Reprint as at 1 March 2016

Coat of Arms of New Zealand

Official Information Act 1982

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

Changes authorised by subpart 2 of Part 2 of the Legislation Act 2012 have been made in this official reprint.

Note 4 at the end of this reprint provides a list of the amendments incorporated.

This Act is administered by the Ministry of Justice.

Contents

Title
1Short Title and commencement
2Interpretation
3Act to bind the Crown
4Purposes
5Principle of availability
6Conclusive reasons for withholding official information
7Special reasons for withholding official information related to the Cook Islands, Tokelau, or Niue, or the Ross Dependency
8Special reasons for withholding official information related to competitive commercial activities [Repealed]
9Other reasons for withholding official information
10Information concerning existence of certain information
11Exclusion of public interest immunity
12Requests
13Assistance
14Transfer of requests
15Decisions on requests
15AExtension of time limits
16Documents
17Deletion of information from documents
18Refusal of requests
18ARequests involving substantial collation or research
18BDuty to consider consulting person if request likely to be refused under section 18(e) or (f)
19Reason for refusal to be given
20Publication setting out functions of departments and organisations
21Right of access to certain official information
22Right of access to internal rules affecting decisions
23Right of access by person to reasons for decisions affecting that person
24Right of access to personal information
24ARestriction where person sentenced to imprisonment [Repealed]
25Precautions
26Correction of information
27Reasons for refusal of requests for personal information
28Functions of Ombudsmen
29Application of Ombudsmen Act 1975
29ARequirements of Ombudsman to be complied with within certain period
29BConsultation with Privacy Commissioner
30Procedure after investigation
31Disclosure of certain information not to be recommended
32Recommendations made to department or Minister of the Crown or organisation
32ARequirements in relation to Order in Council
32BRight of review
32CAppeals
33Complainant to be informed of result of investigation
34Restriction on application for review
35Application of Ombudsmen Act 1975
36Saving in respect of Ombudsmen Act 1975
[Expired]
37Establishment of Information Authority [Expired]
38Functions and powers of Authority [Expired]
39Functions in respect of personal information [Expired]
40Membership of Authority [Expired]
41Term of office of members of Authority [Expired]
42Regulations providing for access to information [Expired]
43Provision for disallowance of regulations providing for access to information [Expired]
44Annual report [Expired]
45Offences [Expired]
46Assistance of Ministry of Justice
47Regulations
48Protection against certain actions
49Power to amend Schedule 1 by Order in Council
50Consequential amendments to other enactments
51Repeal
52Savings
53Expiration of provisions relating to Information Authority
[Expired]
Reprint notes

An Act to make official information more freely available, to provide for proper access by each person to official information relating to that person, to protect official information to the extent consistent with the public interest and the preservation of personal privacy, to establish procedures for the achievement of those purposes, and to repeal the Official Secrets Act 1951

 
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, and Schedule 2, shall come into force on the day on which this Act receives the Governor-General’s assent.

2 Interpretation

(1)

In this Act, unless the context otherwise requires,—

department means a government department named in Part 1 of Schedule 1 of the Ombudsmen Act 1975 (other than the Parliamentary Counsel Office)

document means a document in any form; and includes—

(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 means any provision of—

(a)

any Act of Parliament; or

(b)

any legislative instrument within the meaning of the Legislation Act 2012 made by Order in Council

international organisation means any organisation of States or governments of States or any organ or agency of any such organisation; and includes the Commonwealth Secretariat

local authority means a local authority or public body named or specified in Schedule 1 of the Local Government Official Information and Meetings Act 1987

member means, in relation to an organisation, any person (not being an officer or employee of the organisation) who, whether by election or appointment or otherwise, holds office as a member of the organisation; and includes—

(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

official information

(a)

means any information held by—

(i)

a department; or

(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 department; or

(ii)

an organisation; and

(c)

in relation to information held by the Ministry of Justice, includes information held by the Rules Committee appointed under section 51B of the Judicature Act 1908; and

(d)

in relation to information held by a university (including Lincoln University), includes only information held by—

(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 by or on behalf of persons other than Ministers of the Crown in their official capacity or departments; or

(iii)

any oral history provided to the National Library of New Zealand Te Puna Mātauranga o Aotearoa in accordance with section 10 of the National Library of New Zealand (Te Puna Mātauranga o Aotearoa) Act 2003; and

(f)

does not include any information which is held by a department, Minister of the Crown, or organisation 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 department or a Minister of the Crown in his official capacity or an organisation; and

(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 Trustee Act 1956; or

(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; or

(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) of the Inquiries Act 2013; or

(ii)

documents referred to in section 32(2)(b) of the Inquiries Act 2013; and

(i)

does not include information contained in any correspondence or communication which has taken place between the office of the Ombudsmen and any department or Minister of the Crown or organisation and which relates to an investigation conducted by an Ombudsman under this Act or under the Ombudsmen Act 1975, other than information that came into existence before the commencement of that investigation; and

(j)

does not include information contained in any correspondence or communication that has taken place between the office of the Privacy Commissioner and any department or Minister of the Crown or organisation and that relates to any investigation conducted by the Privacy Commissioner under the Privacy Act 1993, other than information that came into existence before the commencement of that investigation:

(k)

does not include information contained in a victim impact statement (as defined in section 17AA of the Victims’ Rights Act 2002)

(l)

does not include any evidence, submissions, or other information given or made to—

(i)

the Judicial Conduct Commissioner, the Deputy Judicial Conduct Commissioner, or a Judicial Conduct Panel, in relation to any matter under the Judicial Conduct Commissioner and Judicial Conduct Panel Act 2004; or

(ii)

the Judicial Complaints Lay Observer

Ombudsmen means the Ombudsmen holding office under the Ombudsmen Act 1975

organisation means—

(a)

an organisation named in Part 2 of Schedule 1 of the Ombudsmen Act 1975 (other than the Parliamentary Service, mortality review committees, or sponsors (within the meaning of section 2(1) of the Education Act 1989) when performing functions under the Education Act 1989 or a partnership school contract (within the meaning of section 2(1) of the Education Act 1989)):

(b)

an organisation named in Schedule 1 of this Act

permanent resident of New Zealand means a person who—

(a)

resides in New Zealand; and

(b)

is not—

(i)

a person to whom section 15 or 16 of the Immigration Act 2009 applies (except if the person has been granted a visa or entry permission in accordance with section 17 of that Act); or

(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 includes a corporation sole, and also a body of persons, whether corporate or unincorporate

personal information means any official information held about an identifiable person

State enterprise means—

(a)

an organisation that is a State enterprise within the meaning of section 2 of the State-Owned Enterprises Act 1986 and that is named in Schedule 1 of this Act:

(b)

an organisation that was a State enterprise within the meaning of section 2 of the State-Owned Enterprises Act 1986 but which continues to be named in Schedule 1 of this Act

statutory officer means a person—

(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 means any day of the week other than—

(a)

Saturday, Sunday, Good Friday, Easter Monday, Anzac Day, Labour Day, the Sovereign’s birthday, and Waitangi 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, a company registered under the Companies Act 1993 is a related company of a State enterprise if the State enterprise, whether alone or together with any other State enterprise, directly or indirectly owns, or controls the exercise of all the voting rights attaching to, the issued shares of the company (other than shares that carry no right to participate beyond a specified amount in a distribution of either profits or capital).

(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 department or Minister of the Crown or organisation; and

(b)

which is so established in accordance with the provisions of any enactment or by any department or Minister of the Crown or organisation,—

that information shall, for the purposes of this Act, be deemed—

(c)

in any case where that body is established in respect of any department or organisation, to be information held by that department or organisation; and

(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 with any department or organisation, that unincorporated body shall, for the purposes of this Act, be deemed to be part of that department or organisation.

(4)

Subject to subsection (4A), information held by an officer or employee or member of a department or organisation in that person’s capacity as such an officer or employee or member or in that person’s capacity as a statutory officer shall, for the purposes of this Act, be deemed to be held by the department or organisation of which that person is an officer or employee or member.

(4A)

Nothing in subsection (4) applies in respect of any information that any officer or employee or member of a department or organisation would not hold but for that person’s membership of, or connection with, a body other than a department or organisation, except where that membership or connection is in that person’s capacity as an officer or employee or member of that department or organisation or as a statutory officer.

(5)

Any information held by an independent contractor engaged by any department or Minister of the Crown or organisation in his capacity as such contractor shall, for the purposes of this Act, be deemed to be held by the department or Minister of the Crown or organisation.

(6)

For the avoidance of doubt, it is hereby declared that the terms department and organisation do not include—

(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; or

(c)

a Royal Commission; or

(d)

a commission of inquiry appointed by an Order in Council made under the Commissions of Inquiry Act 1908; or

(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 of the Inquiries Act 2013 applies; or

(f)

the Judicial Conduct Commissioner, the Deputy Judicial Conduct Commissioner, or a Judicial Conduct Panel under the Judicial Conduct Commissioner and Judicial Conduct Panel Act 2004; or

(g)

the Judicial Complaints Lay Observer.

Section 2(1) Authority: expired, on 1 July 1988, by section 53(a)(i).

Section 2(1) department: amended, on 1 October 1985, by section 71(1) of the Parliamentary Service Act 1985 (1985 No 128).

Section 2(1) enactment paragraph (b): replaced, on 5 August 2013, by section 77(3) of the Legislation Act 2012 (2012 No 119).

Section 2(1) local authority: inserted, on 1 March 1988, by section 57(1) of the Local Government Official Information and Meetings Act 1987 (1987 No 174).

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

Section 2(1) official information paragraph (c): replaced, on 1 October 1995, by section 10(3) of the Department of Justice (Restructuring) Act 1995 (1995 No 39).

Section 2(1) official information paragraph (c): amended, on 1 October 2003, pursuant to section 14(1) of the State Sector Amendment Act 2003 (2003 No 41).

Section 2(1) official information paragraph (d): replaced, on 1 April 1987, by section 2(2) of the Official Information Amendment Act 1987 (1987 No 8).

Section 2(1) official information paragraph (d): amended, on 1 January 1990, pursuant to section 49(6) of the Education Amendment Act 1989 (1989 No 156).

