Official Information Act 1982

1: Short Title and commencement
1: This Act may be cited as the Official Information Act 1982.
2: Except as provided in subsection (3), this Act shall come into force on 1 July 1983.
3: This section, and Part 6 Schedule 2
2: Interpretation
1: In this Act, unless the context otherwise requires,— department Part 1 document
a: any writing on any material:
b: any information recorded or stored by means of any tape-recorder, computer, or other device; and any material subsequently derived from information so recorded or stored:
c: any label, marking, or other writing that identifies or describes any thing of which it forms part, or to which it is attached by any means:
d: any book, map, plan, graph, or drawing:
e: any photograph, film, negative, tape, or other device in which 1 or more visual images are embodied so as to be capable (with or without the aid of some other equipment) of being reproduced Independent Monitor of the Oranga Tamariki System section 8(1) international organisation local authority Schedule 1 member
a: where the organisation is a company or corporation, a director; and
b: where the organisation is a trust, a trustee; and
c: any temporary, acting, or alternative member of the organisation Minister of the Crown official information
a: means any information held by—
i: a public service agency
ii: a Minister of the Crown in his official capacity; or
iii: an organisation; and
b: includes any information held outside New Zealand by any branch or post of—
i: a public service agency
ii: an organisation; and
c: in relation to information held by the Ministry of Justice section 155
d: in relation to information held by a university (including Lincoln University
i: the Council of the university; or
ii: the Senate, Academic Board, or Professorial Board of the university; or
iii: any member of the academic staff of the university; or
iv: any other officer or employee of the university; or
v: any examiner, assessor, or moderator in any subject or examination taught or conducted by the university; but
e: does not include information contained in—
i: library or museum material made or acquired and preserved solely for reference or exhibition purposes; or
ii: material placed in the National Library of New Zealand Te Puna Mātauranga o Aotearoa public service agencies ; or
iii: any oral history provided to the National Library of New Zealand Te Puna Mātauranga o Aotearoa in accordance with section 10
f: does not include any information which is held by a public service agency public service agency
g: does not include any information held by Public Trust or the Māori Trustee—
i: in their capacity as trustee within the meaning of the Trusts Act 2019
ii: in any other fiduciary capacity; and
h: does not include evidence given or submissions made to—
i: a Royal Commission; or
ii: a commission of inquiry appointed by an Order in Council made under the Commissions of Inquiry Act 1908
iii: a commission of inquiry or board of inquiry or court of inquiry or committee of inquiry appointed, pursuant to, and not by, any provision of an Act, to inquire into a specified matter ; and
ha: does not include—
i: any matter subject to an order under section 15(1)﻿(a)
ii: documents referred to in section 32(2)﻿(b)
i: subject to paragraph (ia), public service agency Ombudsmen Act 1975 ; and
ia: does not include information contained in any correspondence or communication that has taken place between an Ombudsman and any public service agency, Minister of the Crown, or organisation and that relates to—
i: an agency delivering services or support to children and young people through the Oranga Tamariki system and the performance or potential performance of functions under the Ombudsmen Act 1975
ii: the provision of guidance by an Ombudsman under section 40
ib: does not include information provided by an Ombudsman to the Independent Monitor of the Oranga Tamariki System under section 51
j: does not include information contained in any correspondence or communication that has taken place between the office of the Privacy Commissioner and any public service agency Privacy Act 2020
k: does not include information contained in a victim impact statement (as defined in section 17AA
l: does not include any evidence, submissions, or other information given or made to—
i: the Judicial Conduct Commissioner, the Deputy Judicial Conduct Commissioner, Judicial Conduct Commissioner and Judicial Conduct Panel Act 2004
ii: the Judicial Complaints Lay Observer; and
m: does not include information provided to the Government Statistician solely for research by or on behalf of an individual or an organisation (as defined in section 6 Ombudsmen Ombudsmen Act 1975 Oranga Tamariki system section 9 organisation
a: an organisation named in Part 2
b: an organisation named in Schedule 1 permanent resident of New Zealand
a: resides in New Zealand; and
b: is not—
i: a person to whom section 15 16 section 17
ii: a person obliged by or under that Act to leave New Zealand immediately or within a specified time; or
iii: treated for the purposes of that Act as being unlawfully in New Zealand person personal information public service agencies public service agency section 2(1) State enterprise
a: an organisation that is a State enterprise within the meaning of section 2 Schedule 1
b: an organisation that was a State enterprise within the meaning of section 2 Schedule 1 statutory officer
a: holding or performing the duties of an office established by an enactment; or
b: performing duties expressly conferred on him by virtue of his office by an enactment working day
a: a Saturday, a Sunday, Waitangi Day, Good Friday, Easter Monday, Anzac Day, the Sovereign’s birthday, Te Rā Aro ki a Matariki/Matariki Observance Day, and Labour Day; and
ab: if Waitangi Day or Anzac Day falls on a Saturday or a Sunday, the following Monday; and
b: a day in the period commencing with 25 December in any year and ending with 15 January in the following year.
1A: For the purposes of Schedule 1 Companies Act 1993
2: Where information is held by an unincorporated body (being a board, council, committee, subcommittee, or other body , but not being a mortality review committee
a: which is established for the purpose of assisting or advising, or performing functions connected with, any public service agency
b: which is so established in accordance with the provisions of any enactment or by any public service agency that information shall, for the purposes of this Act, be deemed—
c: in any case where that body is established in respect of any public service agency public service agency
d: in any case where that body is established in respect of a Minister of the Crown, to be information held by that Minister.
