Part 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; or

(b)

decides, in accordance with section 16 or 17, in what manner or, in accordance with section 15, for what charge a request made in accordance with section 12 is to be granted; or

(c)

imposes conditions on the use, communication, or publication of information made available pursuant to a request made in accordance with section 12; or

(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 or Minister of the Crown or organisation to comply with section 15(1)

(a)

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

(b)

within an extended time limit notified under section 15A(3) to the person who requested the information.

(5)

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

(6)

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

Section 28: replaced, on 1 April 1987, by section 16(1) of the Official Information Amendment Act 1987 (1987 No 8).

Section 28(1): replaced, on 7 August 2020, by section 135 of the Public Service Act 2020 (2020 No 40).

Section 28(2): replaced, on 7 August 2020, by section 135 of the Public Service Act 2020 (2020 No 40).

Section 28(3): replaced, on 22 October 2003, by section 5 of the Official Information Amendment Act 2003 (2003 No 90).

Section 28(3A): inserted, on 22 October 2003, by section 5 of the Official Information Amendment Act 2003 (2003 No 90).

Section 28(4): replaced, on 26 March 2015, by section 9(1) of the Official Information Amendment Act 2015 (2015 No 29).

Section 28(4): amended, on 7 August 2020, by section 135 of the Public Service Act 2020 (2020 No 40).

Section 28(6): inserted, on 26 March 2015, by section 9(2) of the Official Information Amendment Act 2015 (2015 No 29).

Section 28(6): amended, on 7 August 2020, by section 135 of the Public Service Act 2020 (2020 No 40).