Section 2(1) official information paragraph (e)(ii): amended, on 1 February 2011, by section 18 of the National Library of New Zealand (Te Puna Mātauranga o Aotearoa) Amendment Act 2010 (2010 No 132).

Section 2(1) official information paragraph (e)(ii): amended, on 6 May 2003, by section 47 of the National Library of New Zealand (Te Puna Mātauranga o Aotearoa) Act 2003 (2003 No 19).

Section 2(1) official information paragraph (e)(iii): inserted, on 6 May 2003, by section 47 of the National Library of New Zealand (Te Puna Mātauranga o Aotearoa) Act 2003 (2003 No 19).

Section 2(1) official information paragraph (g): replaced, on 1 March 2002, by section 170(1) of the Public Trust Act 2001 (2001 No 100).

Section 2(1) official information paragraph (g): amended, on 1 July 2009, by section 30(1) of the Māori Trustee Amendment Act 2009 (2009 No 12).

Section 2(1) official information paragraph (h): amended, on 1 April 1987, by section 2(3) of the Official Information Amendment Act 1987 (1987 No 8).

Section 2(1) official information paragraph (ha): inserted, on 27 August 2013, by section 39 of the Inquiries Act 2013 (2013 No 60).

Section 2(1) official information paragraph (i): inserted, on 1 April 1987, by section 2(4) of the Official Information Amendment Act 1987 (1987 No 8).

Section 2(1) official information paragraph (i): amended, on 1 July 1993, by section 2(1) of the Official Information Amendment Act 1993 (1993 No 36).

Section 2(1) official information paragraph (j): inserted, on 1 July 1993, by section 2(2) of the Official Information Amendment Act 1993 (1993 No 36).

Section 2(1) official information paragraph (k): inserted, on 17 December 2002, by section 53 of the Victims’ Rights Act 2002 (2002 No 39).

Section 2(1) official information paragraph (k): amended, on 6 December 2014, by section 31(2) of the Victims’ Rights Amendment Act 2014 (2014 No 35).

Section 2(1) official information paragraph (l): inserted, on 1 August 2005, by section 35(1) of the Judicial Conduct Commissioner and Judicial Conduct Panel Act 2004 (2004 No 38).

Section 2(1) official information paragraph (l)(i): amended, on 23 March 2010, by section 16(2) of the Judicial Conduct Commissioner and Judicial Conduct Panel (Deputy Commissioner and Disposal of Complaints) Amendment Act 2010 (2010 No 5).

Section 2(1) organisation paragraph (a): amended, on 13 June 2013, by section 48 of the Education Amendment Act 2013 (2013 No 34).

Section 2(1) organisation paragraph (a): amended, on 1 July 2000, by section 38 of the Parliamentary Service Act 2000 (2000 No 17).

Section 2(1) permanent resident of New Zealand: replaced, at 2 am on 29 November 2010, by section 406(1) of the Immigration Act 2009 (2009 No 51).

Section 2(1) prohibited immigrant: repealed, on 1 November 1987, by section 151(1) of the Immigration Act 1987 (1987 No 74).

Section 2(1) State enterprise: inserted, on 10 April 1992, by section 2(1) of the Official Information Amendment Act 1992 (1992 No 24).

Section 2(1) subsidiary: repealed, on 1 April 1987, by section 2(5) of the Official Information Amendment Act 1987 (1987 No 8).

Section 2(1) working day: inserted, on 1 April 1987, by section 2(5) of the Official Information Amendment Act 1987 (1987 No 8).

Section 2(1) working day paragraph (ab): inserted, on 1 January 2014, by section 8 of the Holidays (Full Recognition of Waitangi Day and ANZAC Day) Amendment Act 2013 (2013 No 19).

Section 2(1A): replaced, on 5 December 2013, by section 14 of the Companies Amendment Act 2013 (2013 No 111).

Section 2(2): amended, on 1 January 2001, by section 111(1) of the New Zealand Public Health and Disability Act 2000 (2000 No 91).

Section 2(3): amended, on 12 December 1983, by section 2 of the Official Information Amendment Act 1983 (1983 No 83).

Section 2(4): replaced, on 1 July 1993, by section 2(3) of the Official Information Amendment Act 1993 (1993 No 36).

Section 2(4A): inserted, on 1 July 1993, by section 2(3) of the Official Information Amendment Act 1993 (1993 No 36).

Section 2(6)(ba): inserted, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).

Section 2(6)(e): amended, on 1 August 2005, by section 35(2) of the Judicial Conduct Commissioner and Judicial Conduct Panel Act 2004 (2004 No 38).

Section 2(6)(ea): inserted, on 27 August 2013, by section 39 of the Inquiries Act 2013 (2013 No 60).

Section 2(6)(f): inserted, on 1 August 2005, by section 35(2) of the Judicial Conduct Commissioner and Judicial Conduct Panel Act 2004 (2004 No 38).

Section 2(6)(f): amended, on 23 March 2010, by section 16(3) of the Judicial Conduct Commissioner and Judicial Conduct Panel (Deputy Commissioner and Disposal of Complaints) Amendment Act 2010 (2010 No 5).

Section 2(6)(g): inserted, on 1 August 2005, by section 35(2) of the Judicial Conduct Commissioner and Judicial Conduct Panel Act 2004 (2004 No 38).

3 Act to bind the Crown

This Act shall bind the Crown.

Part 1 Purposes and criteria

4 Purposes

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

(a)

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

(i)

to enable their more effective participation in the making and 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, if the making available of that information would be likely—

(a)

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

(b)

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

(i)

the Government of any other country or any agency of such a Government; or

(ii)

any international organisation; or

(c)

to prejudice the maintenance of the law, including the prevention, 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, on 1 April 1987, by section 3 of the Official Information Amendment Act 1987 (1987 No 8).

Section 6(e): inserted, on 1 April 1987, by section 3 of the Official Information Amendment Act 1987 (1987 No 8).

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

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

(a)

to prejudice the security or defence of—

(i)

the self-governing State of the Cook Islands; or

(ii)

the self-governing State of Niue; or

(iii)

Tokelau; or

(iv)

the Ross Dependency; or

(b)

to prejudice relations between any of the Governments of—

(i)

New Zealand:

(ii)

the self-governing State of the Cook Islands:

(iii)

the self-governing State of Niue; or

(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
[Repealed]

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

9 Other reasons for withholding official information

(1)

Where this section applies, good reason for withholding official information exists, for the purpose of section 5, unless, in the circumstances of the particular case, the withholding of that information is outweighed by other considerations which render it desirable, in the public interest, to make that information available.

(2)

Subject to sections 6, 7, 10, and 18, this section applies if, and only if, the withholding of the information is necessary to—

(a)

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

(b)

protect information where the making available of the information—

(i)

would disclose a trade secret; or

(ii)

would be likely unreasonably to prejudice the commercial 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 or officers and employees of any department or organisation in the course of their duty; or

(ii)

the protection of such Ministers, members of organisations, officers, and employees from improper pressure or harassment; or

(h)

maintain legal professional privilege; or

(i)

enable a Minister of the Crown or any department or organisation holding the information to carry out, without prejudice or disadvantage, commercial activities; or

(j)

enable a Minister of the Crown or any department or organisation holding the information to carry on, without prejudice or disadvantage, negotiations (including commercial and industrial negotiations); or

(k)

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

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

Section 9(2)(b): replaced, on 1 April 1987, by section 5(1) of the Official Information Amendment Act 1987 (1987 No 8).

Section 9(2)(ba): inserted, on 1 April 1987, by section 5(1) of the Official Information Amendment Act 1987 (1987 No 8).

Section 9(2)(g)(i): amended, on 1 April 1987, by section 5(2) of the Official Information Amendment Act 1987 (1987 No 8).

Section 9(2)(g)(ii): amended, on 1 April 1987, by section 5(3) of the Official Information Amendment Act 1987 (1987 No 8).

Section 9(2)(i): replaced, on 1 April 1987, by section 5(4) of the Official Information Amendment Act 1987 (1987 No 8).

Section 9(2)(j): replaced, on 1 April 1987, by section 5(4) of the Official Information Amendment Act 1987 (1987 No 8).

10 Information concerning existence of certain information

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

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

11 Exclusion of public interest immunity

(1)

Subject to subsection (2), the rule of law which authorises or requires the 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; or

(b)

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

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

(2)

Nothing in subsection (1) affects—

(a)
(b)

clause 8 of Schedule 2; or

(c)

section 20(1) of the Ombudsmen Act 1975.

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

Part 2 Requests for access to official information

12 Requests

(1)

Any person, being—

(a)

a New Zealand citizen; or

(b)

a permanent resident of New Zealand; or

(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 or Minister of the Crown or organisation to make available to him or it any specified official information.

(1AA)

A request under subsection (1)—

(a)

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

(b)

does not need to refer to this Act.

(1A)

Notwithstanding subsection (1), a request made, on or after the date of 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 subclause (1)(b) of principle 6 of the Privacy Act 1993, and shall be dealt with accordingly, and nothing in this Part or in Part 5 shall apply in relation to any such request.

(2)

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

(3)

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

(4)

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

(5)

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

Section 12(1): replaced, on 1 April 1987, by section 6 of the Official Information Amendment Act 1987 (1987 No 8).

Section 12(1AA): inserted, on 26 March 2015, by section 4(1) of the Official Information Amendment Act 2015 (2015 No 29).

Section 12(1A): inserted, on 1 July 1993, by section 3 of the Official Information Amendment Act 1993 (1993 No 36).

Section 12(4): inserted, on 26 March 2015, by section 4(2) of the Official Information Amendment Act 2015 (2015 No 29).

Section 12(5): inserted, on 26 March 2015, by section 4(2) of the Official Information Amendment Act 2015 (2015 No 29).

13 Assistance

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

(a)

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

(b)

in making a request under section 12, has not made that request in accordance with that section; or

(c)

has not made his request to the appropriate department or Minister of the Crown or organisation 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 Minister of the Crown or organisation or local authority.

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

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

14 Transfer of requests

Where—

(a)

a request in accordance with section 12 is made to a department or Minister of the Crown or organisation; and

(b)

the information, or some of the information, to which the request relates—

(i)

is not held by the department or Minister of the Crown or organisation but is believed by the person dealing with the request to be held by another department or Minister of the Crown or organisation, or by a local authority; or

(ii)

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

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

Section 14: replaced, on 1 March 1988, by section 57(1) of the Local Government Official Information and Meetings Act 1987 (1987 No 174).

