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NEW ZEALAND

Official Information Act 1982

   Public Act   1982 No 156
   Date of assent   17 December 1982
   Commencement   see section 1

Part 1

Purposes and criteria

4 Purposes

The purposes of this Act are, consistently with the principle of the Executive Government’s responsibility to Parliament,—

(a) to increase progressively the availability of official information to the people of New Zealand in order—

(i) to enable their more effective participation in the making and ad-ministration of laws and policies; and

(ii) to promote the accountability of Ministers of the Crown and offi-cials,—

and thereby to enhance respect for the law and to promote the good gov-ernment of New Zealand:

(b) to provide for proper access by each person to official information relat-ing to that person:

(c) to protect official information to the extent consistent with the public in-terest and the preservation of personal privacy.

5 Principle of availability

The question whether any official information is to be made available, where that question arises under this Act, shall be determined, except where this Act otherwise expressly requires, in accordance with the purposes of this Act and the principle that the information shall be made available unless there is good reason for withholding it.

6 Conclusive reasons for withholding official information

Good reason for withholding official information exists, for the purpose of sec- tion 5, if the making available of that information would be likely—

(a) to prejudice the security or defence of New Zealand or the international relations of the Government of New Zealand; or

(b) to prejudice the entrusting of information to the Government of New Zealand on a basis of confidence by—

(i) the Government of any other country or any agency of such a Government; or

(ii) any international organisation; or

(c) to prejudice the maintenance of the law, including the prevention, inves-tigation, and detection of offences, and the right to a fair trial; or

(d) to endanger the safety of any person; or

(e) to damage seriously the economy of New Zealand by disclosing prema-turely decisions to change or continue government economic or financial policies relating to—

(i) exchange rates or the control of overseas exchange transactions:

(ii) the regulation of banking or credit:

(iii) taxation:

(iv) the stability, control, and adjustment of prices of goods and ser-vices, rents, and other costs, and rates of wages, salaries, and other incomes:

(v) the borrowing of money by the Government of New Zealand:

(vi) the entering into of overseas trade agreements.

7 Special reasons for withholding official information related to the Cook Islands, Tokelau, or Niue, or the Ross Dependency

Good reason for withholding information exists, for the purpose of section 5, if the making available of the information would be likely—

(a) to prejudice the security or defence of—

(i) the self-governing State of the Cook Islands; or

(ii) the self-governing State of Niue; or

(iii) Tokelau; or

(iv) the Ross Dependency; or

(b) to prejudice relations between any of the Governments of—

(i) New Zealand:

(ii) the self-governing State of the Cook Islands:

(iii) the self-governing State of Niue; or

(i) the self-governing State of the Cook Islands; or

(ii) the self-governing State of Niue.

8 Special reasons for withholding official information related to competitive commercial activities

[Repealed]

Section 8: repealed, on 1 April 1987, by section 4(1) of the Official Information Amendment Act 1987 (1987 No 8).

9 Other reasons for withholding official information

(1) Where this section applies, good reason for withholding official information exists, for the purpose of section 5, unless, in the circumstances of the particu-lar case, the withholding of that information is outweighed by other consider-ations which render it desirable, in the public interest, to make that information available.

(2) Subject to sections 6, 7, 10, and 18, this section applies if, and only if, the with-holding of the information is necessary to—

(a) protect the privacy of natural persons, including that of deceased natural persons; or

(b) protect information where the making available of the information—

(i) would disclose a trade secret; or

(ii) would be likely unreasonably to prejudice the commercial pos-ition of the person who supplied or who is the subject of the infor-mation; or

(ba) protect information which is subject to an obligation of confidence or

which any person has been or could be compelled to provide under the

authority of any enactment, where the making available of the information—

(i) would be likely to prejudice the supply of similar information, or information from the same source, and it is in the public interest that such information should continue to be supplied; or

(ii) would be likely otherwise to damage the public interest;

(d) avoid prejudice to the substantial economic interests of New Zealand; or

(e) avoid prejudice to measures that prevent or mitigate material loss to members of the public; or

(f) maintain the constitutional conventions for the time being which pro-tect—

(i) the confidentiality of communications by or with the Sovereign or her representative:

(ii) collective and individual ministerial responsibility:

(iii) the political neutrality of officials:

(iv) the confidentiality of advice tendered by Ministers of the Crown and officials; or

(g) maintain the effective conduct of public affairs through—

(i) the free and frank expression of opinions by or between or to Min-isters of the Crown or members of an organisation or officers and employees of any department or organisation in the course of their duty; or

(ii) the protection of such Ministers, members of organisations, offi-cers, and employees from improper pressure or harassment; or

(h) maintain legal professional privilege; or

(i) enable a Minister of the Crown or any department or organisation hold-ing the information to carry out, without prejudice or disadvantage, com-mercial activities; or

(j) enable a Minister of the Crown or any department or organisation hold-ing the information to carry on, without prejudice or disadvantage, nego-tiations (including commercial and industrial negotiations); or

(k) prevent the disclosure or use of official information for improper gain or improper advantage.

Section 9(2): amended, on 1 April 1987, by section 4(2) of the Official Information Amendment Act 1987 (1987 No 8).

10 Information concerning existence of certain information

Where a request under this Act relates to information to which section 6 or section 7 or section 9(2)(b) applies, or would, if it existed, apply, the depart-ment or Minister of the Crown or organisation dealing with the request may, if it or he is satisfied that the interest protected by section 6 or section 7 or section 9(2)(b) would be likely to be prejudiced by the disclosure of the existence or non-existence of such information, give notice in writing to the applicant that it or he neither confirms nor denies the existence or non-existence of that infor-mation.

Section 10: amended, on 1 April 1987, by section 4(2) of the Official Information Amendment Act 1987 (1987 No 8).

11 Exclusion of public interest immunity

(1) Subject to subsection (2), the rule of law which authorises or requires the with-holding of any document, or the refusal to answer any question, on the ground that the disclosure of the document or the answering of the question would be injurious to the public interest shall not apply in respect of—

(a) any investigation by or proceedings before an Ombudsman; or

(b) any application under section 4(1) of the Judicature Amendment Act 1972 for the review of any decision under this Act;

but not so as to give any party any information that he would not, apart from this section, be entitled to.

(2) Nothing in subsection (1) affects—

(a) section 31; or

(b) clause 8 of Schedule 2; or

Section 11(1)(a): amended, on 1 July 1988, by section 53(b).

