Local Government Official Information and Meetings Act 1987

1: Short Title and commencement
1: This Act may be cited as the Local Government Official Information and Meetings Act 1987.
2: This Act shall come into force on 1 March 1988.
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 enactment
a: means any provision of—
i: any Act of Parliament; or
ii: any secondary legislation, within the meaning of the Legislation Act 2019
b: in relation to section 54 Internet site local authority
a: for the purposes of Parts 1 to 6 Schedule 1
b: for the purposes of Parts 7 8 Schedule 1 Schedule 2 and, in both cases, includes—
c: any committee or subcommittee or standing committee or special committee or joint standing committee or joint special committee which the local authority is empowered to appoint under its standing orders or rules of procedure or under any enactment or Order in Council constituting the local authority or regulating its proceedings; and
d: a committee of the whole local authority member official information
a: means any information held by a local authority; but
b: does not include—
i: information contained in library or museum material made or acquired and preserved solely for reference or exhibition purposes; or
ii: information which is held by a local authority solely as an agent or for the sole purpose of safe custody and which is so held on behalf of a person other than a local authority; or
iii: information contained in any correspondence or communication that has taken place between the office of the Ombudsmen and any local authority and that relates to an investigation conducted by an Ombudsman under this Act or under the Ombudsmen Act 1975 ; and
c: does not include information contained in any correspondence or communication that has taken place between the office of the Privacy Commissioner and any local authority and that relates to any investigation conducted by the Privacy Commissioner under the Privacy Act 2020 Ombudsmen Ombudsmen Act 1975 organisation
a: an organisation named in Part 2
b: an organisation named in Schedule 1 person personal information prescribed amount presiding member publicly notified
a: is made publicly available, until any opportunity for review or appeal in relation to the matter notified has lapsed, on the local authority’s Internet site; and
b: is published in at least—
i: 1 daily newspaper circulating in the region or district of the local authority; or
ii: 1 or more other newspapers that have a combined circulation in that region or district at least equivalent to that of a daily newspaper circulating in that region or district statutory officer
a: holding or performing the duties of an office established by an enactment; or
b: performing duties expressly conferred on that person by virtue of that person's 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: the day observed in the appropriate area as the anniversary of the province of which the area forms a part; and
c: a day in the period commencing with 20 December in any year and ending with 10 January in the following year.
2:
3: Subject to subsection (4), information that is held by an officer or employee or member of a local authority in that person's capacity as such an officer or employee or member or in that person's capacity as a statutory officer shall be deemed to be held by the local authority of which that person is an officer or employee or member.
4: Nothing in subsection (3) applies in respect of any information that any officer or employee or member of a local authority would not hold but for that person's membership of, or connection with, a body other than a local authority, except where that membership or connection is in that person's capacity as such an officer or employee or member of that local authority or as a statutory officer.
5:
6: Any information held by an independent contractor engaged by any local authority in his or her capacity as an independent contractor is, for the purposes of this Act, deemed to be held by the local authority. Section 2(1) enactment replaced 28 October 2021 section 3 Secondary Legislation Act 2021 Section 2(1) Internet site inserted 21 March 2019 section 29(1) Local Government Regulatory Systems Amendment Act 2019 Section 2(1) official information amended 1 July 1993 section 2(1) Local Government Official Information and Meetings Amendment Act 1993 Section 2(1) official information added 1 July 1993 section 2(2) Local Government Official Information and Meetings Amendment Act 1993 Section 2(1) official information amended 1 December 2020 section 217 Privacy Act 2020 Section 2(1) publicly notified replaced 21 March 2019 section 29(2) Local Government Regulatory Systems Amendment Act 2019 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(1) working day replaced 21 March 2019 section 29(3) Local Government Regulatory Systems Amendment Act 2019 Section 2(1) working day inserted 21 March 2019 section 29(3) Local Government Regulatory Systems Amendment Act 2019 Section 2(2) repealed 1 October 1991 section 362 Resource Management Act 1991 Section 2(4) substituted 1 July 1993 section 2(3) Local Government Official Information and Meetings Amendment Act 1993 Section 2(5) repealed 1 July 2003 section 262 Local Government Act 2002 Section 2(6) replaced 26 March 2015 section 4 Local Government Official Information and Meetings Amendment Act 2015
2A: Temporary definition of publicly notified as result of outbreak of COVID-19
2020-11-01 Local Government Official Information and Meetings Act 1987 Section 2A is repealed on 1 November 2020. Section 2A repealed 1 November 2020
3: Act to bind the Crown
This Act binds the Crown.
4: Purposes
The purposes of this Act are—
a: to increase progressively
i: to enable more effective participation by the public in the actions and decisions of local authorities; and
ii: to promote the accountability of local authority members and officials,— and thereby to enhance respect for the law and to promote good local government in New Zealand:
b: to provide for proper access by each person to official information relating to that person:
c: to protect official information and the deliberations of local authorities to the extent consistent with the public interest and the preservation of personal privacy. 1982 No 156 s 4 Section 4(a) amended 26 March 2015 section 5 Local Government Official Information and Meetings Amendment Act 2015
1: Access to local authority information
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. 1982 No 156 s 5
6: Conclusive reasons for withholding official information
Good reason for withholding official information exists, for the purpose of section 5
a: to prejudice the maintenance of the law, including the prevention, investigation, and detection of offences, and the right to a fair trial; or
b: to endanger the safety of any person. 1982 No 156 s 6(c), (d) 1987 No 8 s 3
7: 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 8 17
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: in the case only of an application for a resource consent, or water conservation order, or a requirement for a designation or heritage order, under the Resource Management Act 1991
c: 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; or
d: avoid prejudice to measures protecting the health or safety of members of the public; or
e: avoid prejudice to measures that prevent or mitigate material loss to members of the public; or
f: maintain the effective conduct of public affairs through—
i: the free and frank expression of opinions by or between or to members or officers or employees of any local authority, or any persons to whom section 2(5)
ii: the protection of such members, officers, employees, and persons from improper pressure or harassment; or
g: maintain legal professional privilege; or
h: enable any local authority holding the information to carry out, without prejudice or disadvantage, commercial activities; or
i: enable any local authority holding the information to carry on, without prejudice or disadvantage, negotiations (including commercial and industrial negotiations); or
j: prevent the disclosure or use of official information for improper gain or improper advantage. 1982 No 156 s 9 1987 No 8 ss 4(2) 5 Section 7(2)﻿(ba) inserted 1 October 1991 section 362 Resource Management Act 1991
8: Information concerning existence of certain information
Where a request under this Act relates to information to which section 6 section 7(2)﻿(b) 1982 No 156 s 10 1987 No 8 s 4(2)
9: 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: an investigation by or proceedings before an Ombudsman in relation to any decision under this Act; or
b: any application under section 8 but not so as to give any party any information that that party would not, apart from this section, be entitled to.