Section 14: amended, on 26 March 2015, by section 5(b) of the Official Information Amendment Act 2015 (2015 No 29).

Section 14(b): amended, on 26 March 2015, by section 5(a) of the Official Information Amendment Act 2015 (2015 No 29).

15 Decisions on requests

(1)

Subject to this Act, the department or Minister of the Crown or organisation to whom a request is made in accordance with section 12 or is transferred in accordance with section 14 of this Act or section 12 of the Local Government Official Information and Meetings Act 1987 shall, as soon as reasonably practicable, and in any case not later than 20 working days after the day on which the request is received by that department or Minister of the Crown or organisation,—

(a)

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

(b)

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

(1AA)

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

(1AB)

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

(a)

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

(b)

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

(1A)

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

(2)

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

(3)

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

(4)

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

(5)

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

Section 15: replaced, on 1 April 1987, by section 8(1) of the Official Information Amendment Act 1987 (1987 No 8).

Section 15(1): amended, on 1 March 1988, by section 57(1) of the Local Government Official Information and Meetings Act 1987 (1987 No 174).

Section 15(1AA): inserted, on 26 March 2015, by section 6 of the Official Information Amendment Act 2015 (2015 No 29).

Section 15(1AB): inserted, on 26 March 2015, by section 6 of the Official Information Amendment Act 2015 (2015 No 29).

Section 15(1A): inserted, on 1 December 1989, by section 2 of the Official Information Amendment Act 1989 (1989 No 122).

Section 15(4): amended, on 1 April 1988, pursuant to section 90(d) of the State Sector Act 1988 (1988 No 20).

Section 15(4): amended, on 1 March 1988, by section 57(1) of the Local Government Official Information and Meetings Act 1987 (1987 No 174).

Section 15(5): amended, on 1 April 1988, pursuant to section 90(d) of the State Sector Act 1988 (1988 No 20).

Section 15(5): amended, on 1 March 1988, by section 57(1) of the Local Government Official Information and Meetings Act 1987 (1987 No 174).

15A Extension of time limits

(1)

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

(a)

the request is for a large quantity of official information or necessitates a search through a large quantity of information and meeting the original time limit would unreasonably interfere with the operations of the department 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), to make a complaint to an Ombudsman about the extension; and

(d)

contain such other information as is necessary.

Section 15A: inserted, on 1 April 1987, by section 9(1) of the Official Information Amendment Act 1987 (1987 No 8).

Section 15A(1): amended, on 1 April 1988, pursuant to section 90(d) of the State Sector Act 1988 (1988 No 20).

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, the department or Minister of the Crown or organisation shall make the information available in the way preferred by the person requesting it unless to do so would—

(a)

impair efficient administration; or

(b)

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

(c)

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

(3)

Where the information is not provided in the way preferred by the person requesting it, the department or Minister of the Crown or organisation shall, subject to section 10, give to that person—

(a)

the reason for not providing the information in that way; and

(b)

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

Section 16(1A): inserted, on 26 March 2015, by section 7 of the Official Information Amendment Act 2015 (2015 No 29).

Section 16(2)(c): amended, on 1 April 1987, by section 4(2) of the Official Information Amendment Act 1987 (1987 No 8).

Section 16(3)(b): amended, on 1 April 1987, by section 4(2) of the Official Information Amendment Act 1987 (1987 No 8).

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 Minister of the Crown or organisation shall, subject to section 10, give to the applicant—

(a)

the reason for withholding the information; and

(b)

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

Section 17(2)(b): amended, on 1 April 1987, by section 4(2) of the Official Information Amendment Act 1987 (1987 No 8).

18 Refusal of requests

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

(a)

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

(b)

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

(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; or

(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, cannot be found:

(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 Minister of the Crown or organisation and the person dealing with the request has no grounds for believing that the information is either—

(i)

held by another department or Minister of the Crown or organisation, or by a local authority; or

(ii)

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

(h)

that the request is frivolous or vexatious or that the information requested is trivial.

Section 18(a): amended, on 1 April 1987, by section 4(2) of the Official Information Amendment Act 1987 (1987 No 8).

Section 18(c)(ii): amended, on 1 April 1987, by section 10 of the Official Information Amendment Act 1987 (1987 No 8).

Section 18(da): inserted, on 29 June 2009, by section 38 of the Criminal Disclosure Act 2008 (2008 No 38).

Section 18(e): amended, on 26 March 2015, by section 8 of the Official Information Amendment Act 2015 (2015 No 29).

Section 18(g)(i): amended, on 1 March 1988, by section 57(1) of the Local Government Official Information and Meetings Act 1987 (1987 No 174).

Section 18(g)(ii): amended, on 1 March 1988, by section 57(1) of the Local Government Official Information and Meetings Act 1987 (1987 No 174).

18A Requests involving substantial collation or research

(1)

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

(a)

fixing a charge under section 15:

(b)

extending the time limit under section 15A.

(2)

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

(a)

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

(b)

that are received simultaneously or in short succession.

Section 18A: inserted, on 22 October 2003, by section 3 of the Official Information Amendment Act 2003 (2003 No 90).

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

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

Section 18B: inserted, on 22 October 2003, by section 3 of the Official Information Amendment Act 2003 (2003 No 90).

19 Reason for refusal to be given

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

(a)

subject to section 10, give to the applicant—

(i)

the reason for its refusal; and

(ii)

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

(b)

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

Section 19(a)(ii): amended, on 1 April 1987, by section 4(2) of the Official Information Amendment Act 1987 (1987 No 8).

Section 19(b): amended, on 1 April 1987, by section 16(2) of the Official Information Amendment Act 1987 (1987 No 8).

Part 3 Publication of, and access to, certain documents and information

20 Publication setting out functions of departments and organisations

(1)

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

(a)

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

(b)

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

(c)

a description of all manuals, and similar types of documents which 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 department or organisation, which statement shall include particulars of the officer or officers to whom requests for official information or particular classes of information should be sent.

(2)

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

(2A)

In complying with subsection (2), the Ministry of Justice may publish a new edition or supplementary material on an Internet website and in an electronic form that is publicly accessible (at all reasonable times), so long as the 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 department and each organisation shall assist the Ministry of Justice to comply with subsections (1) and (2) and shall supply to the Ministry of Justice such information as it requires for the purposes of those subsections.

(4)

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

(5)

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

Section 20: replaced, on 1 December 1989, by section 3(1) of the Official Information Amendment Act 1989 (1989 No 122).

Section 20(1): amended, on 1 October 1995, by section 10(3) of the Department of Justice (Restructuring) Act 1995 (1995 No 39).

Section 20(2): amended, on 1 October 1995, by section 10(3) of the Department of Justice (Restructuring) Act 1995 (1995 No 39).

Section 20(2A): inserted, on 22 October 2003, by section 4 of the Official Information Amendment Act 2003 (2003 No 90).

Section 20(3): amended, on 1 October 1995, by section 10(3) of the Department of Justice (Restructuring) Act 1995 (1995 No 39).

Section 20(4): amended, on 1 October 1995, by section 10(3) of the Department of Justice (Restructuring) Act 1995 (1995 No 39).

21 Right of access to certain official information

(1)

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

(2)

Every person, being—

(a)

a New Zealand citizen; or

(b)

a permanent resident of New Zealand; or

(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, on 1 April 1987, by section 12 of the Official Information Amendment Act 1987 (1987 No 8).

22 Right of access to internal rules affecting decisions

(1)

Subject to section 6(a) to (d), section 7, section 9(2)(a), (b), (ba), (i), and (j), and section 10 and to subsections (2) and (6), every person has a right to and shall, on request made under this section, be given access to any document (including a manual) which is held by a department or Minister of the Crown or organisation and which 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 his or its personal capacity.

(2)

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

(a)

a New Zealand citizen; or

(b)

a permanent resident of New Zealand; or

(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, and 19 shall apply, with all necessary modifications, to a request made under subsection (1).

(4)

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

(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.

(5)

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

(a)

the reason for withholding the information; and

(b)

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

(6)

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

(a)

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

(b)

in any other fiduciary capacity.

Section 22(1): amended, on 1 April 1987, by section 4(2) of the Official Information Amendment Act 1987 (1987 No 8).

Section 22(3): amended, on 1 April 1987, by section 9(2) of the Official Information Amendment Act 1987 (1987 No 8).

Section 22(4): amended, on 1 April 1987, by section 4(2) of the Official Information Amendment Act 1987 (1987 No 8).

Section 22(5)(b): replaced, on 1 April 1987, by section 4(2) of the Official Information Amendment Act 1987 (1987 No 8).

Section 22(6): replaced, on 1 March 2002, by section 170(1) of the Public Trust Act 2001 (2001 No 100).

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

(1)

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

(a)

the findings on material issues of fact; and

(b)

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

(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 department or Minister of the Crown or organisation with a natural person’s medical practitioner, the department or Minister of the Crown or organisation is satisfied that—

(i)

the information relates to that person; and

(ii)

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

(c)

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

(d)

the disclosure of that information (being information in respect of a 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 means evaluative or opinion material compiled solely—

(a)

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

(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, and 19 shall apply, with all necessary modifications, to a request made under subsection (1).

(4)

Nothing in this section entitles any person to obtain a written statement of 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 Trustee Act 1956; or

(b)

in any other fiduciary capacity.

(6)

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

Section 23(1): amended, on 1 April 1987, by section 4(2) of the Official Information Amendment Act 1987 (1987 No 8).

Section 23(1)(b): amended, on 1 July 1993, by section 4(1) of the Official Information Amendment Act 1993 (1993 No 36).

Section 23(2A): inserted, on 1 July 1993, by section 4(2) of the Official Information Amendment Act 1993 (1993 No 36).

Section 23(2B): inserted, on 1 July 1993, by section 4(2) of the Official Information Amendment Act 1993 (1993 No 36).

Section 23(3): amended, on 1 April 1987, by section 9(2) of the Official Information Amendment Act 1987 (1987 No 8).

Section 23(5): replaced, on 1 March 2002, by section 170(1) of the Public Trust Act 2001 (2001 No 100).