Part 2

Requests for access to official information

12 Requests

(1) Any person, being—

(a) a New Zealand citizen; or

(b) a permanent resident of New Zealand; or

(d) a body corporate which is incorporated in New Zealand; or

(e) a body corporate which is incorporated outside New Zealand but which has a place of business in New Zealand,—

may request a department or Minister of the Crown or organisation to make available to him or it any specified official information.

(1AA) A request under subsection (1)—

(a) may be made in any form and communicated by any means (including orally); and

(b) does not need to refer to this Act.

(1A) Notwithstanding subsection (1), a request made, on or after the date of com-mencement of this subsection, by or on behalf of a natural person for access to any personal information which is about that person shall be deemed to be a request made pursuant to subclause (1)(b) of principle 6 of the Privacy Act 1993, and shall be dealt with accordingly, and nothing in this Part or in Part 5 shall apply in relation to any such request.

(2) The official information requested shall be specified with due particularity in the request.

(3) If the person making the request asks that his request be treated as urgent, he shall give his reasons for seeking the information urgently.

(4) A department or Minister of the Crown or organisation to which an oral request is made under subsection (1) may, if written clarification is reasonably neces-sary, ask the person making the request to put the request in writing to clarify the request.

(5) If the person declines or is unable to put the request in writing, the department or Minister of the Crown or organisation must record its understanding of the request and provide a copy of the record to the person.

13 Assistance

It is the duty of every department, Minister of the Crown, and organisation to give reasonable assistance to a person, who—

(a) wishes to make a request in accordance with section 12; or

(b) in making a request under section 12, has not made that request in ac-cordance with that section; or

to make a request in a manner that is in accordance with that section or to di-rect his request to the appropriate department or Minister of the Crown or or-ganisation or local authority.

Section 13: amended, on 1 March 1988, by section 57(1) of the Local Government Official Informa-tion and Meetings Act 1987 (1987 No 174).

Section 13(c): amended, on 1 March 1988, by section 57(1) of the Local Government Official Information and Meetings Act 1987 (1987 No 174).

14 Transfer of requests

Where—

(a) a request in accordance with section 12 is made to a department or Min-ister of the Crown or organisation; and

(b) the information, or some of the information, to which the request re-lates—

(i) is not held by the department or Minister of the Crown or organ-isation but is believed by the person dealing with the request to be held by another department or Minister of the Crown or organisa-tion, or by a local authority; or

(ii) is believed by the person dealing with the request to be more closely connected with the functions of another department or Minister of the Crown or organisation, or of a local authority,—

the department or Minister of the Crown or organisation to which the request is made shall promptly, and in any case not later than 10 working days after the day on which the request is received, transfer the request, or relevant part of the request, to the other department or Minister of the Crown or organisation, or to that local authority, and inform the person making the request accordingly.

15 Decisions on requests

(1) Subject to this Act, the department or Minister of the Crown or organisation to whom a request is made in accordance with section 12 or is transferred in ac-cordance with section 14 of this Act or section 12 of the Local Government Of-ficial Information and Meetings Act 1987 shall, as soon as reasonably practic-able, and in any case not later than 20 working days after the day on which the request is received by that department or Minister of the Crown or organisa-tion,—

(a) decide whether the request is to be granted and, if it is to be granted, in what manner and for what charge (if any); and

(b) give or post to the person who made the request notice of the decision on the request.

(1AA) If a request (the original request) is amended or clarified after the date on which it is received, the department or Minister of the Crown or organisation that receives the request may treat the amended or clarified request as a new request that, for the purposes of subsection (1), replaces the original request.

(1AB) However, subsection (1AA) does not apply if—

(a) the original request is amended or clarified because the department or Minister of the Crown or organisation to which the request was made sought an amendment to, or a clarification of, the request; and

(b) the department or Minister of the Crown or organisation did not seek that amendment or clarification within 7 working days after receiving the original request.

(1A) Subject to section 24, every department or Minister of the Crown or organisa-tion (including an organisation whose activities are funded in whole or in part by another person) may charge for the supply of official information under this Act.

(2) Any charge fixed shall be reasonable and regard may be had to the cost of the labour and materials involved in making the information available and to any costs incurred pursuant to a request of the applicant to make the information available urgently.

(3) The department or Minister of the Crown or organisation may require that the whole or part of any charge be paid in advance.

(4) Where a request in accordance with section 12 is made or transferred to a de-partment, the decision on that request shall be made by the chief executive of that department or an officer or employee of that department authorised by that chief executive unless that request is transferred in accordance with section 14 to another department or to a Minister of the Crown or to an organisation or to a local authority.

(5) Nothing in subsection (4) prevents the chief executive of a department or any officer or employee of a department from consulting a Minister of the Crown or any other person in relation to the decision that the chief executive or officer or employee proposes to make on any request made to the department in ac-cordance with section 12 of this Act or transferred to the department in accord-ance with section 14 of this Act or section 12 of the Local Government Official Information and Meetings Act 1987.

15A Extension of time limits

(1) Where a request in accordance with section 12 is made or transferred to a de-partment or Minister of the Crown or organisation, the chief executive of that department or an officer or employee of that department authorised by that chief executive or that Minister of the Crown or that organisation may extend the time limit set out in section 14 or section 15(1) in respect of the request if—

(a) the request is for a large quantity of official information or necessitates a search through a large quantity of information and meeting the original time limit would unreasonably interfere with the operations of the de-partment or the Minister of the Crown or the organisation; or

(b) consultations necessary to make a decision on the request are such that a proper response to the request cannot reasonably be made within the ori-ginal time limit.

(2) Any extension under subsection (1) shall be for a reasonable period of time having regard to the circumstances.

(3) The extension shall be effected by giving or posting notice of the extension to the person who made the request within 20 working days after the day on which the request is received.

(4) The notice effecting the extension shall—

(a) specify the period of the extension; and

(b) give the reasons for the extension; and

(c) state that the person who made the request for the official information has the right, under section 28(3), to make a complaint to an Ombuds-man about the extension; and

(d) contain such other information as is necessary.