2: Nothing in subsection (1) affects—
a: section 31
b: section 20(1) 1982 No 156 s 11 Section 9(1)﻿(b) amended 1 March 2017 section 24 Judicial Review Procedure Act 2016
2: Requests for access to information held by local authorities
10: Requests
1: Any person may request any local authority to make available to that person 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 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) 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 that request be treated as urgent, that person shall give that person's reasons for seeking the information urgently.
4: A local authority to which an oral request is made under subsection (1) may, if written clarification is reasonably necessary, ask the person requesting the information to put the request in writing to clarify the request.
5: If the person requesting the information declines or is unable to put the oral request in writing, the local authority must record its understanding of the request, and provide a copy of the record to the person. 1982 No 156 s 12 1987 No 8 s 6 Section 10(1AA) inserted 26 March 2015 section 6(1) Local Government Official Information and Meetings Amendment Act 2015 Section 10(1A) inserted 1 July 1993 section 3 Local Government Official Information and Meetings Amendment Act 1993 Section 10(1A) amended 1 December 2020 section 217 Privacy Act 2020 Section 10(4) inserted 26 March 2015 section 6(2) Local Government Official Information and Meetings Amendment Act 2015 Section 10(5) inserted 26 March 2015 section 6(2) Local Government Official Information and Meetings Amendment Act 2015
11: Assistance
It is the duty of every local authority to give reasonable assistance to a person who—
a: wishes to make a request in accordance with section 10
b: in making a request under section 10
c: has not made that person's request to the appropriate local authority or department or Minister of the Crown or organisation,— to make a request in a manner that is in accordance with that section or to direct that person's request to the appropriate local authority or department or Minister of the Crown or organisation. 1982 No 156 s 13
12: Transfer of requests
Where—
a: a request in accordance with section 10
b: the information , or some of the information,
i: is not held by that local authority but is believed by the person dealing with the request to be held by another local authority or a department or Minister of the Crown or organisation; or
ii: is believed by the person dealing with the request to be more closely connected with the functions of another local authority or a department or Minister of the Crown or organisation,— the chief executive chief executive , or relevant part of the request, 1982 No 156 s 14 1987 No 8 s 7(1) Section 12 amended 26 March 2015 section 7(b) Local Government Official Information and Meetings Amendment Act 2015 Section 12 amended 1 July 2003 section 262 Local Government Act 2002 Section 12(b) amended 26 March 2015 section 7(a) Local Government Official Information and Meetings Amendment Act 2015
13: Decisions on requests
1: Subject to this Act, the local authority to which a request is made in accordance with section 10 section 12 section 14
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.
1A: Subject to section 23
2: Any charge for the supply of official information under this Act shall not exceed the prescribed amount.
3: Where no such amount is prescribed, 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.
4: The local authority may require that the whole or part of any charge be paid in advance.
5: Where a request in accordance with section 10 chief executive chief executive section 12
6: Nothing in subsection (5) prevents the chief executive chief executive section 10 section 12 section 14
7: If a request (the original request
8: However, subsection (7) does not apply if—
a: the original request is amended or clarified because the local authority sought an amendment to, or a clarification of, the request; and
b: the local authority did not seek that amendment or clarification within 7 working days after receiving the original request. 1982 No 156 s 15 1987 No 8 s 8(1) Section 13(1A) inserted 1 December 1989 Local Government Official Information and Meetings Amendment Act (No 2) 1989 Section 13(5) amended 1 July 2003 section 262 Local Government Act 2002 Section 13(6) amended 1 July 2003 section 262 Local Government Act 2002 Section 13(7) inserted 26 March 2015 section 8 Local Government Official Information and Meetings Amendment Act 2015 Section 13(8) inserted 26 March 2015 section 8 Local Government Official Information and Meetings Amendment Act 2015
14: Extension of time limits
1: Where a request in accordance with section 10 chief executive chief executive section 12 section 13(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 local authority; 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 27(3)
d: contain such other information as is necessary. 1982 No 156 s 15A 1987 No 8 s 9(1) Section 14(1) amended 1 July 2003 section 262 Local Government Act 2002
15: 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 in subsection (1) may be made available in electronic form or by electronic means.
2: Subject to section 16
a: impair efficient administration; or
b: be contrary to any legal duty of any local authority in respect of the document; or
c: prejudice the interests protected by section 6 section 7
3: Where the information is not provided in the way preferred by the person requesting it, the local authority shall, subject to section 8
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 1982 No 156 s 16 1987 No 8 s 4(2) Section 15(1A) inserted 26 March 2015 section 9 Local Government Official Information and Meetings Amendment Act 2015
16: 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 local authority shall, subject to section 8
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 1982 No 156 s 17 1987 No 8 s 4(2)
17: Refusal of requests
A request made in accordance with section 10
a: that, by virtue of section 6 section 7
b: that, by virtue of section 8
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 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 local authority and the person dealing with the request has no grounds for believing that the information is either—
i: held by another local authority or a department or Minister of the Crown or organisation; or
ii: connected more closely with the functions of another local authority, or a department or Minister of the Crown or organisation:
h: that the request is frivolous or vexatious or that the information requested is trivial. 1982 No 156 s 18 1987 No 8 ss 4(2) 10 Section 17(da) inserted 29 June 2009 section 37 Criminal Disclosure Act 2008 Section 17(e) amended 26 March 2015 section 10 Local Government Official Information and Meetings Amendment Act 2015
17A: Requests involving substantial collation or research
1: In deciding whether to refuse a request under section 17(f)
a: fixing a charge under section 13
b: extending the time limit under section 14
2: For the purposes of refusing a request under section 17(f)
a: that are about the same subject matter or about similar subject matters; and
b: that are received simultaneously or in short succession. Section 17A inserted 22 October 2003 section 3 Local Government Official Information and Meetings Amendment Act 2003
17B: Duty to consider consulting person if request likely to be refused under section 17(e) or (f)
If a request is likely to be refused under section 17(e) or (f) Section 17B inserted 22 October 2003 section 3 Local Government Official Information and Meetings Amendment Act 2003
18: Reason for refusal to be given
Where a request made in accordance with section 10
a: subject to section 8
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
b: give to the applicant information concerning the applicant's right, by way of complaint under section 27(3) 1982 No 156 s 19 1987 No 8 ss 4(2) 16(2)
3: Publication of, and access to, certain documents and information
19: Publication setting out functions of local authorities
Section 19 repealed 1 July 2003 section 266 Local Government Act 2002
20: Right of access to publication published under section 19
Section 20 repealed 1 July 2003 section 266 Local Government Act 2002
21: Right of access to internal rules affecting decisions
1: Subject to sections 6 7(2)﻿(a), (b), (c), (h), and (i) 8 44
2: Sections 10(2) and (3) 11 to 14 18
3: Where by virtue of any of the provisions of section 6 section 7(2)﻿(a), (b), (c), (h), and (i)
a: make a copy of that document available with such deletions or alterations as are necessary; or
b: provide another document stating the substance and effect of the document except as it relates to the information withheld.