Section 23(6): inserted, on 18 September 2004, by section 175(1) of the Health Practitioners Competence Assurance Act 2003 (2003 No 48).

Part 4 Right of access to personal information

24 Right of access to personal information

(1)

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

(a)

is about that person; and

(b)

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

(2)

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

(a)

a body corporate which is incorporated in New Zealand; or

(b)

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

(3)

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

(3A)

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

(4)

Nothing in this section requires, or imposes any responsibility on, any department or Minister of the Crown or organisation to compile files or data banks of personal information.

(5)

Nothing in this section gives any person the right to be given access to any 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 Trustee Act 1956; or

(b)

in any other fiduciary capacity.

Section 24(1): amended, on 1 July 1993, by section 5(1) of the Official Information Amendment Act 1993 (1993 No 36).

Section 24(2): replaced, on 1 July 1993, by section 5(2) of the Official Information Amendment Act 1993 (1993 No 36).

Section 24(3A): inserted, on 1 April 1987, by section 13 of the Official Information Amendment Act 1987 (1987 No 8).

Section 24(5): replaced, on 1 March 2002, by section 170(1) of the Public Trust Act 2001 (2001 No 100).

24A Restriction where person sentenced to imprisonment
[Repealed]

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

25 Precautions

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

(a)

shall not give access to that information unless it or he is satisfied 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.

26 Correction of information

(1)

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

(a)

request correction of the personal information where the person believes that the information—

(i)

is inaccurate; or

(ii)

is incomplete and gives a misleading impression; and

(b)

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

(2)

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

27 Reasons for refusal of requests for personal information

(1)

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

(a)

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

(b)

the disclosure of the information would involve the unwarranted 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)
[Repealed]

(e)
[Repealed]

(f)
[Repealed]

(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 means evaluative or opinion material compiled solely—

(a)

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

(b)

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

(c)

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

Section 27(1)(a): replaced, on 1 April 1987, by section 4(2) of the Official Information Amendment Act 1987 (1987 No 8).

Section 27(1)(d): repealed, on 1 July 1993, by section 7(1) of the Official Information Amendment Act 1993 (1993 No 36).

Section 27(1)(e): repealed, on 1 July 1993, by section 7(1) of the Official Information Amendment Act 1993 (1993 No 36).

Section 27(1)(f): repealed, on 1 July 1993, by section 7(1) of the Official Information Amendment Act 1993 (1993 No 36).

Section 27(1A): inserted, on 1 April 1987, by section 15(2) of the Official Information Amendment Act 1987 (1987 No 8).

Section 27(2): replaced, on 1 July 1993, by section 7(2) of the Official Information Act 1993 (1993 No 36).

Part 5 Review of decisions

Decisions under Part 2 and section 10

28 Functions of Ombudsmen

(1)

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

(a)

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

(b)

decides, in accordance with section 16 or section 17, in what manner or, in accordance with section 15, for what charge a request made in 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 shall be a function of the Ombudsmen to investigate and review any decision by which the chief executive of a department or an officer or an employee of a department authorised by its chief executive or a Minister of the Crown or an organisation extends any time limit under section 15A.

(3)

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

(3A)

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

(4)

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

(a)

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

(b)

within an extended time limit notified under section 15A(3) to the 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 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(2): amended, on 1 April 1988, pursuant to section 90(d) of the State Sector Act 1988 (1988 No 20).

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

29 Application of Ombudsmen Act 1975

(1)

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

(2)

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

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

(1)

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

(2)

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

(a)

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

(b)

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

(c)

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

(3)

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

(4)

The extension shall be effected by giving or posting notice of the extension to the Ombudsman within 20 working days after the day on which the 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 Minister of the Crown or organisation fails, within the time limit fixed by subsection (1) (or, where that time limit has been extended under subsection (2), within that time limit as so extended) to comply with any requirement to which subsection (1) applies, the Ombudsman may report such failure to the Prime Minister, and may thereafter make such report to the House of Representatives on the matter as the Ombudsman thinks fit.

(7)

Notwithstanding anything in this section, an Ombudsman shall not, in any 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, on 1 April 1987, by section 17(1) of the Official Information Amendment Act 1987 (1987 No 8).

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

29B Consultation with Privacy Commissioner

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

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

30 Procedure after investigation

(1)

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

(a)

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

(b)

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

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

(c)

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

(d)

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

(e)

give to the complainant—

(i)

a copy of his recommendations (if any); and

(ii)

such other information as he thinks proper.

(2)

The Ombudsman shall also—

(a)

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

(b)

in the case of an organisation named in Schedule 1, send a copy of his report and recommendations to such Minister of the Crown as he considers appropriate.

(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 of the Ombudsmen Act 1975 shall apply in respect of a decision that may be investigated and reviewed under section 28(1) or section 28(2) of this Act.

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

31 Disclosure of certain information not to be recommended

Where—

(a)

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

(i)

the security or defence of New Zealand or the international relations of the Government of New Zealand; or

(ii)

any interest protected by section 7; or

(b)

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

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

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

(1)

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

(a)

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

(b)

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

(i)

the members of the organisation; and

(ii)

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

(iii)

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

(iv)

every statutory officer to whom that recommendation is applicable.

(2)

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

(3)

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

(a)

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

(b)

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

(i)

its governing body (if any); and

(ii)

its members; and

(iii)

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

(iv)

every statutory officer to whom that recommendation is 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 8 of the Judicature Amendment Act 1972; or

(b)

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

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

32A Requirements in relation to Order in Council

(1)

Every Order in Council made under section 32 shall be published in the Gazette and laid before the House of Representatives as soon as practicable after it is made.

(2)

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

(3)

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

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

32B Right of review

(1)

Where—

(a)

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

(b)

an Order in Council is made under section 32 in respect of that recommendation,—

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

(2)

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

(3)

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

(a)

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

(b)

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

(4)

Unless the High Court is satisfied that an application brought under subsection (1) has not been reasonably or properly brought, it shall, in determining the 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, on 1 April 1987, by section 18 of the Official Information Amendment Act 1987 (1987 No 8).

32C Appeals

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

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

33 Complainant to be informed of result of investigation

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

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

34 Restriction on application for review

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

(a)

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

(b)

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

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

Section 34: amended, on 1 April 1987, by section 16(5) of the Official Information Amendment Act 1987 (1987 No 8).

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, any decision made under Part 3 or Part 4,—

(a)

including any such decision made by—

(i)

a Minister of the Crown; or

(ii)

an organisation named in Schedule 1; but

(b)

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

(1A)

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

(2)

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

(3)

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

(4)

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

(5)

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

(6)

Notwithstanding anything in this section, an Ombudsman shall not, in any 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 or Part 4, any department or Minister of the Crown or organisation fails within the time limit fixed by section 15(1) (or, where that time limit has been extended under this Act, within that time limit as so extended) to comply with paragraph (a) or paragraph (b) of section 15(1), that failure shall be deemed, for the purposes of subsection (1), to be a decision made under Part 3 or Part 4.

(8)

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

Section 35(1A): inserted, on 1 April 1987, by section 17(2) of the Official Information Amendment Act 1987 (1987 No 8).

Section 35(4): amended, on 1 April 1987, by section 19(1) of the Official Information Amendment Act 1987 (1987 No 8).

Section 35(7): inserted, on 1 April 1987, by section 19(2) of the Official Information Amendment Act 1987 (1987 No 8).

Section 35(8): inserted, on 1 April 1987, by section 19(2) of the Official Information Amendment Act 1987 (1987 No 8).

Saving

36 Saving in respect of Ombudsmen Act 1975

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

Part 6 Information Authority

[Expired]

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

37 Establishment of Information Authority
[Expired]

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

38 Functions and powers of Authority
[Expired]

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

39 Functions in respect of personal information
[Expired]

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

40 Membership of Authority
[Expired]

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

41 Term of office of members of Authority
[Expired]

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

42 Regulations providing for access to information
[Expired]

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

43 Provision for disallowance of regulations providing for access to information
[Expired]

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

44 Annual report
[Expired]

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

45 Offences
[Expired]

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

Part 7 Miscellaneous provisions

46 Assistance of Ministry of Justice

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

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

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

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

47 Regulations

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

(a)
[Expired]

(b)

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

(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.

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

48 Protection against certain actions

(1)

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

(a)

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

(b)

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

(2)

The making available of, or the giving of access to, any official information in consequence of a request made under this Act shall not be taken, for the 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, on 1 April 1987, by section 21 of the Official Information Amendment Act 1987 (1987 No 8).

49 Power to amend Schedule 1 by Order in Council

(1)

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

(2)

An order made under subsection (1) is a legislative instrument and a disallowable instrument for the purposes of the Legislation Act 2012 and must be presented to the House of Representatives under section 41 of that Act.

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

50 Consequential amendments to other enactments

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

51 Repeal

The Official Secrets Act 1951 is hereby repealed.

52 Savings

(1)

Nothing in this Act authorises or permits the making available of any official information if the making available of that information would constitute 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 and 51, nothing in this Act derogates from—

(a)

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

(b)

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

(i)

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

(ii)

regulates the manner in which official information may be obtained or made available; or

(c)

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

Section 52(1): amended, on 1 April 1987, by section 22 of the Official Information Amendment Act 1987 (1987 No 8).

Section 52(2)(a): replaced, on 1 March 2002, by section 170(1) of the Public Trust Act 2001 (2001 No 100).

Section 52(3)(b): amended, on 19 December 1989, pursuant to section 11 of the Regulations (Disallowance) Act 1989 (1989 No 43).

53 Expiration of provisions relating to Information Authority

As from the close of 30 June 1988—

(a)

the following provisions of this Act, namely,—

(i)

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

(ii)

Part 6; and

(iii)

paragraph (a) of section 47; and

(iv)

shall expire; and

(b)

section 11(1)(a) shall be amended by omitting the words “or the Authority”; and

(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.

Schedule 1 Organisations (additional to those named in Part 1 or Part 2 of Schedule 1 of the Ombudsmen Act 1975) to which this Act applies

s 2(1)

Schedule 1: replaced, on 1 April 1987, by section 23(1) of the Official Information Amendment Act 1987 (1987 No 8).