16 Documents

(1) Where the information requested by any person is comprised in a document, that information may be made available in 1 or more of the following ways:

(a) by giving the person a reasonable opportunity to inspect the document; or

(b) by providing the person with a copy of the document; or

(c) in the case of a document that is an article or thing from which sounds or visual images are capable of being reproduced, by making arrangements for the person to hear or view those sounds or visual images; or

(d) in the case of a document by which words are recorded in a manner in which they are capable of being reproduced in the form of sound or in which words are contained in the form of shorthand writing or in codi-fied form, by providing the person with a written transcript of the words recorded or contained in the document; or

(e) by giving an excerpt or summary of the contents; or

(f) by furnishing oral information about its contents.

(1A) Subject to subsections (2) and (3), information made available in any of the ways listed under subsection (1) may be made available in electronic form or by electronic means.

(2) Subject to section 17, the department or Minister of the Crown or organisation shall make the information available in the way preferred by the person re-questing it unless to do so would—

(a) impair efficient administration; or

(b) be contrary to any legal duty of the department or Minister of the Crown or organisation in respect of the document; or

(c) prejudice the interests protected by section 6 or section 7 or section 9 and (in the case of the interests protected by section 9) there is no countervailing public interest.

(3) Where the information is not provided in the way preferred by the person re-questing it, the department or Minister of the Crown or organisation shall, subject to section 10, give to that person—

(a) the reason for not providing the information in that way; and

(b) if that person so requests, the grounds in support of that reason, unless the giving of those grounds would itself prejudice the interests protected by section 6 or section 7 or section 9 and (in the case of the interests pro-tected by section 9) there is no countervailing public interest.

17 Deletion of information from documents

(1) Where the information requested is comprised in a document and there is good reason for withholding some of the information contained in that document, the other information in that document may be made available by making a copy of that document available with such deletions or alterations as are necessary.

(2) Where a copy of a document is made available under subsection (1), the de-partment or Minister of the Crown or organisation shall, subject to section 10, give to the applicant—

(a) the reason for withholding the information; and

(b) if the applicant so requests, the grounds in support of that reason, unless the giving of those grounds would itself prejudice the interests protected by section 6 or section 7 or section 9 and (in the case of the interests pro-tected by section 9) there is no countervailing public interest.

18 Refusal of requests

A request made in accordance with section 12 may be refused only for 1 or more of the following reasons, namely:

(a) that, by virtue of section 6 or section 7 or section 9, there is good reason for withholding the information:

(b) that, by virtue of section 10, the department or Minister of the Crown or organisation does not confirm or deny the existence or non-existence of the information requested:

(i) be contrary to the provisions of a specified enactment; or

(ii) constitute contempt of court or of the House of Representatives:

(d) that the information requested is or will soon be publicly available:

(da) that the request is made by a defendant or a person acting on behalf of a defendant and is—

(i) for information that could be sought by the defendant under the Criminal Disclosure Act 2008; or

(ii) for information that could be sought by the defendant under that Act and that has been disclosed to, or withheld from, the defend-ant under that Act:

(e) that the document alleged to contain the information requested does not exist or, despite reasonable efforts to locate it, cannot be found:

(f) that the information requested cannot be made available without sub-stantial collation or research:

(g) that the information requested is not held by the department or Minister of the Crown or organisation and the person dealing with the request has no grounds for believing that the information is either—

(i) held by another department or Minister of the Crown or organisa-tion, or by a local authority; or

(ii) connected more closely with the functions of another department or Minister of the Crown or organisation or of a local authority:

(h) that the request is frivolous or vexatious or that the information reques-ted is trivial.

18A Requests involving substantial collation or research

(1) In deciding whether to refuse a request under section 18(f), the department, Minister of the Crown, or organisation must consider whether doing either or both of the following would enable the request to be granted:

(a) fixing a charge under section 15:

(b) extending the time limit under section 15A.

(2) For the purposes of refusing a request under section 18(f), the department, Minister of the Crown, or organisation may treat as a single request 2 or more requests from the same person—

(a) that are about the same subject matter or about similar subject matters; and

(b) that are received simultaneously or in short succession.

18B Duty to consider consulting person if request likely to be refused under section 18(e) or (f)

If a request is likely to be refused under section 18(e) or (f), the department, Minister of the Crown, or organisation must, before that request is refused, consider whether consulting with the person who made the request would assist that person to make the request in a form that would remove the reason for the refusal.

19 Reason for refusal to be given

Where a request made in accordance with section 12 is refused, the department or Minister of the Crown or organisation, shall,—

(a) subject to section 10, give to the applicant—

(i) the reason for its refusal; and

(ii) if the applicant so requests, the grounds in support of that reason, unless the giving of those grounds would itself prejudice the inter-ests protected by section 6 or section 7 or section 9 and (in the case of the interests protected by section 9) there is no counter-vailing public interest; and

(b) give to the applicant information concerning the applicant’s right, by way of complaint under section 28(3) to an Ombudsman, to seek an investigation and review of the refusal.

Part 3

Publication of, and access to, certain documents and information

20 Publication setting out functions of departments and organisations

(1) The Ministry of Justice shall cause to be published, not later than the end of the year 1989, a publication that includes in respect of each department and each organisation,—

(a) a description of its structure, functions, and responsibilities including those of any of its statutory officers or advisory committees; and

(b) a general description of the categories of documents held by it; and

(c) a description of all manuals, and similar types of documents which con-tain policies, principles, rules, or guidelines in accordance with which decisions or recommendations are made in respect of any person or body of persons in his or her or its personal capacity; and

(d) a statement of any information that needs to be available to members of the public who wish to obtain official information from the department or organisation, which statement shall include particulars of the officer or officers to whom requests for official information or particular classes of information should be sent.

(2) The Ministry of Justice shall, at intervals of not more than 2 years, bring the material contained in the publication published under subsection (1) up to date either by publishing a new edition of that publication or by publishing supple-mentary material.

(2A) In complying with subsection (2), the Ministry of Justice may publish a new edition or supplementary material on an Internet website and in an electronic form that is publicly accessible (at all reasonable times), so long as the Minis-try also publishes that edition or material in any other manner and form that is necessary in the light of the need specified in subsection (4).

(3) Each department and each organisation shall assist the Ministry of Justice to comply with subsections (1) and (2) and shall supply to the Ministry of Justice such information as it requires for the purposes of those subsections.

(4) In complying with subsections (1) and (2), the Ministry of Justice shall have regard, among other things, to the need to assist members of the public to ob-tain official information and to effectively exercise their rights under this Act.