4: Where a document is made available under subsection (3), the local authority shall, subject to section 8
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(2)﻿(a) or (b) or (c) or (h) or (i) 1982 No 156 s 22 1987 No 8 ss 4(2) 9(2)
22: Right of access by person to reasons for decisions affecting that person
1: Subject to sections 6 7(2)﻿(b) 8 44
a: the findings on material issues of fact; and
b: subject to subsection (1A)
c: the reasons for the decision or recommendation.
1A: 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 local authority with a natural person's medical practitioner, the local authority 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 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.
1B: For the purposes of subsection (1A), 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.
2: Sections 10(3) 11 to 14 18
3: In subsection (1A)﻿(b), medical practitioner section 114(1)﻿(a) 1982 No 156 s 23 1987 No 8 ss 4(2) 9(2) Section 22(1)﻿(b) amended 1 July 1993 section 4(1) Local Government Official Information and Meetings Amendment Act 1993 Section 22(1A) inserted 1 July 1993 section 4(2) Local Government Official Information and Meetings Amendment Act 1993 Section 22(1B) inserted 1 July 1993 section 4(2) Local Government Official Information and Meetings Amendment Act 1993 Section 22(3) added 18 September 2004 section 175(1) Health Practitioners Competence Assurance Act 2003
4: Right of access to personal information
23: Right of access to personal information
1: Subject to this Part, and to sections 8 44
a: is about that person; and
b: is held in such a way that it can readily be retrieved.
1A: The right conferred by subsection (1) may be exercised only by a person who is not a natural person.
2: Sections 10(3) 11 to 16 18
3: Where any person is given access to any personal information under this section, that person shall be advised of that person's right, under section 25
4: Nothing in this section requires, or imposes any responsibility on, any local authority to compile files or data banks of personal information. 1982 No 156 s 24 1987 No 8 s 13 Section 23(1) amended 1 July 1993 section 5(1) Local Government Official Information and Meetings Amendment Act 1993 Section 23(1A) inserted 1 July 1993 section 5(2) Local Government Official Information and Meetings Amendment Act 1993
24: Precautions
Where a request is made under section 23(1)
a: shall not give access to that information unless it 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 that person's 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. 1982 No 156 s 25
25: Correction of information
1: Every person who is given access under section 23(1)
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 local authority receives a letter pursuant to subsection (1), it shall inform the person by whom or by which the letter was sent of the action taken by the local authority as a result of the letter. 1982 No 156 s 26
26: Reasons for refusal of requests for personal information
1: A local authority may refuse to disclose any personal information requested under section 23(1)
a: the disclosure of the information would be likely to prejudice any of the interests protected by section 6 section 7(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.
2: 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 23(1)
3: 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. 1982 No 156 s 27 1987 No 8 ss 4(2) 15 Section 26(1)﻿(d) repealed 1 July 1993 section 6(1) Local Government Official Information and Meetings Amendment Act 1993 Section 26(1)﻿(e) repealed 1 July 1993 section 6(1) Local Government Official Information and Meetings Amendment Act 1993 Section 26(1)﻿(f) repealed 1 July 1993 section 6(1) Local Government Official Information and Meetings Amendment Act 1993 Section 26(3) substituted 1 July 1993 section 6(2) Local Government Official Information and Meetings Amendment Act 1993
5: Review of decisions
Decisions under Part 2 and section 8
27: Functions of Ombudsmen
1: It shall be a function of the Ombudsmen to investigate and review any decision by which a local authority—
a: refuses to make official information available to any person in response to a request made by that person in accordance with section 10
b: decides, in accordance with section 15 section 16 section 13 section 10
c: imposes conditions on the use, communication, or publication of information made available pursuant to a request made in accordance with section 10
d: gives a notice under section 8
2: It shall be a function of the Ombudsmen to investigate and review any decision by which the chief executive chief executive section 14
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 the local authority to comply with section 13(1)
a: as soon as is reasonably practicable, or at the latest within 20 working days, after receiving the request; or
b: within an extended time limit notified under section 14(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 local authority has refused to make official information available for any of the reasons specified in section 17(e) to (g) Public Records Act 2005 1982 No 156 s 28 1987 No 8 s 16(1) Section 27(2) amended 1 July 2003 section 262 Local Government Act 2002 Section 27(3) substituted 22 October 2003 section 4 Local Government Official Information and Meetings Amendment Act 2003 Section 27(3A) inserted 22 October 2003 section 4 Local Government Official Information and Meetings Amendment Act 2003 Section 27(4) replaced 26 March 2015 section 11(1) Local Government Official Information and Meetings Amendment Act 2015 Section 27(6) inserted 26 March 2015 section 11(2) Local Government Official Information and Meetings Amendment Act 2015 Section 27(6) amended 30 November 2022 section 70 Statutes Amendment Act 2022
28: Application of Ombudsmen Act 1975
1: Except as otherwise provided by this Act, the provisions of the Ombudsmen Act 1975 Part 2 section 8
2: Nothing in sections 13 14 25 1982 No 156 s 29
29: Requirements of Ombudsman to be complied with within certain period
1: Subject to this section, where, during the course of an investigation, under section 27 section 19
2: Where any requirement to which subsection (1) applies is made to any local authority, the chief executive chief executive
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 local authority; 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 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. 1982 No 156 s 29A 1987 No 8 s 17(1) Section 29(2) amended 1 July 2003 section 262 Local Government Act 2002
29A: Consultation with Privacy Commissioner
Where an Ombudsman investigates a complaint made under section 27 section 7(2)﻿(a) section 30 Privacy Act 2020 Section 29A inserted 1 July 1993 section 7 Local Government Official Information and Meetings Amendment Act 1993 Section 29A 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 27
a: that the request made in accordance with section 10
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 (2) of this section,—
c: report that Ombudsman's opinion and that Ombudsman's reasons therefor to the appropriate local authority; and
d: subject to section 31
e: give to the complainant—
i: a copy of that Ombudsman's recommendations (if any); and
ii: such other information as that Ombudsman thinks proper.