3: Where subsection (2) applies in respect of any unincorporated body and that body is established for the purpose of assisting, advising, or performing functions connected public service agency public service agency
4: Subject to subsection (4A), information held by an officer or employee or member of a public service agency public service agency
4A: Nothing in subsection (4) applies in respect of any information that any officer or employee or member of a public service agency public service agency public service agency
5: Any information held by an independent contractor engaged by any public service agency public service agency
6: For the avoidance of doubt, it is hereby declared that the terms public service agency organisation
a: a court; or
b: in relation to its judicial functions, a tribunal; or
ba: in relation to its judicial functions, a Crown entity within the meaning of the Crown Entities Act 2004
c: a Royal Commission; or
d: a commission of inquiry appointed by an Order in Council made under the Commissions of Inquiry Act 1908
e: a commission of inquiry or board of inquiry or court of inquiry or committee of inquiry appointed, pursuant to, and not by, any provision of an Act, to inquire into a specified matter; or
ea: an inquiry to which section 6
f: the Judicial Conduct Commissioner , the Deputy Judicial Conduct Commissioner, Judicial Conduct Commissioner and Judicial Conduct Panel Act 2004
g: the Judicial Complaints Lay Observer. Section 2(1) Authority expired 1 July 1988 section 53(a)﻿(i) Section 2(1) department amended 1 October 1985 Parliamentary Service Act 1985 Section 2(1) enactment repealed 28 October 2021 section 3 Secondary Legislation Act 2021 Section 2(1) Independent Monitor of the Oranga Tamariki System inserted 1 May 2023 section 60(3) Oversight of Oranga Tamariki System Act 2022 Section 2(1) local authority inserted 1 March 1988 section 57(1) Local Government Official Information and Meetings Act 1987 Section 2(1) member inserted 1 April 1987 section 2(1) Official Information Amendment Act 1987 Section 2(1) Minister of the Crown inserted 5 July 2016 section 4 Official Information (Parliamentary Under-Secretaries) Amendment Act 2016 Section 2(1) official information amended 7 August 2020 section 111(3) Public Service Act 2020 Section 2(1) official information amended 7 August 2020 section 111(3) Public Service Act 2020 Section 2(1) official information replaced 1 October 1995 section 10(3) Department of Justice (Restructuring) Act 1995 Section 2(1) official information amended 1 March 2017 section 183(b) Senior Courts Act 2016 Section 2(1) official information amended 1 October 2003 section 14(1) State Sector Amendment Act 2003 Section 2(1) official information replaced 1 April 1987 section 2(2) Official Information Amendment Act 1987 Section 2(1) official information amended 1 January 1990 section 49(6) Education Amendment Act 1989 Section 2(1) official information amended 7 August 2020 section 111(4) Public Service Act 2020 Section 2(1) official information amended 1 February 2011 section 18 National Library of New Zealand (Te Puna Mātauranga o Aotearoa) Amendment Act 2010 Section 2(1) official information amended 6 May 2003 section 47 National Library of New Zealand (Te Puna Mātauranga o Aotearoa) Act 2003 Section 2(1) official information inserted 6 May 2003 section 47 National Library of New Zealand (Te Puna Mātauranga o Aotearoa) Act 2003 Section 2(1) official information amended 7 August 2020 section 111(3) Public Service Act 2020 Section 2(1) official information replaced 1 March 2002 section 170(1) Public Trust Act 2001 Section 2(1) official information amended 1 July 2009 section 30(1) Māori Trustee Amendment Act 2009 Section 2(1) official information amended 30 January 2021 section 161 Trusts Act 2019 Section 2(1) official information amended 1 April 1987 section 2(3) Official Information Amendment Act 1987 Section 2(1) official information inserted 27 August 2013 section 39 Inquiries Act 2013 Section 2(1) official information inserted 1 April 1987 section 2(4) Official Information Amendment Act 1987 Section 2(1) official information amended 1 May 2023 section 60(1) Oversight of Oranga Tamariki System Act 2022 Section 2(1) official information amended 7 August 2020 section 111(3) Public Service Act 2020 Section 2(1) official information amended 1 July 1993 section 2(1) Official Information Amendment Act 1993 Section 2(1) official information inserted 1 May 2023 section 60(2) Oversight of Oranga Tamariki System Act 2022 Section 2(1) official information inserted 1 May 2023 section 60(2) Oversight of Oranga Tamariki System Act 2022 Section 2(1) official information inserted 1 July 1993 section 2(2) Official Information Amendment Act 1993 Section 2(1) official information amended 1 December 2020 section 217 Privacy Act 2020 Section 2(1) official information amended 7 August 2020 section 111(3) Public Service Act 2020 Section 2(1) official information inserted 17 December 2002 section 53 Victims' Rights Act 2002 Section 2(1) official information amended 6 December 2014 section 31(2) Victims’ Rights Amendment Act 2014 Section 2(1) official information inserted 1 August 2005 section 35(1) Judicial Conduct Commissioner and Judicial Conduct Panel Act 2004 Section 2(1) official information amended 23 March 2010 section 16(2) Judicial Conduct Commissioner and Judicial Conduct Panel (Deputy Commissioner and Disposal of Complaints) Amendment Act 2010 Section 2(1) official information inserted 1 September 2022 section 104 Data and Statistics Act 2022 Section 2(1) Oranga Tamariki system inserted 1 May 2023 section 60(3) Oversight of Oranga Tamariki System Act 2022 Section 2(1) organisation replaced 24 October 2018 section 24 Education Amendment Act 2018 Section 2(1) permanent resident of New Zealand replaced 29 November 2010 section 406(1) Immigration Act 2009 Section 2(1) prohibited immigrant repealed 1 November 1987 section 151(1) Immigration Act 1987 Section 2(1) public service agencies public service agency inserted 7 August 2020 section 111(2) Public Service Act 2020 Section 2(1) State enterprise inserted 10 April 1992 Official Information Amendment Act 1992 Section 2(1) subsidiary repealed 1 April 1987 Official Information Amendment Act 1987 Section 2(1) working day inserted 1 April 1987 section 2(5) Official Information Amendment Act 1987 Section 2(1) working day replaced 12 April 2022 wehenga 7 Te Ture mō te Hararei Tūmatanui o te Kāhui o Matariki 2022 section 7 Te Kāhui o Matariki Public Holiday Act 2022 