(5) Where there is good reason under section 6 or section 7 or section 9(2)(b) for withholding official information, nothing in this section requires the publication of that official information.

21 Right of access to certain official information

(1) Every person has a right to and shall, on request made under this subsection, be given access to the latest edition of the publication published under section 20 and to any published supplementary material bringing that edition up-to-date.

(2) Every person, being—

(a) a New Zealand citizen; or

(b) a permanent resident of New Zealand; or

(d) a body corporate which is incorporated in New Zealand; or

(e) a body corporate which is incorporated outside New Zealand but which has a place of business in New Zealand,—

has a right to and shall, on request made under this subsection, be given access to any category of official information that is declared by regulations made under this Act to be a category of official information in respect of which a right of access exists.

(3) The giving of access to any official information to which subsection (2) applies shall be subject to the provisions of any regulations made under this Act.

Section 21(2): replaced, on 1 April 1987, by section 12 of the Official Information Amendment Act 1987 (1987 No 8).

22 Right of access to internal rules affecting decisions

(1) Subject to section 6(a) to (d), section 7, section 9(2)(a), (b), (ba), (i), and (j), and section 10 and to subsections (2) and (6), every person has a right to and shall, on request made under this section, be given access to any document (in-cluding a manual) which is held by a department or Minister of the Crown or organisation and which contains policies, principles, rules, or guidelines in ac-cordance with which decisions or recommendations are made in respect of any person or body of persons in his or its personal capacity.

(2) The right conferred by subsection (1) may be exercised only by—

(a) a New Zealand citizen; or

(b) a permanent resident of New Zealand; or

(d) a body corporate which is incorporated in New Zealand; or

(e) a body corporate which is incorporated outside New Zealand but which has a place of business in New Zealand.

(3) Sections 12(2) and (3), 13 to 15A, and 19 shall apply, with all necessary modi-fications, to a request made under subsection (1).

(4) Where, by virtue of any of the provisions of section 6(a) to (d), section 7, sec- tion 9(2)(a), (b), (ba), (i), and (j), there is good reason for withholding some of the information contained in a document to which subsection (1) relates, the department or Minister of the Crown or organisation shall, unless it is imprac-ticable to do so, either—

(a) make a copy of that document available with such deletions or altera-tions as are necessary; or

(b) provide another document stating the substance and effect of the docu-ment except as it relates to the information withheld.

(5) Where a document is made available under subsection (4), the department or Minister of the Crown or organisation shall, subject to section 10, give to the applicant—

(a) the reason for withholding the information; and

(b) if the applicant so requests, the grounds in support of that reason, unless the giving of those grounds would itself prejudice the interests protected by section 6(a) to (d) or section 7 or section 9(2)(a) or (b) or (ba) or (i) or (j) and (in the case of the interests protected by section 9(2)(a) or (b) or (ba) or (i) or (j)) there is no countervailing public interest.

(6) Nothing in this section authorises or permits Public Trust or the Maori Trust Office to make available any information that is contained in a document to which subsection (1) relates but that relates to the making of decisions or rec-ommendations by Public Trust or the Maori Trustee—

(a) in their capacity as trustee within the meaning of the Trustee Act 1956; or

(b) in any other fiduciary capacity.

23 Right of access by person to reasons for decisions affecting that person

(1) Subject to section 6(a) to (d), section 7, section 9(2)(b), and section 10 and to subsections (2), (4), and (5), where a department or Minister of the Crown or organisation makes, on or after 1 July 1983, a decision or recommendation in respect of any person, being a decision or recommendation in respect of that person in his or its personal capacity, that person has the right to and shall, on request made within a reasonable time of the making of the decision or recommendation, be given a written statement of—

(a) the findings on material issues of fact; and

(b) subject to subsection (2A), a reference to the information on which the findings were based; and

(2) The right conferred by subsection (1) may be exercised only by a person who is—

(a) a New Zealand citizen; or

(b) a permanent resident of New Zealand; or

(d) a body corporate which is incorporated in New Zealand; or

(e) a body corporate which is incorporated outside New Zealand but which has a place of business in New Zealand.

(2A) A reference to the information on which any findings were based need not be given under subsection (1)(b) if—

(a) the disclosure of the information or of information identifying the person who supplied it, being evaluative material, would breach an express or implied promise—

(i) which was made to the person who supplied the information; and

(ii) which was to the effect that the information or the identity of the person who supplied it or both would be held in confidence; or

(b) after consultation undertaken (where practicable) by or on behalf of the department or Minister of the Crown or organisation with a natural per-son’s medical practitioner, the department or Minister of the Crown or organisation is satisfied that—

(i) the information relates to that person; and

(ii) the disclosure of the information (being information that relates to the physical or mental health of the person making the request under this section) would be likely to prejudice the physical or mental health of that person; or

(c) in the case of a natural person under the age of 16, the disclosure of that information would be contrary to that person’s interests; or

(d) the disclosure of that information (being information in respect of a per-son who has been convicted of an offence or is or has been detained in custody) would be likely to prejudice the safe custody or the rehabilita-tion of that person.

(2B) For the purposes of subsection (2A), the term evaluative material means eval-uative or opinion material compiled solely—

(a) for the purpose of determining the suitability, eligibility, or qualifications of the person to whom the material relates—

(i) for employment or for appointment to office; or

(ii) for promotion in employment or office or for continuation in em-ployment or office; or

(iii) for removal from employment or office; or

(iv) for the awarding of contracts, awards, scholarships, honours, or other benefits; or

(b) for the purpose of determining whether any contract, award, scholarship, honour, or benefit should be continued, modified, or cancelled; or

(c) for the purpose of deciding whether to insure any person or property or to continue or renew the insurance of any person or property.

(3) Sections 12(3), 13 to 15A, and 19 shall apply, with all necessary modifications, to a request made under subsection (1).

(4) Nothing in this section entitles any person to obtain a written statement of ad-vice given to the Sovereign or her representative.

(5) Nothing in this section applies in respect of any decision or recommendation by Public Trust or the Maori Trustee—

(a) in their capacity as trustee within the meaning of the Trustee Act 1956; or

(b) in any other fiduciary capacity.

(6) In subsection (2A)(b), medical practitioner means a health practitioner who is, or is deemed to be, registered with the Medical Council of New Zealand continued by section 114(1)(a) of the Health Practitioners Competence Assur-ance Act 2003 as a practitioner of the profession of medicine.