2: 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.
3: Except as provided in subsection (1), nothing in section 22 section 27(1) 1982 No 156 s 30 1987 No 8 s 16(3)
31: Disclosure of certain information not to be recommended
Where 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 local authority. 1982 No 156 s 31
32: Recommendations made to local authorities
1: Where a recommendation is made under section 30(1)
2: The public duty imposed by subsection (1) shall be imposed not only on the local authority itself but also on—
a: every member, officer, and employee of that local authority to whom that recommendation is applicable; and
b: every body within that local authority to whom that recommendation is applicable; and
c: every statutory officer to whom that recommendation is applicable; and
d: every person (being a person who holds information that is deemed, by virtue of section 2(5) or (6)
3: As soon as practicable after a decision is made under subsection (1), the local authority making that decision shall give a copy of the decision to the Ombudsman who made the recommendation, and to the person in respect of whose request that recommendation was made.
4: Nothing in this section—
a: limits section 15
b: prevents effect being given to any interim order made under section 15 1982 No 156 s 32 1987 No 8 s 18 Section 32(4)﻿(a) amended 1 March 2017 section 24 Judicial Review Procedure Act 2016 Section 32(4)﻿(b) amended 1 March 2017 section 24 Judicial Review Procedure Act 2016
33: Requirements in relation to decision
1: Every decision made by a local authority under section 32(1) Gazette
2: Every decision made under section 32(1)
a: the reasons for the decision; and
b: the grounds in support of those reasons; and
c: the source and purport of any advice on which the decision is based.
3: A decision made under section 32(1) section 30(1) 1982 No 156 s 32A 1987 No 8 s 18
34: Right of review
1: Where—
a: a recommendation is made under section 30(1) section 10
b: a decision is made under section 32(1) the person who made that request may apply to the High Court for a review of that decision.
2: An application under subsection (1) may be made on the ground that the decision was beyond the powers conferred by sections 32 33
3: On an application under subsection (1), the High Court may—
a: make an order confirming that the decision was validly made; or
b: make an order declaring that the decision was beyond the powers conferred by sections 32 33
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 local authority that made the decision in respect of which the application is brought. 1982 No 156 s 32B 1987 No 8 s 18
35: Appeals
Any party to an application under section 34 section 56 1982 No 156 s 32C 1987 No 8 s 18 Section 35 amended 1 March 2017 section 183(b) Senior Courts Act 2016
36: Complainant to be informed of result of investigation
The Ombudsman who investigates a complaint made for the purposes of section 27(3) 1982 No 156 s 33 1987 No 8 s 16(4)
37: Restriction on application for review
Where any person makes a request under this Act that official information be made available to that person and a decision to which section 27(1)
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. 1982 No 156 s 34 1987 No 8 s 16(5) Section 37(a) amended 1 March 2017 section 24 Judicial Review Procedure Act 2016 Decisions under Part 3 or Part 4
38: 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 section 8
2: The provisions of section 29 section 19
3: Where the Ombudsman, after making an investigation, forms an opinion of the kind described in subsection (1) or subsection (2) or subsection (3) of section 22
4: Where a report is made under subsection (3) to a local authority, the Ombudsman shall request the local authority to notify the Ombudsman, within a specified time, of the steps (if any) that the local authority proposes to take to give effect to the Ombudsman's recommendations.
5: If, within a reasonable time after the report is made under section 22(3) section 24
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 section 13(1)
8: Undue delay in giving any person access to official information in response to a request under Part 3 Part 4 1982 No 156 s 35 1987 No 8 ss 17(2) 19
39: Ombudsman may require publication of summary of report
1: Where an Ombudsman has prepared a report under section 38(3) chief executive
2: Before forwarding any such written summary to the appropriate chief executive
3: Within 1 week after the report is received by the local authority, the chief executive
4: Every such report shall be made available for a period of 4 weeks from the date of the first publication of the public notice. 1975 No 9 s 23 Section 39(1) amended 1 July 2003 section 262 Local Government Act 2002 Section 39(2) amended 1 July 2003 section 262 Local Government Act 2002 Section 39(3) amended 1 July 2003 section 262 Local Government Act 2002 Saving
40: 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 1982 No 156 s 36
6: Miscellaneous provisions relating to access to official information
41: Protection against certain actions
1: Where any official information is made available in good faith pursuant to Part 2 Part 3 Part 4
a: no proceedings, civil or criminal, shall lie against the local authority or any other person in respect of the making available of that information, or for any consequences that flow 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 local authority.
2: The making available of, or the giving of access to, any official information in consequence of a request made under Part 2 Part 3 Part 4 1982 No 156 s 48 1987 No 8 s 21
42: Delegation of powers by local authority
1: A local authority may from time to time, either generally or particularly, delegate to any officer or employee of the local authority all or any of the powers of the local authority under Parts 2 to 5 section 32
2: Subject to any general or special directions given or conditions attached by the local authority, the officer or employee to whom any powers are delegated under this section may exercise those powers in the same manner and with the same effect as if they had been conferred on that officer or employee directly by this section and not by delegation.
3: Until a delegation made under this section is revoked, it shall continue in force according to its tenor.