Section 2(1) working day inserted 1 January 2014 section 8 Holidays (Full Recognition of Waitangi Day and ANZAC Day) Amendment Act 2013 Section 2(1A) replaced 5 December 2013 section 14 Companies Amendment Act 2013 Section 2(2) amended 1 January 2001 section 111(1) New Zealand Public Health and Disability Act 2000 Section 2(2)﻿(a) amended 7 August 2020 section 135 Public Service Act 2020 Section 2(2)﻿(b) amended 7 August 2020 section 135 Public Service Act 2020 Section 2(2)﻿(c) amended 7 August 2020 section 135 Public Service Act 2020 Section 2(3) amended 7 August 2020 section 135 Public Service Act 2020 Section 2(3) amended 12 December 1983 Official Information Amendment Act 1983 Section 2(4) replaced 1 July 1993 section 2(3) Official Information Amendment Act 1993 Section 2(4) amended 7 August 2020 section 135 Public Service Act 2020 Section 2(4A) inserted 1 July 1993 section 2(3) Official Information Amendment Act 1993 Section 2(4A) amended 7 August 2020 section 135 Public Service Act 2020 Section 2(5) amended 7 August 2020 section 135 Public Service Act 2020 Section 2(6) amended 7 August 2020 section 135 Public Service Act 2020 Section 2(6)﻿(ba) inserted 25 January 2005 section 200 Crown Entities Act 2004 Section 2(6)﻿(e) amended 1 August 2005 section 35(2) Judicial Conduct Commissioner and Judicial Conduct Panel Act 2004 Section 2(6)﻿(ea) inserted 27 August 2013 section 39 Inquiries Act 2013 Section 2(6)﻿(f) inserted 1 August 2005 section 35(2) Judicial Conduct Commissioner and Judicial Conduct Panel Act 2004 Section 2(6)﻿(f) amended 23 March 2010 section 16(3) Judicial Conduct Commissioner and Judicial Conduct Panel (Deputy Commissioner and Disposal of Complaints) Amendment Act 2010 Section 2(6)﻿(g) inserted 1 August 2005 section 35(2) Judicial Conduct Commissioner and Judicial Conduct Panel Act 2004
3: Act to bind the Crown
This Act shall bind the Crown.
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 administration of laws and policies; and
ii: to promote the accountability of Ministers of the Crown and officials,— and thereby to enhance respect for the law and to promote the good government of New Zealand:
b: to provide for proper access by each person to official information relating to that person:
c: to protect official information to the extent consistent with the public interest 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 section 5
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, investigation, 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 prematurely 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 services, 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. Section 6(d) replaced 1 April 1987 section 3 Official Information Amendment Act 1987 Section 6(e) inserted 1 April 1987 section 3 Official Information Amendment Act 1987
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
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
c: to prejudice the international relations of the Governments of—
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
Section 8 repealed 1 April 1987 section 4(1) Official Information Amendment Act 1987
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
2: Subject to sections 6 7 10 18
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 position of the person who supplied or who is the subject of the information; 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;
c: avoid prejudice to measures protecting the health or safety of members of the public; or
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 protect—
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 Ministers of the Crown or members of an organisation public service agency
ii: the protection of such Ministers , members of organisations
h: maintain legal professional privilege; or
i: enable a Minister of the Crown or any public service agency
j: enable a Minister of the Crown or any public service agency
k: prevent the disclosure or use of official information for improper gain or improper advantage. Section 9(2) amended 1 April 1987 section 4(2) Official Information Amendment Act 1987 Section 9(2)﻿(b) replaced 1 April 1987 section 5(1) Official Information Amendment Act 1987 Section 9(2)﻿(ba) inserted 1 April 1987 section 5(1) Official Information Amendment Act 1987 Section 9(2)﻿(g)﻿(i) amended 7 August 2020 section 135 Public Service Act 2020 Section 9(2)﻿(g)﻿(i) amended 1 April 1987 section 5(2) Official Information Amendment Act 1987 Section 9(2)﻿(g)﻿(ii) amended 1 April 1987 section 5(3) Official Information Amendment Act 1987 Section 9(2)﻿(i) replaced 1 April 1987 section 5(4) Official Information Amendment Act 1987 Section 9(2)﻿(i) amended 7 August 2020 section 135 Public Service Act 2020 Section 9(2)﻿(j) replaced 1 April 1987 section 5(4) Official Information Amendment Act 1987 Section 9(2)﻿(j) amended 7 August 2020 section 135 Public Service Act 2020
10: Information concerning existence of certain information
Where a request under this Act relates to information to which section 6 section 7 section 9(2)﻿(b) (for itself and for a departmental agency hosted by it or an interdepartmental executive board serviced by it) or interdepartmental venture section 9(2)﻿(b) Section 10 amended 7 August 2020 section 135 Public Service Act 2020 Section 10 amended 1 April 1987 section 4(2) Official Information Amendment Act 1987
11: Exclusion of public interest immunity
1: Subject to subsection (2), the rule of law which authorises or requires the withholding 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
b: any application under section 8 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
b: clause 8 of Schedule 2
c: section 20(1) Section 11(1)﻿(a) amended 1 July 1988 section 53(b) Section 11(1)﻿(b) amended 1 March 2017 section 24 Judicial Review Procedure Act 2016
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
c: a person who is in 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 (for itself and for a departmental agency hosted by it or an interdepartmental executive board serviced by it) or interdepartmental venture
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 commencement 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 information privacy principle 6(1)﻿(b) set out in section 22 Part 5
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 venture