Part 4

Right of access to personal information

24 Right of access to personal information

(1) Subject to this Part, to sections 10 and 52, and to subsections (2) and (5), every person has a right to and shall, on request, be given access to any personal in-formation which—

(a) is about that person; and

(b) is held in such a way that it can readily be retrieved.

(2) The right conferred by subsection (1) may be exercised only by a person who is—

(a) a body corporate which is incorporated in New Zealand; or

(b) a body corporate which is incorporated outside New Zealand but which has a place of business in New Zealand.

(3) Sections 12(3), 13 to 17, and 19 shall apply, with all necessary modifications, to a request made under subsection (1).

(3A) Where any person is given access to personal information under this section, that person shall be advised of that person’s right, under section 26, to request the correction of that information.

(4) Nothing in this section requires, or imposes any responsibility on, any depart-ment or Minister of the Crown or organisation to compile files or data banks of personal information.

(5) Nothing in this section gives any person the right to be given access to any per-sonal information about the person that is held by Public Trust or the Maori Trustee—

(a) in their capacity as trustee within the meaning of the Trustee Act 1956; or

(b) in any other fiduciary capacity.

24A Restriction where person sentenced to imprisonment

[Repealed]

Section 24A: repealed (without coming into force), on 1 July 1993, by section 6 of the Official Infor-mation Amendment Act 1993 (1993 No 36).

25 Precautions

Where a request is made under section 24(1), the department or Minister of the Crown or organisation—

(a) shall not give access to that information unless it or he is satisfied con-cerning the identity of the person making the request; and

(b) shall ensure, by the adoption of appropriate procedures, that any infor-mation intended for a person is received—

(i) only by that person; or

(ii) where the request is made by an agent of the person, only by that person or his agent; and

(c) shall ensure that, where the request is made by an agent of the person, the agent has the written authority of that person to obtain the informa-tion or is otherwise properly authorised by that person to obtain the in-formation.

26 Correction of information

(1) Every person who is given access under section 24(1) to personal information may, by letter addressed to the department or Minister of the Crown or organ-isation,—

(a) request correction of the personal information where the person believes that the information—

(i) is inaccurate; or

(ii) is incomplete and gives a misleading impression; and

(b) require that a notation be attached to the information indicating the nature of any correction requested but not made.

(2) Where a department or Minister of the Crown or organisation receives a letter pursuant to subsection (1), it or he shall inform the person by whom or by which the letter was sent of the action taken by the department or Minister of the Crown or organisation as a result of the letter.

27 Reasons for refusal of requests for personal information

(1) A department or Minister of the Crown or organisation may refuse to disclose any personal information requested under section 24(1) if, and only if,—

(a) the disclosure of the information would be likely to prejudice any of the interests protected by section 6(a) to (d) or section 7 or section 9(2)(b) and (in the case of the interests protected by section 9(2)(b)) there is no countervailing public interest; or

(b) the disclosure of the information would involve the unwarranted disclos-ure of the affairs of another person or of a deceased person; or

(c) the disclosure of the information or of information identifying the person who supplied it, being evaluative material, would breach an express or implied promise—

(i) which was made to the person who supplied the information; and

(ii) which was to the effect that the information or the identity of the person who supplied it or both would be held in confidence; or

(d) [Repealed]

(e) [Repealed]

(f) [Repealed]

(g) the disclosure of the information would breach legal professional privil-ege; or

(h) the request is frivolous or vexatious, or the information requested is triv-ial.

(1A) No reasons other than 1 or more of the reasons set out in subsection (1) justi-fies a refusal to disclose any personal information requested under section 24(1).

(2) For the purposes of subsection (1)(c), the term evaluative material means evaluative or opinion material compiled solely—

(a) for the purpose of determining the suitability, eligibility, or qualifications of the person to whom the material relates for the awarding of contracts, awards, or other benefits; or

(b) for the purpose of determining whether any contract, award, or benefit should be continued, modified, or cancelled; or

(c) for the purpose of deciding whether to insure any person or property or to continue or renew the insurance of any person or property.

Part 5

Review of decisions

Decisions under Part 2 and section 10

28 Functions of Ombudsmen

(1) It shall be a function of the Ombudsmen to investigate and review any decision by which a department or Minister of the Crown or organisation—

(a) refuses to make official information available to any person in response to a request made by that person in accordance with section 12; or

(b) decides, in accordance with section 16 or section 17, in what manner or, in accordance with section 15, for what charge a request made in accord-ance with section 12 is to be granted; or

(c) imposes conditions on the use, communication, or publication of infor-mation made available pursuant to a request made in accordance with section 12; or

(d) gives a notice under section 10.

(2) It shall be a function of the Ombudsmen to investigate and review any decision by which the chief executive of a department or an officer or an employee of a department authorised by its chief executive or a Minister of the Crown or an organisation extends any time limit under section 15A.

(3) An investigation and review under subsection (1) or subsection (2) may be made by an Ombudsman only on complaint being made to an Ombudsman in writing or orally.

(3A) A complaint made orally must be put in writing as soon as practicable.

(4) For the purposes of subsection (1)(a), a refusal to make official information available includes, without limitation, a failure by a department or Minister of the Crown or organisation to comply with section 15(1)—

(a) as soon as is reasonably practicable, or at the latest within 20 working days, after receiving a request; or

(b) within an extended time limit notified under section 15A(3) to the per-son who requested the information.

(5) Undue delay in making official information available in response to a request for that information, shall be deemed, for the purposes of subsection (1), to be a refusal to make that information available.

(6) If an Ombudsman receives a complaint that a department or Minister of the Crown or organisation has refused to make official information available for any of the reasons specified in section 18(e) to (g), the Ombudsman may notify the Chief Archivist appointed under the Public Records Act 2005.

29 Application of Ombudsmen Act 1975

(1) Except as otherwise provided by this Act, the provisions of the Ombudsmen Act 1975 shall apply in respect of investigations and other proceedings carried out under this Part in respect of decisions under Part 2 or section 10 as if they were investigations carried out under the Ombudsmen Act 1975.

(2) Nothing in sections 13, 14, and 25 of the Ombudsmen Act 1975 shall apply in relation to any function or power conferred on an Ombudsman by this Act or in relation to any proceeding, decision, recommendation, or act of an Ombuds-man under this Act.