4: Where a person purports to act pursuant to a delegation made under this section, that person shall be presumed to be acting in accordance with the terms of the delegation in the absence of proof to the contrary.
5: Any delegation under this section may be made to a specified officer or employee, or may be made to the holder for the time being of a specified office.
6: Every delegation made under this section shall be revocable at will, and no such delegation shall prevent the exercise of any power by the local authority. 1974 No 66 s 715 1979 No 59 s 2
43: Delegation of powers by officers
1: Any officer or employee of a local authority may from time to time, by writing under that officer's or employee's hand, either generally or particularly, delegate to any other officer or employee of the local authority all or any of the powers exercisable by the first-mentioned officer or employee under Parts 2 to 5 or section 46A
a: the power to delegate under this section; and
b: any power delegated to that officer or employee by a local authority pursuant to section 42
2: Subject to any general or special directions given or conditions attached by the officer or employee making the delegation, the officer or employee to whom any powers are delegated under this section may exercise those powers in the same manner and with the same effect as if they had been conferred on that officer or employee directly by this section and not by delegation.
3: Until a delegation made under this section is revoked, it shall continue in force according to its tenor; and, in the event of the officer or employee by whom any such delegation has been made ceasing to hold office, the delegation shall continue to have effect as if made by the person for the time being holding the office of the officer or employee making the delegation.
4: Any delegation under this section may be made to a specified officer or employee, or may be made to the holder for the time being of any specified office.
5: Where any officer or employee purports to act pursuant to a delegation made under this section, that officer or employee shall be presumed to be acting in accordance with the terms of the delegation in the absence of proof to the contrary.
6: Every delegation made under this section shall be revocable at will and no such delegation shall prevent the exercise of any power by the officer or employee making the delegation. 1974 No 66 s 716 1979 No 59 s 2 Section 43(1) amended 1 October 1991 Local Government Official Information and Meetings Amendment Act 1991
44: Savings
1: Nothing in Parts 1 to 5
2: Nothing in Parts 1 to 5
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 Act 1936
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. 1982 No 156 s 52 1987 No 8 s 22 Land information memoranda Heading inserted 1 December 1992 Local Government Official Information and Meetings Amendment Act (No 2) 1991
44A: Land information memorandum
1: A person may apply to a territorial authority for the issue, within 10 working days, of a land information memorandum in relation to matters affecting any land in the district of the authority.
2: The matters which shall be included in that memorandum are—
a: information identifying each (if any) special feature or characteristic of the land concerned, including but not limited to potential erosion, avulsion, falling debris, subsidence, slippage, alluvion, or inundation, or likely presence of hazardous contaminants, being a feature or characteristic that—
i: is known to the territorial authority; but
ii: is not apparent from the district scheme under the Town and Country Planning Act 1977 Resource Management Act 1991
b: information on private and public stormwater and sewerage drains as shown in the territorial authority's records:
ba:
bb: information on—
i: whether the land is supplied with drinking water and if so, whether the supplier is the owner of the land or a drinking water supplier
ii: if the land is supplied with drinking water by a drinking water supplier
iii: if the land is supplied with water by the owner of the land, any information the territorial authority has about the supply:
iv: any exemption that has been notified by Taumata Arowai to the territorial authority under section 57
c: information relating to any rates owing in relation to the land:
ca: if the land concerned is located in a levy area that is subject to a levy order under the Infrastructure Funding and Financing Act 2020
i: the levy period:
ii: how liability for a levy on the land is assessed:
iii: amounts of any unpaid levy:
cb: if the land concerned is located in a project area that is subject to a targeted rates order under the Urban Development Act 2020
i: the financial years to which the order applies; and
ii: how liability for targeted rates under that Act on the land is calculated; and
iii: amounts of any unpaid targeted rates under that Act:
d: information concerning any consent, certificate, notice, order, or requisition affecting the land or any building on the land previously issued by the territorial authority (whether under the Building Act 1991 , the Building Act 2004
da: the information required to be provided to a territorial authority under section 362T(2)
e: information concerning any certificate issued by a building certifier pursuant to the Building Act 1991 or the Building Act 2004
ea: information notified to the territorial authority under section 124
f: information relating to the use to which that land may be put and conditions attached to that use:
g: information which, in terms of any other Act, has been notified to the territorial authority by any statutory organisation having the power to classify land or buildings for any purpose:
h: any information which has been notified to the territorial authority by any network utility operator pursuant to the Building Act 1991 or the Building Act 2004
3: In addition to the information provided for under subsection (2), a territorial authority may provide in the memorandum such other information concerning the land as the authority considers, at its discretion, to be relevant.
4: An application for a land information memorandum shall be in writing and shall be accompanied by any charge fixed by the territorial authority in relation thereto.
5: In the absence of proof to the contrary, a land information memorandum shall be sufficient evidence of the correctness, as at the date of its issue, of any information included in it pursuant to subsection (2).