5: If the person declines or is unable to put the request in writing, the department or venture Section 12(1) replaced 1 April 1987 section 6 Official Information Amendment Act 1987 Section 12(1) amended 7 August 2020 section 135 Public Service Act 2020 Section 12(1AA) inserted 26 March 2015 section 4(1) Official Information Amendment Act 2015 Section 12(1A) inserted 1 July 1993 section 3 Official Information Amendment Act 1993 Section 12(1A) amended 1 December 2020 section 217 Privacy Act 2020 Section 12(4) inserted 26 March 2015 section 4(2) Official Information Amendment Act 2015 Section 12(4) amended 7 August 2020 section 135 Public Service Act 2020 Section 12(5) inserted 26 March 2015 section 4(2) Official Information Amendment Act 2015 Section 12(5) amended 7 August 2020 section 135 Public Service Act 2020
13: Assistance
It is the duty of every department or interdepartmental venture
a: wishes to make a request in accordance with section 12
b: in making a request under section 12
c: has not made his request to the appropriate department or venture or local authority to make a request in a manner that is in accordance with that section or to direct his request to the appropriate department or venture or local authority Section 13 amended 7 August 2020 section 135 Public Service Act 2020 Section 13 amended 1 March 1988 section 57(1) Local Government Official Information and Meetings Act 1987 Section 13(c) amended 7 August 2020 section 135 Public Service Act 2020 Section 13(c) amended 1 March 1988 section 57(1) Local Government Official Information and Meetings Act 1987
14: Transfer of requests
Where—
a: a request in accordance with section 12 or interdepartmental venture
b: the information , or some of the information,
i: is not held by the department or venture (for itself and for a departmental agency hosted by it or an interdepartmental executive board serviced by it) or interdepartmental venture
ii: is believed by the person dealing with the request to be more closely connected with the functions of another department (for itself and for a departmental agency hosted by it or an interdepartmental executive board serviced by it) or interdepartmental venture the department or venture , or relevant part of the request, or interdepartmental venture Section 14 replaced 1 March 1988 section 57(1) Local Government Official Information and Meetings Act 1987 Section 14 amended 7 August 2020 section 135 Public Service Act 2020 Section 14 amended 26 March 2015 section 5(b) Official Information Amendment Act 2015 Section 14(a) amended 7 August 2020 section 135 Public Service Act 2020 Section 14(b) amended 26 March 2015 section 5(a) Official Information Amendment Act 2015 Section 14(b)﻿(i) amended 7 August 2020 section 135 Public Service Act 2020 Section 14(b)﻿(ii) amended 7 August 2020 section 135 Public Service Act 2020
15: Decisions on requests
1: Subject to this Act, the department or interdepartmental venture section 12 section 14 or section 12 or venture
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 or venture
1AB: However, subsection (1AA) does not apply if—
a: the original request is amended or clarified because the department or venture
b: the department or venture
1A: Subject to section 24 or venture
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 venture
4: Where a request in accordance with section 12 section 14
5: Nothing in subsection (4) prevents the chief executive or board or officer or employee from consulting a Minister of the Crown or any other person in relation to the decision that the chief executive or board or officer or employee proposes to make on any request made to the department or venture in accordance with section 12 section 14 section 12 Section 15 replaced 1 April 1987 section 8(1) Official Information Amendment Act 1987 Section 15(1) amended 7 August 2020 section 135 Public Service Act 2020 Section 15(1) amended 1 March 1988 section 57(1) Local Government Official Information and Meetings Act 1987 Section 15(1AA) inserted 26 March 2015 section 6 Official Information Amendment Act 2015 Section 15(1AA) amended 7 August 2020 section 135 Public Service Act 2020 Section 15(1AB) inserted 26 March 2015 section 6 Official Information Amendment Act 2015 Section 15(1AB)﻿(a) amended 7 August 2020 section 135 Public Service Act 2020 Section 15(1AB)﻿(b) amended 7 August 2020 section 135 Public Service Act 2020 Section 15(1A) inserted 1 December 1989 section 2 Official Information Amendment Act 1989 Section 15(1A) amended 7 August 2020 section 135 Public Service Act 2020 Section 15(3) amended 7 August 2020 section 135 Public Service Act 2020 Section 15(4) replaced 7 August 2020 section 135 Public Service Act 2020 Section 15(5) replaced 7 August 2020 section 135 Public Service Act 2020
15A: Extension of time limits
1: Where a request in accordance with section 12 section 14 15(1)
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 department or the venture 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 original 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)
d: contain such other information as is necessary. Section 15A inserted 1 April 1987 section 9(1) Official Information Amendment Act 1987 Section 15A(1) replaced 7 August 2020 section 135 Public Service Act 2020
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 codified 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 or interdepartmental venture
a: impair efficient administration; or
b: be contrary to any legal duty of the department or venture
c: prejudice the interests protected by section 6 section 7 section 9
3: Where the information is not provided in the way preferred by the person requesting it, the department or venture section 10
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 section 7 section 9 Section 16(1A) inserted 26 March 2015 section 7 Official Information Amendment Act 2015 Section 16(2) amended 7 August 2020 section 135 Public Service Act 2020 Section 16(2)﻿(b) amended 7 August 2020 section 135 Public Service Act 2020 Section 16(2)﻿(c) amended 1 April 1987 section 4(2) Official Information Amendment Act 1987 Section 16(3) amended 7 August 2020 section 135 Public Service Act 2020 Section 16(3)﻿(b) amended 1 April 1987 section 4(2) Official Information Amendment Act 1987
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 department or interdepartmental venture section 10
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 section 7 section 9 Section 17(2) amended 7 August 2020 section 135 Public Service Act 2020 Section 17(2)﻿(b) amended 1 April 1987 section 4(2) Official Information Amendment Act 1987
18: Refusal of requests
A request made in accordance with section 12
a: that, by virtue of section 6 section 7 section 9