29A Requirements of Ombudsman to be complied with within certain period

(1) Subject to this section, where, during the course of an investigation, under sec- tion 28, of any decision of any department or Minister of the Crown or organisation, an Ombudsman, pursuant to any power conferred on that Ombudsman by section 19 of the Ombudsmen Act 1975, requires that department or Minis-ter of the Crown or organisation to furnish or produce to that Ombudsman any information or document or paper or thing which relates to that investigation, that department, Minister of the Crown, or organisation shall, as soon as reasonably practicable, and in no case later than 20 working days after the day on which that requirement is received by that department or Minister of the Crown or organisation, comply with that requirement.

(2) Where any requirement to which subsection (1) applies is made to any depart-ment or Minister of the Crown or organisation, the chief executive of that department or an officer or employee of that department authorised by that chief executive or that Minister of the Crown or that organisation may extend the time limit set out in subsection (1) in respect of that requirement if—

(a) the requirement relates to, or necessitates a search through, a large quantity of information or a large number of documents or papers or things, and meeting the original time limit would unreasonably interfere with the operations of the department or the Minister of the Crown or the organisation; or

(b) consultations necessary before the requirement can be complied with are such that the requirement cannot reasonably be complied with within the original time limit; or

(c) the complexity of the issues raised by the requirement are such that that requirement cannot reasonably be complied with within the original time limit.

(3) Any extension under subsection (2) shall be for a reasonable period of time having regard to the circumstances.

(4) The extension shall be effected by giving or posting notice of the extension to the Ombudsman within 20 working days after the day on which the require-ment is received.

(5) The notice effecting the extension shall—

(a) specify the period of the extension; and

(b) give the reasons for the extension; and

(6) If any department or Minister of the Crown or organisation fails, within the time limit fixed by subsection (1) (or, where that time limit has been extended under subsection (2), within that time limit as so extended) to comply with any requirement to which subsection (1) applies, the Ombudsman may report such failure to the Prime Minister, and may thereafter make such report to the House of Representatives on the matter as the Ombudsman thinks fit.

(7) Notwithstanding anything in this section, an Ombudsman shall not, in any re-port made under subsection (6), make any comment that is adverse to any per-son unless the person has first been given an opportunity to be heard.

Section 29A: inserted, on 1 April 1987, by section 17(1) of the Official Information Amendment Act 1987 (1987 No 8).

Section 29A(2): amended, on 1 April 1988, pursuant to section 90(d) of the State Sector Act 1988 (1988 No 20).

29B Consultation with Privacy Commissioner

Where an Ombudsman investigates a complaint made under section 28 in rela-tion to a refusal to make official information available in reliance on section 9(2)(a), the Ombudsman shall, before forming a final opinion under section 30 in relation to the merits of refusing that request on that ground, consult with the Privacy Commissioner under the Privacy Act 1993.

Section 29B: inserted, on 1 July 1993, by section 8 of the Official Information Amendment Act 1993 (1993 No 36).

30 Procedure after investigation

(1) Where, after making an investigation of a complaint made under section 28, an Ombudsman is of the opinion—

(a) that the request made in accordance with section 12 should not have been refused; or

(b) that the decision complained of is unreasonable or wrong or is otherwise a decision to which subsection (1) or subsection (2) of section 22 of the Ombudsmen Act 1975 applies,—

the Ombudsman shall, subject to subsection (3) of this section,—

(c) report his opinion and his reasons therefor to the appropriate department or Minister of the Crown or organisation; and

(d) subject to section 31, make such recommendations as he thinks fit; and

(e) give to the complainant—

(i) a copy of his recommendations (if any); and

(ii) such other information as he thinks proper.

(2) The Ombudsman shall also—

(a) in the case of an investigation relating to a department or organisation named in Part 1 or Part 2 of Schedule 1 of the Ombudsmen Act 1975, send a copy of his report and recommendations to the Minister con-cerned; and

(b) in the case of an organisation named in Schedule 1, send a copy of his report and recommendations to such Minister of the Crown as he con-siders appropriate.

(3) Notwithstanding anything in this section, an Ombudsman shall not, in any re-port made under this section, make any comment that is adverse to any person unless the person has been given an opportunity to be heard.

(4) Except as provided in subsection (1), nothing in section 22 of the Ombudsmen Act 1975 shall apply in respect of a decision that may be investigated and re-viewed under section 28(1) or section 28(2) of this Act.

Section 30(4): amended, on 1 April 1987, by section 16(3) of the Official Information Amendment Act 1987 (1987 No 8).

31 Disclosure of certain information not to be recommended

Where—

(a) the Prime Minister certifies that the making available of any information would be likely to prejudice—

(i) the security or defence of New Zealand or the international rela-tions of the Government of New Zealand; or

(ii) any interest protected by section 7; or

(b) the Attorney-General certifies that the making available of any information would be likely to prejudice the prevention, investigation, or detection of offences—

an Ombudsman shall not recommend that the information be made available, but may recommend that the making available of the information be given fur-ther consideration by the appropriate department or Minister of the Crown or organisation.

32 Recommendations made to department or Minister of the Crown or organisation

(1) Where a recommendation is made under section 30(1) to a department or to an organisation named in Part 1 or Part 2 of Schedule 1 of the Ombudsmen Act 1975,—

(a) a public duty to observe that recommendation shall be imposed on that department or organisation from the commencement of the 21st working day after the day on which that recommendation is made to the depart-ment or organisation unless, before that day, the Governor-General, by Order in Council, otherwise directs; and

(b) the public duty imposed by paragraph (a) shall be imposed not only on the department or organisation itself but also on—

(i) the members of the organisation; and

(ii) every officer and employee of that department or organisation to whom that recommendation is applicable; and

(iii) every body within that department or organisation to whom that recommendation is applicable; and

(iv) every statutory officer to whom that recommendation is applic-able.

(2) Where a recommendation is made under section 30(1) to a Minister of the Crown, a public duty to observe that recommendation shall be imposed on that Minister from the commencement of the 21st working day after the day on which that recommendation is made to that Minister unless, before that day, the Governor-General, by Order in Council, otherwise directs.