6: Notwithstanding anything to the contrary in this Act, there shall be no grounds for the territorial authority to withhold information specified in terms of subsection (2) or to refuse to provide a land information memorandum where this has been requested. Section 44A inserted 1 December 1992 Local Government Official Information and Meetings Amendment Act (No 2) 1991 Section 44A(2)﻿(ba) repealed 15 November 2021 section 206(1) Water Services Act 2021 Section 44A(2)﻿(bb) inserted 1 July 2008 section 18 Health (Drinking Water) Amendment Act 2007 Section 44A(2)﻿(bb)﻿(i) amended 15 November 2021 section 206(1) Water Services Act 2021 Section 44A(2)﻿(bb)﻿(ii) amended 15 November 2021 section 206(1) Water Services Act 2021 Section 44A(2)﻿(bb)﻿(iv) inserted 15 November 2021 section 206(1) Water Services Act 2021 Section 44A(2)﻿(ca) inserted 7 August 2020 section 161 Infrastructure Funding and Financing Act 2020 Section 44A(2)﻿(cb) inserted 7 August 2020 section 300 Urban Development Act 2020 Section 44A(2)﻿(d) amended 31 March 2005 section 414 Building Act 2004 Section 44A(2)﻿(da) inserted 28 November 2013 section 77 Building Amendment Act 2013 Section 44A(2)﻿(e) amended 31 March 2005 section 414 Building Act 2004 Section 44A(2)﻿(ea) inserted 1 April 2007 section 127(5) Weathertight Homes Resolution Services Act 2006 Section 44A(2)﻿(h) amended 31 March 2005 section 414 Building Act 2004
7: Local authority meetings
45: Interpretation
1: In this Part, unless the context otherwise requires,— meeting , subject to subsection (2),
a: any annual, biennial, triennial, ordinary, or extraordinary meeting of a local authority; and
b: any meeting of—
i: any committee or standing committee or special committee or subcommittee of a local authority; and
ii: any meeting of any joint standing committee or joint special committee appointed by 2 or more local authorities, and any subcommittee of any such committee— if—
iii: any function, duty, or power is conferred or imposed on that committee or subcommittee by any enactment; or
iv: that committee or subcommittee is empowered to exercise or perform, on behalf of any local authority or any committee of any local authority, any function, duty, or power conferred or imposed on any local authority, or on any committee of any local authority, by or under any enactment or bylaw minutes
1A: Despite subsection (1), meeting section 149J 202 clause 58
a: the board or tribunal holds under section 149L 206
b: the freshwater hearings panel holds under clause 39
2: For the avoidance of doubt, it is hereby declared that any meeting of a local authority or of any committee or subcommittee of a local authority, at which no resolutions or decisions are made is not a meeting for the purposes of this Part. Section 45(1) meeting amended 1 October 1991 Local Government Official Information and Meetings Amendment Act 1991 Section 45(1) meeting substituted 1 July 2003 section 262 Local Government Act 2002 Section 45(1A) replaced 1 July 2020 section 109 Resource Management Amendment Act 2020 Section 45(2) added 1 October 1991 Local Government Official Information and Meetings Amendment Act 1991
45A: Application of this Part to certain local authorities
The only provisions of this Part that apply to the following local authorities are sections 48 53
a: a board of inquiry given authority to conduct hearings under section 149J
b: a special tribunal given authority to conduct hearings under section 202
c: a freshwater hearings panel given authority to conduct hearings under clause 58 Section 45A inserted 4 September 2013 section 5 Local Government Official Information and Meetings Amendment Act 2013 Section 45A(c) inserted 1 July 2020 section 109 Resource Management Amendment Act 2020
46: Meetings of local authorities to be publicly notified
1: Subject to subsection (2), every local authority shall, not more than 14 days and not less than 5 days before the end of every month, cause to be publicly notified a list of all meetings of that local authority scheduled to be held in the following month, together with the dates on which, and the times and places at which, those meetings are to be held.
2: Where any meeting of a local authority is to be held on or after the 21st day of any month, the local authority may, instead of causing that meeting to be publicly notified in accordance with subsection (1), cause that meeting to be publicly notified not more than 10 nor less than 5 working days before the day on which the meeting is to be held.
3: If an extraordinary or emergency meeting of a local authority is called and cannot be publicly notified in the manner required or permitted by subsections (1) and (2), the local authority must cause that meeting and the general nature of business to be transacted at that meeting—
a: to be publicly notified as soon as practicable before the meeting is to be held; or
b: if it is not practicable to publish a notice in newspapers before the meeting, to be notified as soon as practicable on the local authority’s Internet site and in any other manner that is reasonable in the circumstances.
4:
5: No meeting of any local authority shall be invalid merely because that meeting was not publicly notified in accordance with this section.
6: Where a local authority becomes aware that any meeting of that local authority has not been publicly notified in accordance with this section, that local authority shall, as soon as practicable, give public notice that that meeting was not so notified, and shall, in that notice,—
a: state the general nature of the business transacted at that meeting; and
b: give the reasons why that meeting was not so notified.
7: Nothing in subsections (1) to (6) applies to a board constituted under subpart 5
8: Nothing in this section applies to—
a: the New Zealand Conservation Authority established under section 6A
b:
c: Provincial Patriotic Councils:
d: the National Animal Ethics Advisory Committee established by section 62
e: the National Animal Welfare Advisory Committee established by section 56 Section 46 substituted 1 October 1991 Local Government Official Information and Meetings Amendment Act 1991 Section 46(3) replaced 21 March 2019 section 30 Local Government Regulatory Systems Amendment Act 2019 Section 46(4) repealed 21 March 2019 section 30 Local Government Regulatory Systems Amendment Act 2019 Section 46(7) replaced 1 August 2020 section 668 Education and Training Act 2020 Section 46(8)﻿(a) substituted 13 March 1996 section 11 National Parks Amendment Act 1996 Section 46(8)﻿(b) repealed 1 April 2000 section 7 Children's Health Camps Board Dissolution Act 1999 Section 46(8)﻿(d) added 1 January 2000 section 196(1) Animal Welfare Act 1999 Section 46(8)﻿(e) added 1 January 2000 section 196(1) Animal Welfare Act 1999
46A: Availability of agendas and reports
1: Subject to subsections (6) to (10), any member of the public may, without payment of a fee, inspect, during normal office hours, within a period of at least 2 working days before every meeting, all agendas and associated reports circulated to members of the local authority and relating to that meeting.
2: Subject to subsections (6) to (10), the agendas—
a: shall be available for inspection under subsection (1) at the public offices of the local authority (including service delivery centres) and the public libraries under the authority's control; and
b: shall be accompanied by either—
i: the associated reports; or
ii: a notice specifying the places at which the associated reports may be inspected under subsection (1).
3: Subject to subsections (6) to (10), the associated reports shall be available for inspection under subsection (1) at the public offices of the local authority.
4: Any member of the public may take notes from any agenda or report inspected by that member of the public under subsection (1).
5: Every member of the public who inspects an agenda or report made available under subsection (1) and who requests a copy of any part of any such agenda or report and tenders the prescribed amount (if any) shall be given such a copy as soon as practicable.
6: Where a meeting is an extraordinary meeting called pursuant to a resolution of the local authority, the local authority must cause the agenda and any associated reports to be made available as soon as is reasonable in the circumstances.
7: An item that is not on the agenda for a meeting may be dealt with at the meeting if
a: the local authority by resolution so decides; and
b: the presiding member explains at the meeting at a time when it is open to the public,—
i: the reason why the item is not on the agenda; and
ii: the reason why the discussion of the item cannot be delayed until a subsequent meeting.