b: that, by virtue of section 10 or interdepartmental venture
c: that the making available of the information requested would—
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
ii: for information that could be sought by the defendant under that Act and that has been disclosed to, or withheld from, the defendant under that Act:
e: that the document alleged to contain the information requested does not exist or , despite reasonable efforts to locate it,
f: that the information requested cannot be made available without substantial collation or research:
g: that the information requested is not held by the department or venture
i: held by another department (for itself and for a departmental agency hosted by it or an interdepartmental executive board serviced by it) or interdepartmental venture or by a local authority
ii: connected more closely with the functions of another department (for itself and for a departmental agency hosted by it or an interdepartmental executive board serviced by it) or interdepartmental venture or of a local authority
h: that the request is frivolous or vexatious or that the information requested is trivial. Section 18(a) amended 1 April 1987 section 4(2) Official Information Amendment Act 1987 Section 18(b) amended 7 August 2020 section 135 Public Service Act 2020 Section 18(c)﻿(ii) amended 1 April 1987 section 10 Official Information Amendment Act 1987 Section 18(da) inserted 29 June 2009 section 38 Criminal Disclosure Act 2008 Section 18(e) amended 26 March 2015 section 8 Official Information Amendment Act 2015 Section 18(g) amended 7 August 2020 section 135 Public Service Act 2020 Section 18(g)﻿(i) amended 7 August 2020 section 135 Public Service Act 2020 Section 18(g)﻿(i) amended 1 March 1988 section 57(1) Local Government Official Information and Meetings Act 1987 Section 18(g)﻿(ii) amended 7 August 2020 section 135 Public Service Act 2020 Section 18(g)﻿(ii) amended 1 March 1988 section 57(1) Local Government Official Information and Meetings Act 1987
18A: Requests involving substantial collation or research
1: In deciding whether to refuse a request under section 18(f) or interdepartmental venture
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) or venture
a: that are about the same subject matter or about similar subject matters; and
b: that are received simultaneously or in short succession. Section 18A inserted 22 October 2003 section 3 Official Information Amendment Act 2003 Section 18A(1) amended 7 August 2020 section 135 Public Service Act 2020 Section 18A(2) amended 7 August 2020 section 135 Public Service Act 2020
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) or interdepartmental venture Section 18B inserted 22 October 2003 section 3 Official Information Amendment Act 2003 Section 18B amended 7 August 2020 section 135 Public Service Act 2020
19: Reason for refusal to be given
Where a request made in accordance with section 12 or interdepartmental venture
a: subject to section 10
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 interests protected by section 6 section 7 section 9
b: give to the applicant information concerning the applicant's right, by way of complaint under section 28(3) Section 19 amended 7 August 2020 section 135 Public Service Act 2020 Section 19(a)﻿(ii) amended 1 April 1987 section 4(2) Official Information Amendment Act 1987 Section 19(b) amended 1 April 1987 section 16(2) Official Information Amendment Act 1987
3: Publication of, and access to, certain documents and information
20: Publication setting out functions of
public service agencies
1: The Ministry of Justice public service agency
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 contain 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 public service agency
2: The Ministry of Justice
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 Ministry 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 public service agency Ministry of Justice Ministry of Justice
4: In complying with subsections (1) and (2), the Ministry of Justice
5: Where there is good reason under section 6 section 7 section 9(2)﻿(b) Section 20 replaced 1 December 1989 section 3(1) Official Information Amendment Act 1989 Section 20 heading amended 7 August 2020 section 135 Public Service Act 2020 Section 20(1) amended 7 August 2020 section 135 Public Service Act 2020 Section 20(1) amended 1 October 1995 section 10(3) Department of Justice (Restructuring) Act 1995 Section 20(1)﻿(d) amended 7 August 2020 section 135 Public Service Act 2020 Section 20(2) amended 1 October 1995 section 10(3) Department of Justice (Restructuring) Act 1995 Section 20(2A) inserted 22 October 2003 section 4 Official Information Amendment Act 2003 Section 20(3) amended 7 August 2020 section 135 Public Service Act 2020 Section 20(3) amended 1 October 1995 section 10(3) Department of Justice (Restructuring) Act 1995 Section 20(4) amended 1 October 1995 section 10(3) Department of Justice (Restructuring) Act 1995
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
2: Every person, being—
a: a New Zealand citizen; or
b: a permanent resident of New Zealand; or
c: a person who is in 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 1 April 1987 section 12 Official Information Amendment Act 1987
22: Right of access to internal rules affecting decisions
1: On a request made under this section, a person has a right to, and must be given access to, any document (including a manual) that—
a: is held by a public service agency
b: contains policies, principles, rules, or guidelines in accordance with which decisions or recommendations are made in respect of any person or body of persons in their personal capacity.
1A: Subsection (1) is subject to—
a: subsection (2):
b: subsection (6):
c: section 6(a) to (d)
d: section 7
e: section 9(2)﻿(a), (b), (ba), (i), and (j)
f: section 10
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
c: a person who is in 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 19
4: If there is good reason under subsection (1A)﻿(c), (d), or (e) for withholding some of the information contained in a document referred to in subsection (1), the department (for itself and for a departmental agency hosted by it or an interdepartmental executive board serviced by it) or the interdepartmental venture
a: make a copy of that document available with any deletions or alterations that are necessary; or
b: provide another document stating the substance and effect of the document except as it relates to the information withheld.