Abortion Supervisory Committee

Accreditation Council

Airport companies (as defined in section 2 of the Airport Authorities Act 1966) in which more than 50% of the ordinary shares are owned by, or by any combination of, the Crown, any local authority (as defined in section 2 of that Act), or any council-controlled organisation (as defined in section 6 of the Local Government Act 2002)

Airways Corporation of New Zealand Limited

Animal Control Products Limited

Armed Forces Canteen Council

Boards of Trustees constituted under Part 9 of the Education Act 1989

Broadcasting Commission

Broadcasting Standards Authority

Commerce Commission

Conservation Boards

Deer Industry New Zealand

Education Authorities (as defined in section 2(1) of the Education Act 1964)

Electricity Corporation of New Zealand Limited

Energy Efficiency and Conservation Authority

External Reporting Board

Financial Markets Authority

Fiordland Marine Guardians

Fish and Game Councils

Fisheries Authority

Game Animal Council

Government Communications Security Bureau

Health Research Council of New Zealand

Housing New Zealand Limited

Kordia Group Limited

Landcorp Farming Limited

Law Commission

Māori Television Service and every subsidiary of the Māori Television Service (if any)

Meteorological Service of New Zealand Limited

New Zealand Council for Educational Research

New Zealand Film Commission

New Zealand Geographic Board Ngā Pou Taunaha o Aotearoa

New Zealand Government Property Corporation

New Zealand Kiwifruit Board

New Zealand Lottery Grants Board

New Zealand Meat Board

New Zealand Parole Board

New Zealand Pork Industry Board

New Zealand Post Limited

New Zealand Racing Board

New Zealand Security Intelligence Service

New Zealand Standards Approval Board

New Zealand Symphony Orchestra and any subsidiary of the New Zealand Symphony Orchestra

Parliamentary Commissioner for the Environment

Privacy Commissioner

Provincial Patriotic Councils

Public Advisory Committee on Disarmament and Arms Control

Public Trust

Queen Elizabeth the Second National Trust

Radiation Protection Advisory Council

Radio New Zealand Limited

Related companies of State enterprises (within the meaning of section 2(1A))

Remuneration Authority

Representation Commission

Reserve Bank of New Zealand

Rugby World Cup Authority

Sentencing Council

Solid Energy New Zealand Limited

Survey Board of New Zealand

Takeovers Panel

Television New Zealand Limited

Transitional Fish and Game Councils

Waitaki Catchment Water Allocation Board

Waitangi National Trust Board

Winston Churchill Memorial Trust Board

Schedule 1 Accounting Standards Review Board: repealed, on 1 July 2011, by section 12 of the Financial Reporting Amendment Act 2011 (2011 No 22).

Schedule 1 Accreditation Council: inserted, on 21 October 2015, by section 45(2) of the Standards and Accreditation Act 2015 (2015 No 91).

Schedule 1 Air New Zealand Limited: repealed, on 12 May 1989, by section 25 of the Finance Act (No 2) 1988 (1988 No 128).

Schedule 1 Airport companies (as defined in section 2 of the Airport Authorities Act 1966): repealed, on 22 October 2003, by section 6(1) of the Official Information Amendment Act 2003 (2003 No 90).

Schedule 1 Airport companies (as defined in section 2 of the Airport Authorities Act 1966) in which more than 50% of the ordinary shares are owned by, or by any combination of, the Crown, any local authority (as defined in section 2 of that Act), or any council-controlled organisation (as defined in section 6 of the Local Government Act 2002): inserted, on 22 October 2003, by section 6(1) of the Official Information Amendment Act 2003 (2003 No 90).

Schedule 1 Alcohol Advisory Council of New Zealand: repealed, on 1 July 2012, by section 26 of the New Zealand Public Health and Disability Amendment Act 2012 (2012 No 41).

Schedule 1 Alcoholic Liquor Advisory Council: repealed, on 20 August 2000, by section 25(1) of the Alcohol Advisory Council Amendment Act 2000 (2000 No 25).

Schedule 1 Animal Control Products Limited: inserted, on 1 July 1992, by section 19 of the Animal Control Products Limited Act 1991 (1991 No 36).

Schedule 1 Apple and Pear Prices Authority: repealed, on 1 April 2000, by section 27(2) of the Apple and Pear Industry Restructuring Act 1999 (1999 No 96).

Schedule 1 Area Health Boards: repealed, on 1 January 2003, by clause 3 of the Official Information (First Schedule) Order 2002 (SR 2002/384).

Schedule 1 Berryfruit Marketing Licensing Authority: repealed, on 1 January 2003, by clause 3 of the Official Information (First Schedule) Order 2002 (SR 2002/384).

Schedule 1 Boards of Trustees constituted under Part 9 of the Education Act 1989: inserted, on 1 October 1989, by section 142(2) of the Education Act 1989 (1989 No 80).

Schedule 1 Broadcasting Commission: inserted, on 1 July 1989, by section 88 of the Broadcasting Act 1989 (1989 No 25).

Schedule 1 Broadcasting Corporation of New Zealand: repealed, on 1 December 1988, by section 15 of the Broadcasting Amendment Act (No 2) 1988 (1988 No 161).

Schedule 1 Broadcasting Standards Authority: inserted, on 1 July 1989, by section 88 of the Broadcasting Act 1989 (1989 No 25).

Schedule 1 Camp Committees under the Children’s Health Camps Act 1972: repealed, on 1 April 2000, by section 7 of the Children’s Health Camps Board Dissolution Act 1999 (1999 No 141).

Schedule 1 Canterbury Provincial Buildings Board: repealed, on 14 July 1988, by section 2(6) of the Canterbury Provincial Buildings Vesting Amendment Act 1988 (1988 No 106).

Schedule 1 Clean Air Council: repealed, on 1 January 2003, by clause 3 of the Official Information (First Schedule) Order 2002 (SR 2002/384).

Schedule 1 Coal Corporation of New Zealand Limited: repealed, on 24 October 1997, by clause 3 of the State-Owned Enterprises (Solid Energy New Zealand Limited) Order 1997 (SR 1997/277).

Schedule 1 Coal Mining Industries Welfare Council: repealed, on 1 January 2003, by clause 3 of the Official Information (First Schedule) Order 2002 (SR 2002/384).

Schedule 1 Conservation Boards: inserted, on 10 April 1990, by section 37 of the Conservation Law Reform Act 1990 (1990 No 31).

Schedule 1 Consumer Council: repealed, on 1 January 1989, by section 9 of the Consumer Council Act Repeal Act 1988 (1988 No 144).

Schedule 1 Crown Forestry Management Limited: repealed, on 1 January 2003, by section 21 of the Finance Act (No 2) 1988 (1988 No 128).

Schedule 1 Dairy Products Prices Authority: repealed, on 1 January 2003, by clause 3 of the Official Information (First Schedule) Order 2002 (SR 2002/384).

Schedule 1 Deer Industry New Zealand: inserted, on 1 December 2006, by clause 3(2) of the Official Information Act (Schedule 1) Order 2006 (SR 2006/321).

Schedule 1 Development Finance Corporation of New Zealand: repealed (with effect on 1 April 1987), on 23 September 1988, by section 15(1) of the Development Finance Corporation of New Zealand Amendment Act 1988 (1988 No 141).

Schedule 1 DFC New Zealand Limited: repealed, on 18 November 1988, by section 15(4) of the Development Finance Corporation of New Zealand Amendment Act 1988 (1988 No 141).

Schedule 1 Early Childhood Development Board: repealed, on 6 April 2004, by section 7(a) of the Education (Disestablishment of Early Childhood Development Board) Amendment Act 2004 (2004 No 14).

Schedule 1 Early Childhood Development Unit Board: repealed, on 1 August 2000, by clause 4(1) of the Education (Change of Name of Education Entities) Order 2000 (SR 2000/117).

Schedule 1 Emergency Protection Authorities appointed for the purposes of the Industries Development Commission Act 1961: repealed, on 13 June 1987, by section 11 of the Temporary Safeguard Authorities Act 1987 (1987 No 88).

Schedule 1 Energy Efficiency and Conservation Authority: inserted, on 1 July 2000, by section 41 of the Energy Efficiency and Conservation Act 2000 (2000 No 14).

Schedule 1 External Reporting Board: inserted, on 1 July 2011, by section 12 of the Financial Reporting Amendment Act 2011 (2011 No 22).

Schedule 1 Fibre Testing Laboratories Limited: repealed, on 26 June 1989, by section 27(2) of the Wool Testing Authority Dissolution Act 1988 (1988 No 166).

Schedule 1 Financial Markets Authority: inserted, on 1 May 2011, by section 82 of the Financial Markets Authority Act 2011 (2011 No 5).

Schedule 1 Fiordland Marine Guardians: inserted, on 21 April 2005, by section 29 of the Fiordland (Te Moana o Atawhenua) Marine Management Act 2005 (2005 No 36).

Schedule 1 Fish and Game Councils: inserted, on 10 April 1990, by section 37 of the Conservation Law Reform Act 1990 (1990 No 31).

Schedule 1 Forestry Corporation of New Zealand Limited: repealed, on 1 October 1996, by section 6 of the Finance Act 1991 (1991 No 93).

Schedule 1 Fruit Distributors Limited: repealed, on 22 October 2003, by section 6(2) of the Official Information Amendment Act 2003 (2003 No 90).

Schedule 1 Game Animal Council: inserted, on 28 November 2013, by section 41(2) of the Game Animal Council Act 2013 (2013 No 98).

Schedule 1 Game Industry Board: repealed, on 1 December 2006, by clause 3(1) of the Official Information Act (Schedule 1) Order 2006 (SR 2006/321).

Schedule 1 GCS Limited: repealed, on 29 December 1994, by section 7(1) of the Finance Act 1994 (1994 No 73).

Schedule 1 Government Communications Security Bureau: inserted, on 2 April 2003, by section 30 of the Government Communications Security Bureau Act 2003 (2003 No 9).

Schedule 1 Government Computing Service Limited: repealed, on 8 August 1991, by section 9(1) of the Finance Act 1991 (1991 No 93).

Schedule 1 Government Property Services Limited: repealed, on 1 January 2003, by section 15 of the Finance Act (No 2) 1988 (1988 No 128).

Schedule 1 Government Supply Brokerage Corporation (NZ) Limited: repealed, on 17 March 1992, by section 12(1) of the Finance Act 1991 (1991 No 93).

