badly, they can recommend a solution.  

For example, depending on what the complaint is about, they could recommend that the government agency:   

  • review their decision 
  • give you an apology  
  • give you an explanation
  • provide you with the information or records you requested. 

Sometimes, the Ombudsman may ask the government agency to consider paying you an ex-gratia payment of money, or to reconsider an amount of money it has already offered.  

An ex-gratia payment is a payment someone makes out of a moral obligation, without admitting any liability (responsibility) or legal obligation.The Ombudsman cannot force the agency to make a payment.  

The Ombudsman has special powers they can use to investigate Oranga Tamariki 

The Ombudsman has special powers and the responsibility to investigate Oranga Tamariki. This includes some organisations that are contracted to Oranga Tamariki to provide services related to the guardianship or care of others, and may include:  

  • health camps
  • youth Justice facilities
  • care and protection residences
  • rehabilitation services
  • foster homes
  • court-supervised camps with mentoring. 

Other examples of these other organisations include:  

  • iwi social services
  • cultural social services  
  • child and family support services who have been approved by Oranga Tamariki to provide care.  

This means you can make a complaint to the Ombudsman about some of the organisations contracted to Oranga Tamariki.  

If you are unsure what organisations the Ombudsman can investigate complaints about, you can ask them.