5: Where a document is made available under subsection (4), the department or venture section 10
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) section 7 section 9(2)﻿(a) or (b) or (ba) or (i) or (j)
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 recommendations by Public Trust or the Maori Trustee—
a: in their capacity as trustee within the meaning of the Trusts Act 2019
b: in any other fiduciary capacity. Section 22(1) replaced 24 October 2019 section 100(1) Statutes Amendment Act 2019 Section 22(1)﻿(a) amended 7 August 2020 section 135 Public Service Act 2020 Section 22(1A) inserted 24 October 2019 section 100(1) Statutes Amendment Act 2019 Section 22(3) amended 1 April 1987 section 9(2) Official Information Amendment Act 1987 Section 22(4) replaced 24 October 2019 section 100(2) Statutes Amendment Act 2019 Section 22(4) amended 7 August 2020 section 135 Public Service Act 2020 Section 22(5) amended 7 August 2020 section 135 Public Service Act 2020 Section 22(5)﻿(b) replaced 1 April 1987 section 4(2) Official Information Amendment Act 1987 Section 22(6) replaced 1 March 2002 section 170(1) Public Trust Act 2001 Section 22(6)﻿(a) amended 30 January 2021 section 161 Trusts Act 2019
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) section 10 public service agency
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
c: the reasons for the decision or recommendation.
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
c: a person who is in 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 public service agency or Minister of the Crown or organisation with a natural person’s medical practitioner, the department (for itself and for a departmental agency hosted by it or an interdepartmental executive board serviced by it) or interdepartmental venture
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 person 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 rehabilitation of that person.
2B: For the purposes of subsection (2A), the term evaluative material
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 employment 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 19
4: Nothing in this section entitles any person to obtain a written statement of advice 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 Trusts Act 2019
b: in any other fiduciary capacity.
6: In subsection (2A)﻿(b), medical practitioner section 114(1)﻿(a) Section 23(1) amended 7 August 2020 section 135 Public Service Act 2020 Section 23(1) amended 1 April 1987 section 4(2) Official Information Amendment Act 1987 Section 23(1)﻿(b) amended 1 July 1993 section 4(1) Official Information Amendment Act 1993 Section 23(2A) inserted 1 July 1993 section 4(2) Official Information Amendment Act 1993 Section 23(2A)﻿(b) amended 7 August 2020 section 135 Public Service Act 2020 Section 23(2B) inserted 1 July 1993 section 4(2) Official Information Amendment Act 1993 Section 23(3) amended 1 April 1987 section 9(2) Official Information Amendment Act 1987 Section 23(5) replaced 1 March 2002 section 170(1) Public Trust Act 2001 Section 23(5)﻿(a) amended 30 January 2021 section 161 Trusts Act 2019 Section 23(6) inserted 18 September 2004 section 175(1) Health Practitioners Competence Assurance Act 2003
4: Right of access to personal information
24: Right of access to personal information
1: Subject to this Part, to sections 10 52
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 19
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
4: Nothing in this section requires, or imposes any responsibility on, any public service agency
5: Nothing in this section gives any person the right to be given access to any personal 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 Trusts Act 2019
b: in any other fiduciary capacity. Section 24(1) amended 1 July 1993 section 5(1) Official Information Amendment Act 1993 Section 24(2) replaced 1 July 1993 section 5(2) Official Information Amendment Act 1993 Section 24(3A) inserted 1 April 1987 section 13 Official Information Amendment Act 1987 Section 24(4) amended 7 August 2020 section 135 Public Service Act 2020 Section 24(5) replaced 1 March 2002 section 170(1) Public Trust Act 2001 Section 24(5)﻿(a) amended 30 January 2021 section 161 Trusts Act 2019
24A: Restriction where person sentenced to imprisonment
Section 24A repealed (without coming into force) 1 July 1993 section 6 Official Information Amendment Act 1993
25: Precautions
Where a request is made under section 24(1) (for itself and for a departmental agency hosted by it or an interdepartmental executive board serviced by it) or interdepartmental venture
a: shall not give access to that information unless it or he is satisfied concerning the identity of the person making the request; and
b: shall ensure, by the adoption of appropriate procedures, that any information 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 information or is otherwise properly authorised by that person to obtain the information. Section 25 amended 7 August 2020 section 135 Public Service Act 2020
26: Correction of information
1: Every person who is given access under section 24(1) (for itself and for a departmental agency hosted by it or an interdepartmental executive board serviced by it) or interdepartmental venture
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 venture venture Section 26(1) amended 7 August 2020 section 135 Public Service Act 2020 Section 26(2) amended 7 August 2020 section 135 Public Service Act 2020
27: Reasons for refusal of requests for personal information
1: A department (for itself and for a departmental agency hosted by it or an interdepartmental executive board serviced by it) or interdepartmental venture section 24(1)
a: the disclosure of the information would be likely to prejudice any of the interests protected by section 6(a) to (d) section 7 section 9(2)﻿(b)
b: the disclosure of the information would involve the unwarranted disclosure 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:
e:
f:
g: the disclosure of the information would breach legal professional privilege; or
h: the request is frivolous or vexatious, or the information requested is trivial.