(3) Where a recommendation is made under section 30(1) to an organisation named in Schedule 1,—

(a) a public duty to observe that recommendation shall be imposed on that organisation from the commencement of the 21st working day after the day on which that recommendation is made to that organisation unless, before that day, the Governor-General, by Order in Council, otherwise directs; and

(b) the public duty imposed by paragraph (a) shall be imposed not only on the organisation itself but also on—

(i) its governing body (if any); and

(ii) its members; and

(iii) every officer, employee, and body within that organisation to whom that recommendation is applicable; and

(iv) every statutory officer to whom that recommendation is applic-able.

(4) As soon as practicable after an Order in Council is made under this section, the Minister who recommended the making of that Order in Council shall give a copy of that Order in Council to the Ombudsman who made the recommenda-tion.

(5) Nothing in this section—

(a) limits section 8 of the Judicature Amendment Act 1972; or

(b) prevents effect being given to any interim order made under section 8 of the Judicature Amendment Act 1972 or to any declaration contained in any such interim order.

Section 32: replaced, on 1 April 1987, by section 18 of the Official Information Amendment Act 1987 (1987 No 8).

32A Requirements in relation to Order in Council

(1) Every Order in Council made under section 32 shall be published in the Gaz-ette and laid before the House of Representatives as soon as practicable after it is made.

(2) Every Order in Council made under section 32 shall set out the reasons for which it is made and the grounds in support of those reasons.

(3) An Order in Council made under section 32 in relation to a recommendation made under section 30(1) may be made for all or any of the reasons for the de-cision reviewed by the Ombudsman (being reasons that were before the Om-budsman when the recommendation was made) but for no other reasons.

Section 32A: inserted, on 1 April 1987, by section 18 of the Official Information Amendment Act 1987 (1987 No 8).

32B Right of review

(1) Where—

(a) a recommendation is made under section 30(1) in respect of a request made under section 12; and

(b) an Order in Council is made under section 32 in respect of that recom-mendation,—

the person who made that request may apply to the High Court for a review of the making of that Order in Council.

(2) An application under subsection (1) may be made on the ground that the Order in Council was beyond the powers conferred by sections 32 and 32A or was otherwise wrong in law.

(3) On an application under subsection (1), the High Court may—

(a) make an order confirming that the Order in Council was validly made; or

(b) make an order declaring that the making of the Order in Council was beyond the powers conferred by sections 32 and 32A or was otherwise wrong in law.

(4) Unless the High Court is satisfied that an application brought under subsection

(1) has not been reasonably or properly brought, it shall, in determining the ap-plication and irrespective of the result of the application, order that the costs of the applicant on a solicitor and client basis shall be paid by the Crown, and such costs shall be paid out of money appropriated by Parliament for the pur-pose.

Section 32B: inserted, on 1 April 1987, by section 18 of the Official Information Amendment Act 1987 (1987 No 8).

32C Appeals

Any party to an application under section 32B who is dissatisfied with any fi-nal or interlocutory order in respect of the application may appeal to the Court of Appeal; and section 66 of the Judicature Act 1908 shall apply to any such appeal.

Section 32C: inserted, on 1 April 1987, by section 18 of the Official Information Amendment Act 1987 (1987 No 8).

33 Complainant to be informed of result of investigation

The Ombudsman who investigates a complaint made for the purposes of sec-tion 28(3) shall inform the complainant, in such manner and at such time as he thinks proper, of the result of the investigation.

Section 33: amended, on 1 April 1987, by section 16(4) of the Official Information Amendment Act 1987 (1987 No 8).

34 Restriction on application for review

Where any person makes a request under this Act that official information be made available to him and a decision to which section 28(1) or section 28(2) applies is made in relation to that request, that person—

(a) shall not make an application under section 4(1) of the Judicature Amendment Act 1972 for the review of that decision; and

(b) shall not commence any proceedings in which that decision is sought to be challenged, quashed, or called in question in any court,—

unless a complaint made by that person in respect of that decision has first been determined under this Part.

Decisions under Part 3 or Part 4

35 Application of Ombudsmen Act 1975

(1) It shall be a function of the Ombudsmen to investigate, pursuant to the Om- budsmen Act 1975, any decision made under Part 3 or Part 4,—

(a) including any such decision made by—

(i) a Minister of the Crown; or

(ii) an organisation named in Schedule 1; but

(b) not including a decision made under section 10 in relation to a request made under Part 3 or Part 4.

(1A) The provisions of section 29A, so far as they are applicable and with the neces-sary modifications, shall apply in respect of any requirement, made by any Ombudsman in the course of any investigation conducted pursuant to subsec-tion (1), whereby that Ombudsman, pursuant to any power conferred on that Ombudsman by section 19 of the Ombudsmen Act 1975, requires any depart-ment or Minister of the Crown or organisation to furnish or produce to that Ombudsman any information or document or paper or thing which relates to that investigation.

(2) Where the Ombudsman, after making his investigation, forms an opinion of the kind described in subsection (1) or subsection (2) or subsection (3) of section 22 of the Ombudsmen Act 1975, he shall, subject to subsection (6) of this sec-tion, report his opinion to the appropriate department or Minister of the Crown or organisation, and may make such recommendations as he thinks fit in ac-cordance with section 22(3) of the Ombudsmen Act 1975.

(3) Where a report is made under subsection (2) to a Minister of the Crown, the Ombudsman shall request the Minister of the Crown to notify the Ombudsman, within a specified time, of the steps (if any) that the Minister proposes to take to give effect to the Ombudsman’s recommendations.

(4) If, within a reasonable time after the report is made under section 22(3) of the Ombudsmen Act 1975 (as applied by subsection (2) of this section), no action is taken which seems to an Ombudsman to be adequate and appropriate, the Ombudsman, in his discretion, after considering the comments (if any) made by or on behalf of any department or Minister of the Crown or organisation affected, may send a copy of the report and recommendations to the Prime Minister, and may thereafter make such report to the House of Representatives on the matter as he thinks fit.

(5) The Ombudsman shall attach to every report sent or made under subsection (4) a copy of any comments made by or on behalf of the department or Minister of the Crown or organisation affected.

(6) Notwithstanding anything in this section, an Ombudsman shall not, in any re-port made under this section, make any comment that is adverse to any person unless the person has first been given an opportunity to be heard.

(7) If, in relation to any request for official information made under Part 3 or Part 4, any department or Minister of the Crown or organisation fails within the time limit fixed by section 15(1) (or, where that time limit has been extended under this Act, within that time limit as so extended) to comply with paragraph

(a) or paragraph (b) of section 15(1), that failure shall be deemed, for the pur-poses of subsection (1), to be a decision made under Part 3 or Part 4.