Schedule 1 Hazards Control Commission: repealed, on 2 July 2001, by section 149 of the Hazardous Substances and New Organisms Act 1996 (1996 No 30).

Schedule 1 Health Research Council of New Zealand: inserted, on 1 October 1990, by section 58(1) of the Health Research Council Act 1990 (1990 No 68).

Schedule 1 Higher Salaries Commission: repealed, on 1 April 2003, by section 4(1) of the Remuneration Authority (Members of Parliament) Amendment Act 2002 (2002 No 54).

Schedule 1 Hop Marketing Committee: repealed, on 15 August 1991, by clause 2 of the Official Information Order 1991 (SR 1991/130).

Schedule 1 Hospital Boards: repealed, on 1 December 2006, by clause 3(3) of the Official Information Act (Schedule 1) Order 2006 (SR 2006/321).

Schedule 1 Housing New Zealand Limited: inserted, on 4 June 1999, by section 41 of the Housing Restructuring Act 1992 (1992 No 76).

Schedule 1 Human Rights Commission: repealed, on 1 February 1994, by section 145 of the Human Rights Act 1993 (1993 No 82).

Schedule 1 Industries Development Commission: repealed, on 13 June 1987, by section 11 of the Temporary Safeguard Authorities Act 1987 (1987 No 88).

Schedule 1 Industry New Zealand: repealed, on 1 July 2003, by section 84 of the New Zealand Trade and Enterprise Act 2003 (2003 No 27).

Schedule 1 Information Authority: repealed, on 1 January 2003, by clause 3 of the Official Information (First Schedule) Order 2002 (SR 2002/384).

Schedule 1 Kordia Group Limited: inserted, on 22 March 2007, by clause 3(2)(b) of the State-Owned Enterprises (Kordia Group Limited) Order 2007 (SR 2007/17).

Schedule 1 Land Corporation Limited: repealed, on 12 April 2001, by clause 4 of the State-Owned Enterprises (Landcorp Farming Limited) Order 2001 (SR 2001/23).

Schedule 1 Landcorp Farming Limited: inserted, on 12 April 2001, by clause 4 of the State-Owned Enterprises (Landcorp Farming Limited) Order 2001 (SR 2001/23).

Schedule 1 Legal Aid Board: repealed, on 1 February 1992, by section 159(1) of the Legal Services Act 1991 (1991 No 71).

Schedule 1 Lincoln College: repealed, on 1 January 1990, pursuant to section 49(6) of the Education Amendment Act 1989 (1989 No 156).

Schedule 1 Lincoln University: repealed, on 1 January 1991, by section 50(4) of the Education Amendment Act 1990 (1990 No 60).

Schedule 1 Liquid Fuels Trust Board: repealed, on 1 January 1988, by section 13(5) of the Finance Act 1987 (1987 No 200).

Schedule 1 Local Authorities Loans Board: repealed, on 1 January 2003, by clause 3 of the Official Information (First Schedule) Order 2002 (SR 2002/384).

Schedule 1 Māori Television Service and every subsidiary of the Māori Television Service (if any): inserted, on 8 May 2003, by section 58 of the Māori Television Service (Te Aratuku Whakaata Irirangi Māori) Act 2003 (2003 No 21).

Schedule 1 Marine Reserve Management Committees: repealed, on 1 January 2003, by clause 3 of the Official Information (First Schedule) Order 2002 (SR 2002/384).

Schedule 1 Market Development Committee appointed under section 3 of the Meat Export Control Amendment Act 1966: repealed, on 12 December 1989, by section 4(3) of the Meat Export Control Amendment Act 1989 (1989 No 132).

Schedule 1 Massey University: repealed, on 1 January 1991, by section 50(4) of the Education Amendment Act 1990 (1990 No 60).

Schedule 1 Maternal Deaths Assessment Committee: repealed, on 1 January 2003, by clause 3 of the Official Information (First Schedule) Order 2002 (SR 2002/384).

Schedule 1 Meat Export Prices Committee: repealed, on 12 December 1989, by section 12(1)(d) of the Meat Export Control Amendment Act 1989 (1989 No 132).

Schedule 1 Medical Research Council of New Zealand: repealed, on 1 October 1990, by section 58(2) of the Health Research Council Act 1990 (1990 No 68).

Schedule 1 Mental Health Commission: repealed, on 1 July 2012, by section 7(2) of the Mental Health Commission Amendment Act 2012 (2012 No 42).

Schedule 1 Meteorological Service of New Zealand Limited: inserted, on 30 June 1992, by clause 4 of the State-Owned Enterprises Order 1992 (SR 1992/181).

Schedule 1 National Council of Adult Education: repealed, on 1 January 2003, by clause 3 of the Official Information (First Schedule) Order 2002 (SR 2002/384).

Schedule 1 National Housing Commission: repealed, on 1 April 1988, by section 14(1)(d) of the Finance Act 1987 (1987 No 200).

Schedule 1 National Library of New Zealand: repealed, on 1 February 2011, by section 18 of the National Library of New Zealand (Te Puna Mātauranga o Aotearoa) Amendment Act 2010 (2010 No 132).

Schedule 1 National Parks and Reserves Boards: repealed, on 10 April 1990, by section 37 of the Conservation Law Reform Act 1990 (1990 No 31).

Schedule 1 National Provident Management Company Limited: repealed, on 17 April 1992, by section 19 of the Finance Act 1991 (1991 No 93).

Schedule 1 National Research Advisory Council: repealed, on 1 January 2003, by clause 3 of the Official Information (First Schedule) Order 2002 (SR 2002/384).

Schedule 1 Natural Gas Corporation of New Zealand Limited: repealed, on 1 July 1987, by section 11(1) of the State-Owned Enterprises Amendment Act 1987 (1987 No 117).

Schedule 1 Nature Conservation Council: repealed, on 10 April 1990, by section 37 of the Conservation Law Reform Act 1990 (1990 No 31).

Schedule 1 New Zealand Apple and Pear Board: repealed, on 30 September 2001, by section 10(2)(a) of the Apple and Pear Industry Restructuring Act Repeal Act 2001 (2001 No 50).

Schedule 1 New Zealand Apple and Pear Marketing Board: repealed, on 1 April 2000, by section 27(2) of the Apple and Pear Industry Restructuring Act 1999 (1999 No 96).

Schedule 1 New Zealand Council for Postgraduate Medical Education: repealed, on 19 March 1990, by section 4(e) of the New Zealand Council for Postgraduate Medical Education Act Repeal Act 1990 (1990 No 10).

Schedule 1 New Zealand Dairy Board: repealed, on 16 October 2001, by section 165(4) of the Dairy Industry Restructuring Act 2001 (2001 No 51).

Schedule 1 New Zealand Export-Import Corporation: repealed, on 10 April 1992, by section 7 of the New Zealand Export-Import Corporation Dissolution Act 1992 (1992 No 23).

Schedule 1 New Zealand Fishing Industry Board: repealed, on 1 October 2002, by section 5(3) of the Fishing Industry Board Repeal Act 2001 (2001 No 34).

Schedule 1 New Zealand Forestry Corporation Limited: repealed, on 31 May 1996, by clause 3 of the State-Owned Enterprises (Crown Forestry Management Limited) Order 1996 (SR 1996/122).

Schedule 1 New Zealand Geographic Board: repealed, on 1 November 2008, by section 38 of the New Zealand Geographic Board (Ngā Pou Taunaha o Aotearoa) Act 2008 (2008 No 30).

Schedule 1 New Zealand Geographic Board Ngā Pou Taunaha o Aotearoa: inserted, on 1 November 2008, by section 38 of the New Zealand Geographic Board (Ngā Pou Taunaha o Aotearoa) Act 2008 (2008 No 30).

Schedule 1 New Zealand Hop Marketing Board: repealed, on 1 August 2003, by section 12(1) of the Hop Industry Restructuring Act 2003 (2003 No 16).

Schedule 1 New Zealand Industrial Design Council: repealed, on 10 December 1988, by section 11 of the Testing Laboratory Registration Amendment Act 1988 (1988 No 167).

Schedule 1 New Zealand Kiwifruit Authority: repealed, on 1 April 2000, by section 28(2) of the Kiwifruit Industry Restructuring Act 1999 (1999 No 95).

Schedule 1 New Zealand Kiwifruit Board: inserted, on 9 September 1999, by section 28(1) of the Kiwifruit Industry Restructuring Act 1999 (1999 No 95).

Schedule 1 New Zealand Liquid Fuels Investment Limited: repealed, on 20 July 1990, by section 4(1) of the State-Owned Enterprises Amendment Act (No 2) 1990 (1990 No 49).

Schedule 1 New Zealand Lottery Board: repealed, on 20 November 1989, by section 6(4) of the Gaming and Lotteries Amendment Act 1989 (1989 No 118).

Schedule 1 New Zealand Lottery Grants Board: inserted, on 20 November 1989, by section 6(4) of the Gaming and Lotteries Amendment Act 1989 (1989 No 118).

Schedule 1 New Zealand Market Development Board: repealed, on 1 December 1988, by section 12(2) of the New Zealand Trade Development Board Act 1988 (1988 No 160).

Schedule 1 New Zealand Meat Board: inserted, on 17 December 1997, by section 82(1) of the Meat Board Act 1997 (1997 No 105).

Schedule 1 New Zealand Meat Producers Board: repealed, on 17 December 1997, by section 82(1) of the Meat Board Act 1997 (1997 No 105).

Schedule 1 New Zealand Milk Authority: repealed, on 16 October 2001, by section 165(4) of the Dairy Industry Restructuring Act 2001 (2001 No 51).

Schedule 1 New Zealand Milk Board: repealed, on 1 April 1988, by section 27(2) of the Milk Act 1988 (1988 No 13).

Schedule 1 New Zealand Parole Board: inserted, on 30 June 2002, by section 125 of the Parole Act 2002 (2002 No 10).

Schedule 1 New Zealand Planning Council: repealed, on 1 December 1991, by section 8 of the New Zealand Planning Council Dissolution Act 1991 (1991 No 97).

Schedule 1 New Zealand Ports Authority: repealed, on 1 May 1988, by section 41(2) of the Port Companies Act 1988 (1988 No 91).