7A: Where an item is not on the agenda for a meeting,—
a: that item may be discussed at that meeting if—
i: that item is a minor matter relating to the general business of the local authority; and
ii: the presiding member explains at the beginning of the meeting, at a time when it is open to the public, that the item will be discussed at the meeting; but
b: no resolution, decision, or recommendation may be made in respect of that item except to refer that item to a subsequent meeting of the local authority for further discussion.
8: The chief executive
9: The chief executive
10: Where agendas and associated reports are for meetings of community boards, it shall be sufficient for the purposes of this section that they be available for public viewing at the main office of the local authority and those service delivery centres and public libraries, if any, under the control of the local authority situated within the community. Section 46A inserted 1 October 1991 Local Government Official Information and Meetings Amendment Act 1991 Section 46A(6) substituted 1 July 2003 section 262 Local Government Act 2002 Section 46A(7) amended 7 July 2004 section 3 Local Government Official Information and Meetings Amendment Act 2004 Section 46A(7A) inserted 2 September 1996 Local Government Official Information and Meetings Amendment Act 1996 Section 46A(8) amended 1 July 2003 section 262 Local Government Act 2002 Section 46A(9) amended 1 July 2003 section 262 Local Government Act 2002
46B: Modifications to section 46A while epidemic notice in force for COVID-19
2022-10-20 Local Government Official Information and Meetings Act 1987 Section 46B: is repealed when the Epidemic Preparedness (COVID-19) Notice 2020 expires or is revoked. The Epidemic Preparedness (COVID-19) Notice 2020 Renewal Notice (No 3) 2022 (https://gazette.govt.nz/notice/id/2022-sl3849) comes into force on 15 September 2022 and sets a new expiry date of 20 October 2022. Under section 5(3) of the Epidemic Preparedness Act 2006, the notice expires on the day that is 3 months after its commencement, unless an earlier expiry date is notified; or the notice is renewed under section 7 of that Act. Section 46B repealed 20 October 2022
47: Admission of public to meetings of local authorities
Except as otherwise provided by this Part, every meeting of a local authority shall be open to the public. 1962 No 113 s 3 1975 No 125 s 3
47A: Modifications to section 47 while epidemic notice in force for COVID-19
2022-10-20 Local Government Official Information and Meetings Act 1987 Section 47A: is repealed when the Epidemic Preparedness (COVID-19) Notice 2020 expires or is revoked. The Epidemic Preparedness (COVID-19) Notice 2020 Renewal Notice (No 3) 2022 (https://gazette.govt.nz/notice/id/2022-sl3849) comes into force on 15 September 2022 and sets a new expiry date of 20 October 2022. Under section 5(3) of the Epidemic Preparedness Act 2006, the notice expires on the day that is 3 months after its commencement, unless an earlier expiry date is notified; or the notice is renewed under section 7 of that Act. Section 47A repealed 20 October 2022
48: Right of local authorities to exclude public
1: Subject to subsection (3), a local authority may by resolution exclude the public from the whole or any part of the proceedings of any meeting only on 1 or more of the following grounds:
a: that the public conduct of the whole or the relevant part of the proceedings of the meeting would be likely to result in the disclosure of information for which good reason for withholding would exist,—
i: where the local authority is named or specified in Schedule 1 section 6 section 7
ii: where the local authority is named or specified in Schedule 2 section 6 section 7 section 9
b: that the public conduct of the whole or the relevant part of the proceedings of the meeting would be likely to result in the disclosure of information the public disclosure of which would—
i: be contrary to the provisions of a specified enactment; or
ii: constitute contempt of court or of the House of Representatives:
c: that the purpose of the whole or the relevant part of the proceedings of the meeting is to consider a recommendation made to that local authority by an Ombudsman under section 30(1) section 38(3) Schedule 1 section 30(1) section 35(2) Schedule 2
d: that the exclusion of the public from the whole or the relevant part of the proceedings of the meeting is necessary to enable the local authority to deliberate in private on its decision or recommendation in any proceedings to which this paragraph applies.
2: Paragraph (d) of subsection (1) applies to—
a: any proceedings before a local authority where—
i: a right of appeal lies to any court or tribunal against the final decision of the local authority in those proceedings; or
ii: the local authority is required, by any enactment, to make a recommendation in respect of the matter that is the subject of those proceedings; and
b:
c: any proceedings of a local authority in relation to any application or objection under the Marine Farming Act 1971
3: Every resolution excluding the public from any meeting shall be in the form set out in Schedule 2A
a: the general subject of each matter to be considered while the public is excluded; and
b: the reason for the passing of that resolution in relation to that matter, including, where that resolution is passed in reliance on subsection (1)﻿(a), the particular interest or interests protected by section 6 section 7 section 6 section 7 section 9
c: the grounds on which that resolution is based (being 1 or more of the grounds set out in subsection (1)).
4: Every resolution to exclude the public shall be put at a time when the meeting is open to the public, and the text of that resolution (or copies thereof)—
a: shall be available to any member of the public who is present; and
b: shall form part of the minutes of the local authority.
5: A resolution pursuant to subsection (1), may also provide for 1 or more specified persons to remain after the public has been excluded if that person, or persons, has or have, in the opinion of the local authority, knowledge that will assist the authority.
6: Where a local authority resolves that 1 or more persons may remain after the public has been excluded, the resolution must state the knowledge possessed by that person or those persons which will be of assistance in relation to the matter to be discussed and how it is relevant to that matter. Section 48 substituted 1 October 1991 Local Government Official Information and Meetings Amendment Act 1991 Section 48(2)﻿(b) repealed 1 October 1991 section 362 Resource Management Act 1991
49: Provisions applying when meeting open to public
Where a meeting of a local authority is required by this Part to be open to the public during the proceedings or any part of them, the following provisions shall apply:
a: for the purposes of this Part, bona fide members of the news media shall be deemed to be members of the public, and shall be entitled to attend any meeting or any part of a meeting for the purpose of reporting the proceedings for any news media:
b: where copies of the agenda for any meeting are reproduced by any means for use by members of a local authority, that local authority shall cause such additional copies of the agenda to be reproduced as may in its opinion be necessary to ensure an adequate supply for persons requesting copies pursuant to paragraph (c):
c: where any member of the public who attends a meeting of a local authority requests a copy of the agenda and tenders the prescribed amount (if any), that person shall be given a copy of every agenda reproduced for use by members of the local authority at that meeting of which there is a spare copy, and may take each away with that person:
d: copies of the agenda supplied for members of the public as provided in paragraph (b) shall include such further statements or particulars, if any, as are necessary to indicate the nature of any items included in the agenda, unless that item refers to any matter to be considered by the local authority when the meeting is not likely to be open to the public. 1962 No 113 s 5 1963 No 109 s 2 1975 No 125 s 5
50: Maintenance of order
1: The person presiding at any meeting of any local authority may, if that person believes, on reasonable grounds, that the behaviour of any member of the public attending that meeting is likely to prejudice or to continue to prejudice the orderly conduct of that meeting if that member of the public is permitted to remain in that meeting, require that member of the public to leave the meeting.