(8) Undue delay in giving any person access to official information in response to a request under Part 3 or Part 4 for access to that information shall be deemed, for the purposes of subsection (1), to be a decision made under Part 3 or Part 4.

Saving

36 Saving in respect of Ombudsmen Act 1975

Except as expressly provided in this Act, nothing in this Act shall derogate from or limit the functions of the Ombudsmen under the Ombudsmen Act 1975.

Part 6

Information Authority

[Expired]

Part 6: expired, on 1 July 1988, by section 53(a)(ii).

37 Establishment of Information Authority

[Expired]

Section 37: expired, on 1 July 1988, by section 53(a)(ii).

38 Functions and powers of Authority

[Expired]

Section 38: expired, on 1 July 1988, by section 53(a)(ii).

39 Functions in respect of personal information

[Expired]

Section 39: expired, on 1 July 1988, by section 53(a)(ii).

40 Membership of Authority

[Expired]

Section 40: expired, on 1 July 1988, by section 53(a)(ii).

41 Term of office of members of Authority

[Expired]

Section 41: expired, on 1 July 1988, by section 53(a)(ii).

42 Regulations providing for access to information

[Expired]

Section 42: expired, on 1 July 1988, by section 53(a)(ii).

43 Provision for disallowance of regulations providing for access to information

[Expired]

Section 43: expired, on 1 July 1988, by section 53(a)(ii).

44 Annual report

[Expired]

Section 44: expired, on 1 July 1988, by section 53(a)(ii).

45 Offences

[Expired]

Section 45: expired, on 1 July 1988, by section 53(a)(ii).

Part 7

Miscellaneous provisions

46 Assistance of Ministry of Justice

The Ministry of Justice may, for the purpose of assisting any other department or any organisation to act in accordance with this Act, furnish advice or assist-ance or both to that other department or that organisation.

Section 46: replaced, on 1 December 1989, by section 4 of the Official Information Act 1989 (1989 No 122).

Section 46 heading: amended, on 1 October 1995, by section 10(3) of the Department of Justice (Re-structuring) Act 1995 (1995 No 39).

Section 46: amended, on 1 October 1995, by section 10(3) of the Department of Justice (Restructur-ing) Act 1995 (1995 No 39).

47 Regulations

The Governor-General may from time to time, by Order in Council, make regulations for all or any of the following purposes—

(a) [Expired]

(b) prescribing forms of applications and other documents required for the purposes of this Act, or authorising any person to prescribe or approve such forms:

(d) prescribing reasonable charges or scales of reasonable charges for the purposes of this Act:

(e) providing for such matters as are contemplated by or necessary for giv-ing full effect to this Act and for its due administration.

Section 47(a): expired, on 1 July 1988, by section 53(a)(iii).

48 Protection against certain actions

(1) Where any official information is made available in good faith pursuant to this Act,—

(a) no proceedings, civil or criminal, shall lie against the Crown or any other person in respect of the making available of that information, or for any consequences that follow from the making available of that information; and

(b) no proceedings, civil or criminal, in respect of any publication involved in, or resulting from, the making available of that information shall lie against the author of the information or any other person by reason of that author or other person having supplied the information to a depart-ment or Minister of the Crown or organisation.

(2) The making available of, or the giving of access to, any official information in consequence of a request made under this Act shall not be taken, for the pur-poses of the law relating to defamation or breach of confidence or infringement of copyright, to constitute an authorisation or approval of the publication of the document or of its contents by the person to whom the information is made available or the access is given.

Section 48: replaced, on 1 April 1987, by section 21 of the Official Information Amendment Act 1987 (1987 No 8).

49 Power to amend Schedule 1 by Order in Council

(1) Where any organisation named in Schedule 1 is abolished, or its name is al-tered, the Governor-General may, by Order in Council, make such amendments to that schedule as may be necessary to give effect to the abolition or alteration.

(2) An order made under subsection (1) is a legislative instrument and a disallowa-ble instrument for the purposes of the Legislation Act 2012 and must be pre-sented to the House of Representatives under section 41 of that Act.

Section 49(2): replaced, on 5 August 2013, by section 77(3) of the Legislation Act 2012 (2012 No 119).

50 Consequential amendments to other enactments

The enactments specified in Schedule 3 are hereby amended in the manner in-dicated in that schedule.

51 Repeal

The Official Secrets Act 1951 is hereby repealed.

52 Savings

(1) Nothing in this Act authorises or permits the making available of any official information if the making available of that information would constitute con-tempt of court or of the House of Representatives.

(2) Nothing in this Act authorises or permits any person to make information avail-able if that information relates to—

(a) the affairs of any estate under administration by Public Trust or in the Maori Trust Office; or

(b) the affairs of any person concerned in any such estate.

(3) Except as provided in sections 50 and 51, nothing in this Act derogates from—

(a) any provision which is contained in any other enactment and which authorises or requires official information to be made available; or

(b) any provision which is contained in any other Act of Parliament or in any regulations within the meaning of the Regulations (Disallowance) Act 1989 (made by Order in Council and in force immediately before 1 July 1983) and which—

(i) imposes a prohibition or restriction in relation to the availability of official information; or

(ii) regulates the manner in which official information may be ob-tained or made available; or

(c) any provision of any Order in Council made under the Commissions of Inquiry Act 1908 or of any other document by which a Royal commis-sion or commission of inquiry or board of inquiry is appointed.

53 Expiration of provisions relating to Information Authority

As from the close of 30 June 1988—

(a) the following provisions of this Act, namely,—

(i) the definition of the term Authority in section 2(1); and

(ii) Part 6; and

(iii) paragraph (a) of section 47; and

(iv) Schedule 2,—

shall expire; and

(b) section 11(1)(a) shall be amended by omitting the words “or the Authori-ty”; and

(d) all real and personal property belonging to the Authority shall become vested in the Crown; and

(e) all money payable to the Authority shall become payable to the Crown; and

(f) all liabilities, contracts, and engagements, and all rights and authorities of any nature whatever of the Authority shall become liabilities, con-tracts, engagements, rights, and authorities of the Crown; and

(g) all proceedings pending by or against the Authority may be carried on, completed, or enforced by or against the Crown.

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