Schedule 1 New Zealand Potato Board: repealed, on 1 January 2003, by clause 3 of the Official Information (First Schedule) Order 2002 (SR 2002/384).

Schedule 1 New Zealand Poultry Board: repealed, on 1 April 1989, by section 4(4) of the Poultry Board Act Repeal Act 1989 (1989 No 4).

Schedule 1 New Zealand Racing Authority: repealed, on 1 August 1992, by section 41 of the Racing Amendment Act 1992 (1992 No 41).

Schedule 1 New Zealand Racing Board: inserted, on 1 August 2003, by section 69(1) of the Racing Act 2003 (2003 No 3).

Schedule 1 New Zealand Racing Industry Board: repealed, on 1 August 2003, by section 69(1) of the Racing Act 2003 (2003 No 3).

Schedule 1 New Zealand Standards Approval Board: inserted, on 1 March 2016, by section 45(1) of the Standards and Accreditation Act 2015 (2015 No 91).

Schedule 1 New Zealand Symphony Orchestra and any subsidiary of the New Zealand Symphony Orchestra: inserted, on 6 April 2004, by section 36 of the New Zealand Symphony Orchestra Act 2004 (2004 No 20).

Schedule 1 New Zealand Symphony Orchestra Limited: repealed, on 6 April 2004, by section 36 of the New Zealand Symphony Orchestra Act 2004 (2004 No 20).

Schedule 1 New Zealand Trade Development Board: repealed, on 1 July 2003, by section 84 of the New Zealand Trade and Enterprise Act 2003 (2003 No 27).

Schedule 1 New Zealand Walkway Commission: repealed, on 1 January 2003, by clause 3 of the Official Information (First Schedule) Order 2002 (SR 2002/384).

Schedule 1 New Zealand Wheat Board: repealed, on 1 May 1987, by section 14(2) of the Wheat Board Amendment Act 1986 (1986 No 25).

Schedule 1 New Zealand Wool Board: repealed, on 15 September 2003, by section 62(1) of the Wool Industry Restructuring Act 2003 (2003 No 40).

Schedule 1 New Zealand Wool Testing Authority: repealed, on 1 January 1989, by section 25(1) of the Wool Testing Authority Dissolution Act 1988 (1988 No 166).

Schedule 1 Noxious Plants Council: repealed, on 1 January 2003, by clause 3 of the Official Information (First Schedule) Order 2002 (SR 2002/384).

Schedule 1 Offshore Mining Company Limited: repealed, on 1 July 1987, by section 11(1) of the State-Owned Enterprises Amendment Act 1987 (1987 No 117).

Schedule 1 Overseas Investment Commission: repealed, on 25 August 2005, by section 75 of the Overseas Investment Act 2005 (2005 No 82).

Schedule 1 Petrochemical Corporation of New Zealand Limited: repealed, on 1 July 1987, by section 11(1) of the State-Owned Enterprises Amendment Act 1987 (1987 No 117).

Schedule 1 Petroleum Corporation of New Zealand (Exploration) Limited: repealed, on 1 July 1987, by section 11(1) of the State-Owned Enterprises Amendment Act 1987 (1987 No 117).

Schedule 1 Petroleum Corporation of New Zealand Limited: repealed, on 1 July 1987, by section 11(1) of the State-Owned Enterprises Amendment Act 1987 (1987 No 117).

Schedule 1 Phosphate Commission of New Zealand: repealed, on 12 December 1989, by section 2(4) of the Phosphate Commission of New Zealand Dissolution Act 1989 (1989 No 131).

Schedule 1 Post Office Bank Limited: repealed, on 17 March 1989, by section 3 of the Post Office Bank Amendment Act 1988 (1988 No 173).

Schedule 1 Power Company Limited: repealed, on 20 March 1998, by section 34 of the Southland Electricity Act 1993 (1993 No 147).

Schedule 1 Privacy Commissioner: amended, on 1 July 1993, by section 9(1) of the Official Information Amendment Act 1993 (1993 No 36).

Schedule 1 Privacy Commissioner established under the Privacy Commissioner Act 1991: inserted, on 19 December 1991, by section 37 of the Privacy Commissioner Act 1991 (1991 No 126).

Schedule 1 Public Advisory Committee on Disarmament and Arms Control: inserted, on 8 June 1987, by section 27 of the New Zealand Nuclear Free Zone, Disarmament, and Arms Control Act 1987 (1987 No 86).

Schedule 1 Public Trust: inserted, on 1 March 2002, by section 170(1) of the Public Trust Act 2001 (2001 No 100).

Schedule 1 Public Trust Office Investment Board: repealed, on 1 March 2002, by section 170(1) of the Public Trust Act 2001 (2001 No 100).

Schedule 1 The Radio Company Limited: repealed, on 5 July 1996, by section 2 of the Radio New Zealand Act (No 2) 1995 (1995 No 53).

Schedule 1 Radio New Zealand Limited: replaced, on 1 December 1995, by section 20 of the Radio New Zealand Act 1995 (1995 No 52).

Schedule 1 Raspberry Marketing Council: repealed, on 1 January 2003, by clause 3 of the Official Information (First Schedule) Order 2002 (SR 2002/384).

Schedule 1 Raspberry Marketing Export Authority: repealed, on 1 January 2003, by clause 3 of the Official Information (First Schedule) Order 2002 (SR 2002/384).

Schedule 1 Regional Co-ordinating Committees established under section 22 of the Noxious Plants Act 1978: repealed, on 1 January 2003, by clause 3 of the Official Information (First Schedule) Order 2002 (SR 2002/384).

Schedule 1 Related companies of State enterprises (within the meaning of section 2(1A)): inserted, on 10 April 1992, by section 3 of the Official Information Amendment Act 1992 (1992 No 24).

Schedule 1 Remuneration Authority: inserted, on 1 April 2003, by section 4(1) of the Remuneration Authority (Members of Parliament) Amendment Act 2002 (2002 No 54).

Schedule 1 Rugby World Cup Authority: inserted, on 23 November 2010, by section 97 of the Rugby World Cup 2011 (Empowering) Act 2010 (2010 No 123).

Schedule 1 Rural Electrical Reticulation Council: repealed, on 1 April 1997, by section 56(1) of the Electricity Act 1992 (1992 No 122).

Schedule 1 Securities Commission: repealed, on 1 May 2011, by section 82 of the Financial Markets Authority Act 2011 (2011 No 5).

Schedule 1 Sentencing Council: inserted, on 1 November 2007, by section 12 of the Sentencing Council Act 2007 (2007 No 25).

Schedule 1 The separate independent body appointed by the Board under the Apple and Pear Industry Restructuring Act 1999 to permit other persons to export apples and pears: repealed, on 30 September 2001, by section 10(2)(b) of the Apple and Pear Industry Restructuring Act Repeal Act 2001 (2001 No 50).

Schedule 1 Shipping Corporation of New Zealand Limited: repealed, on 13 April 1989, by section 5 of the Shipping Corporation of New Zealand Act Repeal Act 1988 (1988 No 154).

Schedule 1 Solid Energy New Zealand Limited: inserted, on 24 October 1997, by clause 3 of the State-Owned Enterprises (Solid Energy New Zealand Limited) Order 1997 (SR 1997/277).

Schedule 1 Special Education Service Board: repealed, on 1 August 2000, by clause 4(1) of the Education (Change of Name of Education Entities) Order 2000 (SR 2000/117).

Schedule 1 Specialist Education Services Board: repealed, on 28 February 2002, by section 94(a) of the Education Standards Act 2001 (2001 No 88).

Schedule 1 State Forest Parks Advisory Committees: repealed, on 1 January 2003, by clause 3 of the Official Information (First Schedule) Order 2002 (SR 2002/384).

Schedule 1 Takeovers Panel: inserted, on 1 July 1994, by section 49 of the Takeovers Act 1993 (1993 No 107).

Schedule 1 Teacher Registration Board: repealed, on 1 February 2002, by section 83 of the Education Standards Act 2001 (2001 No 88).

Schedule 1 Telecom Corporation of New Zealand Limited: repealed, on 12 September 1990, by section 5 of the Finance Act 1990 (1990 No 20).

Schedule 1 Television New Zealand Limited: inserted, on 29 November 1988, by section 9 of the State-Owned Enterprises Amendment Act (No 4) 1988 (1988 No 162).

Schedule 1 Temporary Safeguard Authorities appointed under the Temporary Safeguard Authorities Act 1987: repealed, on 12 November 2014, by section 30 of the Trade (Safeguard Measures) Act 2014 (2014 No 66).

Schedule 1 Testing Laboratory Registration Council: repealed, on 21 October 2015, by section 45(2) of the Standards and Accreditation Act 2015 (2015 No 91).

Schedule 1 Timberlands West Coast Limited: repealed, on 1 December 2015, by section 25 of the Finance Act 1991 (1991 No 93).

Schedule 1 Totalisator Agency Board: repealed, on 1 August 2003, by section 69(1) of the Racing Act 2003 (2003 No 3).

Schedule 1 Tourist Hotel Corporation of New Zealand: repealed, on 23 March 1990, by section 16 of the Tourist Hotel Corporation of New Zealand Act 1989 (1989 No 130).

Schedule 1 Tourist Hotel Corporation of New Zealand Limited: repealed, on 15 June 1990, by section 17(1) of the Tourist Hotel Corporation of New Zealand Act 1989 (1989 No 130).

Schedule 1 Transitional Fish and Game Councils: inserted, on 10 April 1990, by section 37 of the Conservation Law Reform Act 1990 (1990 No 31).

Schedule 1 Transmission Holdings Limited: repealed, on 22 March 2007, by clause 3(2)(a) of the State-Owned Enterprises (Kordia Group Limited) Order 2007 (SR 2007/17).

Schedule 1 Universities Entrance Board: repealed, on 23 July 1990, by section 50(1) of the Education Amendment Act 1990 (1990 No 60).

Schedule 1 University Grants Committee: repealed, on 23 July 1990, by section 50(1) of the Education Amendment Act 1990 (1990 No 60).

Schedule 1 University of Auckland: repealed, on 1 January 1991, by section 50(4) of the Education Amendment Act 1990 (1990 No 60).