1A: No reasons other than 1 or more of the reasons set out in subsection (1) justifies a refusal to disclose any personal information requested under section 24(1)
2: For the purposes of subsection (1)﻿(c), the term evaluative material
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. Section 27(1) amended 7 August 2020 section 135 Public Service Act 2020 Section 27(1)﻿(a) replaced 1 April 1987 section 4(2) Official Information Amendment Act 1987 Section 27(1)﻿(d) repealed 1 July 1993 section 7(1) Official Information Amendment Act 1993 Section 27(1)﻿(e) repealed 1 July 1993 section 7(1) Official Information Amendment Act 1993 Section 27(1)﻿(f) repealed 1 July 1993 section 7(1) Official Information Amendment Act 1993 Section 27(1A) inserted 1 April 1987 section 15(2) Official Information Amendment Act 1987 Section 27(2) replaced 1 July 1993 section 7(2) Official Information Amendment Act 1993
5: Review of decisions
Decisions under Part 2 and section 10
28: Functions of Ombudsmen
1: It is a function of the Ombudsmen to investigate and review any decision by which a department (for itself and for a departmental agency hosted by it or an interdepartmental executive board serviced by it) or interdepartmental venture 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
b: decides, in accordance with section 16 17 section 15 section 12
c: imposes conditions on the use, communication, or publication of information made available pursuant to a request made in accordance with section 12
d: gives a notice under section 10
2: It is a function of the Ombudsmen to investigate and review any decision by which the chief executive of a department (for the department and for a departmental agency hosted by it or an interdepartmental executive board serviced by it) or the board of an interdepartmental venture or an officer or an employee of a department or venture authorised by its chief executive or board 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 venture 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)
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 venture section 18(e) to (g) Public Records Act 2005 Section 28 replaced 1 April 1987 section 16(1) Official Information Amendment Act 1987 Section 28(1) replaced 7 August 2020 section 135 Public Service Act 2020 Section 28(2) replaced 7 August 2020 section 135 Public Service Act 2020 Section 28(3) replaced 22 October 2003 section 5 Official Information Amendment Act 2003 Section 28(3A) inserted 22 October 2003 section 5 Official Information Amendment Act 2003 Section 28(4) replaced 26 March 2015 section 9(1) Official Information Amendment Act 2015 Section 28(4) amended 7 August 2020 section 135 Public Service Act 2020 Section 28(6) inserted 26 March 2015 section 9(2) Official Information Amendment Act 2015 Section 28(6) amended 7 August 2020 section 135 Public Service Act 2020
29: Application of Ombudsmen Act 1975
1: Except as otherwise provided by this Act, the provisions of the Ombudsmen Act 1975 Part 2 section 10
2: Nothing in sections 13 14 25
29A: Requirements of Ombudsman to be complied with within certain period
1: Subject to this section, where, during the course of an investigation, under section 28 section 19
2: Where any requirement to which subsection (1) applies is made to any department or interdepartmental venture or Minister of the Crown or organisation, the chief executive of that department or the board of that venture or an officer or employee of that department or venture authorised by that chief executive or that board 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 venture 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 the 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 requirement 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
c: contain such other information as is necessary.
6: If any department or venture
7: Notwithstanding anything in this section, an Ombudsman shall not, in any report made under subsection (6), make any comment that is adverse to any person unless the person has first been given an opportunity to be heard. Section 29A inserted 1 April 1987 section 17(1) Official Information Amendment Act 1987 Section 29A(1) replaced 7 August 2020 section 135 Public Service Act 2020 Section 29A(2) replaced 7 August 2020 section 135 Public Service Act 2020 Section 29A(6) amended 7 August 2020 section 135 Public Service Act 2020
29B: Consultation with Privacy Commissioner
Where an Ombudsman investigates a complaint made under section 28 section 9(2)﻿(a) section 30 Privacy Act 2020 Section 29B inserted 1 July 1993 section 8 Official Information Amendment Act 1993 Section 29B amended 1 December 2020 section 217 Privacy Act 2020
30: Procedure after investigation
1: Where, after making an investigation of a complaint made under section 28
a: that the request made in accordance with section 12
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 the Ombudsman shall, subject to subsection (3) of this section,—
c: report his opinion and his reasons therefor to the appropriate department or interdepartmental venture
d: subject to section 31
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 public service agency or an organisation named in Schedule 1
b: in the case of an organisation named in Schedule 1
3: Notwithstanding anything in this section, an Ombudsman shall not, in any report 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 section 28(1) or section 28(2) Section 30(1)﻿(c) amended 7 August 2020 section 135 Public Service Act 2020 Section 30(2)﻿(a) amended 7 August 2020 section 135 Public Service Act 2020 Section 30(4) amended 1 April 1987 section 16(3) Official Information Amendment Act 1987
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 relations of the Government of New Zealand; or
ii: any interest protected by section 7
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 further consideration by the appropriate department or interdepartmental venture Section 31 amended 7 August 2020 section 135 Public Service Act 2020
32: Recommendations made to
public service agency
1: Where a recommendation is made under section 30(1) Schedule 1
a: a public duty to observe that recommendation shall be imposed on that public service agency public service agency
b: the public duty imposed by paragraph (a) shall be imposed not only on the public service agency
i: the members of the organisation; and
ii: every officer and employee of that public service agency
iii: every body within that public service agency
iv: every statutory officer to whom that recommendation is applicable.
2: Where a recommendation is made under section 30(1)
3: Where a recommendation is made under section 30(1) 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 applicable.
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 recommendation.