2: If any member of the public who is required, pursuant to subsection (1), to leave a meeting of a local authority—
a: refuses or fails to leave the meeting; or
b: having left the meeting, attempts to re-enter the meeting without the permission of the person presiding at the meeting,— any constable, or any officer or employee of the local authority, may, at the request of the person presiding at the meeting, remove or, as the case may require, exclude that member of the public from the meeting. 1962 No 113 s 6
51: Right of public to inspect or receive copies of minutes of meeting
1: Any member of the public may, without payment of fee, at the local authority's office and during normal office hours, inspect the minutes of any meeting or part of any meeting of the local authority (not being a meeting or part of a meeting from which the public was excluded) and may take notes therefrom.
2: Every member of the public so inspecting any such minutes who requests a copy of any part thereof and tenders the prescribed amount (if any) shall be given such a copy.
3: Where any person requests a copy of the minutes of any meeting or part of a meeting from which the public was excluded pursuant to this Part, the request shall,—
a: where the local authority concerned is named or specified in Schedule 1
b: where the local authority concerned is named or specified in Schedule 2 Official Information Act 1982 and shall be dealt with by that local authority accordingly. 1962 No 113 s 7 1975 No 125 s 6
51AA: Modifications to section 51 while epidemic notice in force for COVID-19
2022-10-20 Local Government Official Information and Meetings Act 1987 Section 51AA: is repealed when the Epidemic Preparedness (COVID-19) Notice 2020 expires or is revoked. The Epidemic Preparedness (COVID-19) Notice 2020 Renewal Notice (No 3) 2022 (https://gazette.govt.nz/notice/id/2022-sl3849) comes into force on 15 September 2022 and sets a new expiry date of 20 October 2022. Under section 5(3) of the Epidemic Preparedness Act 2006, the notice expires on the day that is 3 months after its commencement, unless an earlier expiry date is notified; or the notice is renewed under section 7 of that Act. Section 51AA repealed 20 October 2022
51A: Public notification of resolution at extraordinary meeting
1: A local authority must, as soon as practicable, publicly notify any resolution passed at an extraordinary meeting of the local authority unless—
a: the resolution was passed at a meeting or part of a meeting from which the public was excluded; or
b: the extraordinary meeting was publicly notified at least 5 working days before the day on which the meeting was held.
2: For the purposes of this section, resolution Section 51A substituted 7 July 2004 section 4 Local Government Official Information and Meetings Amendment Act 2004
52: Defamatory matter in copy of agenda or additional particulars supplied to public or in minutes of meeting
Where a meeting of any local authority is open to the public during the proceedings or any part thereof, and—
a: there is supplied to a member of the public a copy of the agenda for the meeting with or without further statements or particulars for the purpose of indicating the nature of any item included in the agenda; or
b: the minutes of that meeting or part are produced for inspection by any member of the public or a copy thereof is given to any member of the public,— the publication thereby of any defamatory matter included in the agenda or in the further statements or particulars or in the minutes shall be privileged unless , in any proceedings for defamation in respect of that publication, the plaintiff proves that, in publishing the matter, the defendant was predominantly motivated by ill will towards the plaintiff, or otherwise took improper advantage of the occasion of publication 1962 No 113 s 8 1975 No 125 s 7 Section 52 amended 1 February 1993 section 56(1) Defamation Act 1992
53: Oral statements at local authority meetings privileged
1: Any oral statement made at any meeting of a local authority in accordance with the rules that have been adopted by that local authority for the guidance and order of its proceedings shall be privileged, unless , in any proceedings for defamation in respect of the statement, the plaintiff proves that, in making the statement, the defendant was predominantly motivated by ill will towards the plaintiff, or otherwise took improper advantage of the occasion of publication
2: The privilege conferred by subsection (1) is in addition to and not in substitution for or derogation of any other privilege, whether absolute or qualified, that applies, by virtue of any other enactment or rule of law, to the proceedings of any local authority. Section 53(1) amended 1 February 1993 section 56(1) Defamation Act 1992
54: This Part to prevail over other enactments
Any provisions in any enactment in relation to attendance by the public at any meeting of any local authority or at any meeting of any committee or subcommittee of any local authority, or in relation to inspection of the minutes of any such meeting, shall be read subject to the provisions of this Part. 1962 No 113 s 9
8: Miscellaneous provisions
55: 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: prescribing forms of applications and other documents required for the purposes of this Act, or authorising any person to prescribe or approve such forms:
b: prescribing reasonable charges or scales of reasonable charges for the purposes of this Act:
c: 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 1982 No 156 s 47 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 55(2) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
56: Power to amend Schedules 1 and 2 by Order in Council
1: Where any class of local authority named in Schedule 1 Schedule 2
2: An order under this section is secondary legislation ( see Part 3 1962 No 113 s 2(2) 1975 No 125 s 2(5) 1982 No 156 s 49 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 56(2) replaced 28 October 2021 section 3 Secondary Legislation Act 2021
57: Consequential amendments to other enactments
1: The enactments specified in Schedule 3
2: Amendment(s) incorporated in the Act(s)
58: Repeals and revocations
1: The enactments specified in Schedule 4
2: The Orders in Council specified in Schedule 5
59: Transitional provisions for amendments made on or after commencement of Local Government Official Information and Meetings Amendment Act 2013
1: The transitional provisions set out in Schedule 6
2: The provisions relate to amendments made to this Act on or after the commencement of the Local Government Official Information and Meetings Amendment Act 2013 Section 59 inserted 4 September 2013 section 6 Local Government Official Information and Meetings Amendment Act 2013