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What is an Ombudsman?
An Ombudsman is an independent person appointed by the Governor General on the recommendation of Parliament to investigate complaints from individuals about the administrative acts and decisions of central and local government departments and organisations. Included in this is a university, a polytechnic, a wananga or a college of education.
An Ombudsman has independence
An Ombudsman is an Officer of Parliament and can independently review the administrative conduct of government agencies. Parliament as whole, as distinct from the Government of the day, recommends the appointment of Ombudsmen. Ombudsmen are not government employees. At present, New Zealand has two Parliamentary Ombudsmen - John Belgrave and Beverley Wakein. Two staff members from the Office of the Ombudsmen, Garry O'Donovan and Hanneke Bouchier have been assigned specifically to visit tertiary education institutions on a regular basis.
What does an Ombudsman deal with?
An Ombudsman investigates complaints about: - any administrative decision of
- or recommendation made by
- or act done or omitted by
a government organisation which affects any person or body or persons in their personal capacity. Tertiary institutions which are publicly owned are government organisations for this purpose.
An Ombudsman has an additional role in reviewing refusals to provide official information.
How can an Ombudsman help?
An Ombudsman reviews the circumstances giving rise to the complaint in order to establish the facts. Having done so, the Ombudsman forms an independent opinion as to whether the act or decision: - appears to be contrary to law;
- was unreasonable, unjust, oppressive or improperly discriminatory;
- was in accordance with a rule of law or a practice that is, or may be, unreasonable, unjust, oppressive or improperly discriminatory
- was based on a mistake of law or fact;
- was wrong
An Ombudsman can also consider whether a discretionary power has been exercised for an improper purpose, or on irrelevant grounds, or by taking account of irrelevant considerations, or whether reasons should have been given for the decision or recommendation.
An Ombudsman can make recommendations for a resolution of a complaint. Although an Ombudsman has no power to force a government organisation to accept a recommendation, most recommendations are accepted.
Many complaints are resolved without the need for a formal recommendation.
In some cases, particularly with complaints about delay, an Ombudsman may be able to resolve the matter informally.
When can't an Ombudsman help?
An Ombudsman cannot investigate complaints about: - non-governmental organisations;
- private individuals, professional practitioners or companies;
- Court decisions;
- the conduct of the Police;
- the actions and decisions of a trustee within the meaning of the Trustee Act 1956;
- decisions of Ministers of the Crown. An Ombudsman can, however, investigate advice or recommendations given to a Minister by officers or employees of a government department or organisation.
Ordinarily, an Ombudsman cannot investigate a complaint where the complainant has a statutory right of appeal to a court or tribunal on the merits of the case.
Can an Ombudsman refuse to deal with a complaint?
An Ombudsman may refuse to investigate when: - the person has not tried to resolve the complaint directly with the organisation concerned. Often complaints can be resolved by this means without the need for an Ombudsman to become involved;
- the person has a reasonable alternative remedy available under the law or existing administrative practices;
- the action which gave rise to the complaint occurred more than 12 months previously;
- the complaint is considered to be trivial, vexatious or not made in good faith;
- the person is considered to have insufficient personal interest in the complaint.
How do I make a complaint?
1. Refer your complaint to the person appointed by your tertiary education institution to consider complaints. It is important that the institution be given the opportunity to resolve the issue by using its own internal complaints process.
2. If this does not resolve your complaint, you can refer to it the Ombudsmen.
Simply write down: - your name and address;
- the name and address of the tertiary institution concerned;
- what you think has been done wrongly;
- what has happened to you as a result;
- details on what you have done within the institution to resolve your complaint;
- what you think should be done to remedy the situation,
and send it, together with all the relevant correspondence, to the nearest Office of the Ombudsmen. The addresses are below.
If you want to ring someone about your complaint before putting anything in writing, or if you have difficulty putting the matter in writing, ring your nearest Ombudsmen's Office and ask for help. There is a 24-hour Answerphone 0800 802 602 which will connect you with the nearest Office.
How much will it cost?
Nothing. There is no charge for making a complaint.
(This information has been adapted from the pamphlet, 'The Ombudsmen and Tertiary Institutions', published by the Office of the Ombudsmen, July 2003, and www.ombudsmen.govt.nz.)
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