5: Nothing in this section—
a: limits section 15
b: prevents effect being given to any interim order made under section 15 Section 32 replaced 1 April 1987 section 18 Official Information Amendment Act 1987 Section 32 heading amended 7 August 2020 section 135 Public Service Act 2020 Section 32(1) amended 7 August 2020 section 135 Public Service Act 2020 Section 32(1)﻿(a) amended 7 August 2020 section 135 Public Service Act 2020 Section 32(1)﻿(b) amended 7 August 2020 section 135 Public Service Act 2020 Section 32(1)﻿(b)﻿(ii) amended 7 August 2020 section 135 Public Service Act 2020 Section 32(1)﻿(b)﻿(iii) amended 7 August 2020 section 135 Public Service Act 2020 Section 32(5)﻿(a) amended 1 March 2017 section 24 Judicial Review Procedure Act 2016 Section 32(5)﻿(b) amended 1 March 2017 section 24 Judicial Review Procedure Act 2016
32A: Requirements in relation to Order in Council
1: Every Order in Council made under section 32 Gazette
2: Every Order in Council made under section 32
3: An Order in Council made under section 32 section 30(1) Section 32A inserted 1 April 1987 section 18 Official Information Amendment Act 1987
32B: Right of review
1: Where—
a: a recommendation is made under section 30(1) section 12
b: an Order in Council is made under section 32 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 32A
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 32A
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 application 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 purpose. Section 32B inserted 1 April 1987 section 18 Official Information Amendment Act 1987
32C: Appeals
Any party to an application under section 32B section 56 Section 32C inserted 1 April 1987 section 18 Official Information Amendment Act 1987 Section 32C amended 1 March 2017 section 183(b) Senior Courts Act 2016
33: Complainant to be informed of result of investigation
The Ombudsman who investigates a complaint made for the purposes of section 28(3) Section 33 amended 1 April 1987 section 16(4) Official Information Amendment Act 1987
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)
a: shall not make an application under section 8
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. Section 34 amended 1 April 1987 section 16(5) Official Information Amendment Act 1987 Section 34(a) amended 1 March 2017 section 24 Judicial Review Procedure Act 2016 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 Ombudsmen Act 1975 Part 3 Part 4
a: including any such decision made by—
i: a Minister of the Crown; or
ii: an organisation named in Schedule 1
b: not including a decision made under section 10 Part 3 Part 4
1A: The provisions of section 29A section 19 public service agency
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 (including in relation to a departmental agency hosted by the department or an interdepartmental executive board serviced by it) or interdepartmental venture
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) public service agency the House of Representatives
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 public service agency
6: Notwithstanding anything in this section, an Ombudsman shall not, in any report 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 Part 4 or interdepartmental venture section 15(1)
8: Undue delay in giving any person access to official information in response to a request under Part 3 Part 4 Section 35(1A) inserted 1 April 1987 section 17(2) Official Information Amendment Act 1987 Section 35(1A) amended 7 August 2020 section 135 Public Service Act 2020 Section 35(2) amended 7 August 2020 section 135 Public Service Act 2020 Section 35(4) amended 7 August 2020 section 135 Public Service Act 2020 Section 35(4) amended 1 April 1987 section 19(1) Official Information Amendment Act 1987 Section 35(5) amended 7 August 2020 section 135 Public Service Act 2020 Section 35(7) inserted 1 April 1987 section 19(2) Official Information Amendment Act 1987 Section 35(7) amended 7 August 2020 section 135 Public Service Act 2020 Section 35(8) inserted 1 April 1987 section 19(2) Official Information Amendment Act 1987 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
6: Information Authority
Part 6 expired 1 July 1988 section 53(a)﻿(ii)
37: Establishment of Information Authority
Section 37 expired 1 July 1988 section 53(a)﻿(ii)
38: Functions and powers of Authority
Section 38 expired 1 July 1988 section 53(a)﻿(ii)
39: Functions in respect of personal information
Section 39 expired 1 July 1988 section 53(a)﻿(ii)
40: Membership of Authority
Section 40 expired 1 July 1988 section 53(a)﻿(ii)
41: Term of office of members of Authority
Section 41 expired 1 July 1988 section 53(a)﻿(ii)
42: Regulations providing for access to information
Section 42 expired 1 July 1988 section 53(a)﻿(ii)
43: Provision for disallowance of regulations providing for access to information
Section 43 expired 1 July 1988 section 53(a)﻿(ii)
44: Annual report
Section 44 expired 1 July 1988 section 53(a)﻿(ii)
45: Offences
Section 45 expired 1 July 1988 section 53(a)﻿(ii)
7: Miscellaneous provisions
46: Assistance of
Ministry of Justice The Ministry of Justice public service agency public service agency Section 46 replaced 1 December 1989 section 4 Official Information Amendment Act 1989 Section 46 heading amended 1 October 1995 section 10(3) Department of Justice (Restructuring) Act 1995 Section 46 amended 7 August 2020 section 135 Public Service Act 2020 Section 46 amended 1 October 1995 section 10(3) Department of Justice (Restructuring) Act 1995
47: Regulations
1: The Governor-General may from time to time, by Order in Council, make regulations for all or any of the following purposes—
a:
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:
c: providing the procedure for the service of notices and documents under this Act:
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 giving full effect to this Act and for its due administration.
2: Regulations under this section are secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 47(1)﻿(a) expired 1 July 1988 section 53(a)﻿(iii) Section 47(2) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
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 public service agency
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 purposes 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 1 April 1987 section 21 Official Information Amendment Act 1987 Section 48(1)﻿(b) amended 7 August 2020 section 135 Public Service Act 2020
49: Power to amend Schedule 1 by Order in Council
1: Where any organisation named in Schedule 1
2: An order under this section is secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 49(2) replaced 28 October 2021 section 3 Secondary Legislation Act 2021
50: Consequential amendments to other enactments
The enactments specified in Schedule 3
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 contempt of court or of the House of Representatives
2: Nothing in this Act authorises or permits any person to make information available 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 51
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
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 obtained or made available; or
c: any provision of any Order in Council made under the Commissions of Inquiry Act 1908 Section 52(1) amended 1 April 1987 section 22 Official Information Amendment Act 1987 Section 52(2)﻿(a) replaced 1 March 2002 section 170(1) Public Trust Act 2001 Section 52(3)﻿(b) amended 19 December 1989 section 11 Regulations (Disallowance) Act 1989
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 section 2(1)
ii: Part 6
iii: paragraph (a) of section 47
iv: Schedule 2 shall expire; and
b: section 11(1)﻿(a) or the Authority
c: the Authority shall be dissolved; 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, contracts, 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.