Schedule 1 University of Canterbury: repealed, on 1 January 1991, by section 50(4) of the Education Amendment Act 1990 (1990 No 60).

Schedule 1 University of Otago: repealed, on 1 January 1991, by section 50(4) of the Education Amendment Act 1990 (1990 No 60).

Schedule 1 University of Waikato: repealed, on 1 January 1991, by section 50(4) of the Education Amendment Act 1990 (1990 No 60).

Schedule 1 Veterinary Services Council: repealed, on 1 January 1995, by section 75(5) of the Veterinarians Act 1994 (1994 No 107).

Schedule 1 Victims Task Force: expired, on 1 April 1993, by section 16 of the Victims of Offences Act 1987 (1987 No 173).

Schedule 1 Victoria University of Wellington: repealed, on 1 January 1991, by section 50(4) of the Education Amendment Act 1990 (1990 No 60).

Schedule 1 Waikato Carbonisation Limited: repealed, on 1 January 2003, by clause 3 of the Official Information (First Schedule) Order 2002 (SR 2002/384).

Schedule 1 Waitaki Catchment Water Allocation Board: inserted, on 17 September 2004, by section 12 of the Resource Management (Waitaki Catchment) Amendment Act 2004 (2004 No 77).

Schedule 1 War Pensions Advisory Board: repealed, on 7 December 2014, by section 278 of the Veterans’ Support Act 2014 (2014 No 56).

Schedule 1 War Pensions Boards: repealed, on 1 April 1989, by section 10(4) of the War Pensions Amendment Act 1988 (1988 No 148).

Schedule 1 War Pensions Medical Research Trust Board: repealed, on 1 April 1989, by section 10(4) of the War Pensions Amendment Act 1988 (1988 No 148).

Schedule 1 Waterfront Industry Commission: repealed, on 1 October 1989, by section 37 of the Waterfront Industry Reform Act 1989 (1989 No 6).

Schedule 1 Waterfront Industry Restructuring Authority: repealed, on 1 October 1992, by section 51(e) of the Waterfront Industry Restructuring Act 1989 (1989 No 66).

Schedule 1 Works and Development Services Corporation (NZ) Limited: repealed, on 1 January 2003, by clause 3 of the Official Information (First Schedule) Order 2002 (SR 2002/384).

Schedule 2 Provisions relating to Information Authority

[Expired]

s 38(5)

Schedule 2: expired, on 1 July 1988, by section 53(a)(iv).

Schedule 3 Enactments amended

s 50

Higher Salaries Commission Act 1977 (1977 No 110)

Amendment(s) incorporated in the Act(s).

Human Rights Commission Act 1977 (1977 No 49)

Amendment(s) incorporated in the Act(s).

Liquid Fuels Trust Act 1978 (1978 No 53)

Amendment(s) incorporated in the Act(s).

New Zealand Security Intelligence Service Act 1969 (1969 No 24)

Amendment(s) incorporated in the Act(s).

Race Relations Act 1971 (1971 No 150)

Amendment(s) incorporated in the Act(s).

Securities Act 1978 (1978 No 103)

Amendment(s) incorporated in the Act(s).

Wanganui Computer Centre Act 1976 (1976 No 19)

Amendment(s) incorporated in the Act(s).

Reprints notes
1 General

This is a reprint of the Official Information Act 1982 that incorporates all the amendments to that Act as at the date of the last amendment to it.

2 Legal status

Reprints are presumed to correctly state, as at the date of the reprint, the law enacted by the principal enactment and by any amendments to that enactment. Section 18 of the Legislation Act 2012 provides that this reprint, published in electronic form, has the status of an official version under section 17 of that Act. A printed version of the reprint produced directly from this official electronic version also has official status.

3 Editorial and format changes

Editorial and format changes to reprints are made using the powers under sections 24 to 26 of the Legislation Act 2012. See also http://www.pco.parliament.govt.nz/editorial-conventions/.

4 Amendments incorporated in this reprint

Standards and Accreditation Act 2015 (2015 No 91): section 45

Official Information Amendment Act 2015 (2015 No 29)

Trade (Safeguard Measures) Act 2014 (2014 No 66): section 30

Veterans’ Support Act 2014 (2014 No 56): section 278

Victims’ Rights Amendment Act 2014 (2014 No 35): section 31

Companies Amendment Act 2013 (2013 No 111): section 14

Game Animal Council Act 2013 (2013 No 98): section 41(2)

Inquiries Act 2013 (2013 No 60): section 39

Education Amendment Act 2013 (2013 No 34): section 48

Holidays (Full Recognition of Waitangi Day and ANZAC Day) Amendment Act 2013 (2013 No 19): section 8

Legislation Act 2012 (2012 No 119): section 77(3)

Mental Health Commission Amendment Act 2012 (2012 No 42): section 7(2)

New Zealand Public Health and Disability Amendment Act 2012 (2012 No 41): section 26

Financial Reporting Amendment Act 2011 (2011 No 22): section 12

Financial Markets Authority Act 2011 (2011 No 5): section 82

National Library of New Zealand (Te Puna Mātauranga o Aotearoa) Amendment Act 2010 (2010 No 132): section 18

Rugby World Cup 2011 (Empowering) Act 2010 (2010 No 123): section 97

Judicial Conduct Commissioner and Judicial Conduct Panel (Deputy Commissioner and Disposal of Complaints) Amendment Act 2010 (2010 No 5): section 16

Immigration Act 2009 (2009 No 51): section 406(1)

Māori Trustee Amendment Act 2009 (2009 No 12): section 30(1)

Criminal Disclosure Act 2008 (2008 No 38): section 38

New Zealand Geographic Board (Ngā Pou Taunaha o Aotearoa) Act 2008 (2008 No 30): section 38

Sentencing Council Act 2007 (2007 No 25): section 12

State-Owned Enterprises (Kordia Group Limited) Order 2007 (SR 2007/17): clause 3(2)

Official Information Act (Schedule 1) Order 2006 (SR 2006/321)

Overseas Investment Act 2005 (2005 No 82): section 75

Fiordland (Te Moana o Atawhenua) Marine Management Act 2005 (2005 No 36): section 29

Crown Entities Act 2004 (2004 No 115): section 200

Resource Management (Waitaki Catchment) Amendment Act 2004 (2004 No 77): section 12

Judicial Conduct Commissioner and Judicial Conduct Panel Act 2004 (2004 No 38): section 35

New Zealand Symphony Orchestra Act 2004 (2004 No 20): section 36

Education (Disestablishment of Early Childhood Development Board) Amendment Act 2004 (2004 No 14): section 7(a)

Official Information Amendment Act 2003 (2003 No 90)

Health Practitioners Competence Assurance Act 2003 (2003 No 48): section 175(1)

State Sector Amendment Act 2003 (2003 No 41): section 14(1)

Wool Industry Restructuring Act 2003 (2003 No 40): section 62(1)

New Zealand Trade and Enterprise Act 2003 (2003 No 27): section 84

Māori Television Service (Te Aratuku Whakaata Irirangi Māori) Act 2003 (2003 No 21): section 58

National Library of New Zealand (Te Puna Mātauranga o Aotearoa) Act 2003 (2003 No 19): section 47

Hop Industry Restructuring Act 2003 (2003 No 16): section 12(1)

Government Communications Security Bureau Act 2003 (2003 No 9): section 30

Racing Act 2003 (2003 No 3): section 69(1)

Remuneration Authority (Members of Parliament) Amendment Act 2002 (2002 No 54): section 4(1)

Victims’ Rights Act 2002 (2002 No 39): section 53

Parole Act 2002 (2002 No 10): section 125

Official Information (First Schedule) Order 2002 (SR 2002/384)

Public Trust Act 2001 (2001 No 100): section 170(1)

Education Standards Act 2001 (2001 No 88): sections 83, 94(a)

Dairy Industry Restructuring Act 2001 (2001 No 51): section 165(4)

Apple and Pear Industry Restructuring Act Repeal Act 2001 (2001 No 50): section 10(2)

Fishing Industry Board Repeal Act 2001 (2001 No 34): section 5(3)

State-Owned Enterprises (Landcorp Farming Limited) Order 2001 (SR 2001/23): clause 4

New Zealand Public Health and Disability Act 2000 (2000 No 91): section 111(1)

Alcohol Advisory Council Amendment Act 2000 (2000 No 25): section 25(1)

Parliamentary Service Act 2000 (2000 No 17): section 38

Energy Efficiency and Conservation Act 2000 (2000 No 14): section 41

Education (Change of Name of Education Entities) Order 2000 (SR 2000/117): clause 4(1)

Children’s Health Camps Board Dissolution Act 1999 (1999 No 141): section 7

Apple and Pear Industry Restructuring Act 1999 (1999 No 96): section 27(2)

Kiwifruit Industry Restructuring Act 1999 (1999 No 95): section 28

Meat Board Act 1997 (1997 No 105): section 82(1)

State-Owned Enterprises (Solid Energy New Zealand Limited) Order 1997 (SR 1997/277): clause 3

Hazardous Substances and New Organisms Act 1996 (1996 No 30): section 149

State-Owned Enterprises (Crown Forestry Management Limited) Order 1996 (SR 1996/122): clause 3

Radio New Zealand Act (No 2) 1995 (1995 No 53): section 2

Radio New Zealand Act 1995 (1995 No 52): section 20

Department of Justice (Restructuring) Act 1995 (1995 No 39): section 10(3)

Veterinarians Act 1994 (1994 No 107): section 75(5)

Finance Act 1994 (1994 No 73): section 7(1)

Southland Electricity Act 1993 (1993 No 147): section 34

Takeovers Act 1993 (1993 No 107): section 49

Human Rights Act 1993 (1993 No 82): section 145

Official Information Amendment Act 1993 (1993 No 36)

Electricity Act 1992 (1992 No 122): section 56(1)

Housing Restructuring Act 1992 (1992 No 76): section 41

Racing Amendment Act 1992 (1992 No 41): section 41

Official Information Amendment Act 1992 (1992 No 24)

New Zealand Export-Import Corporation Dissolution Act 1992 (1992 No 23): section 7

State-Owned Enterprises Order 1992 (SR 1992/181): clause 4

Privacy Commissioner Act 1991 (1991 No 126): section 37

New Zealand Planning Council Dissolution Act 1991 (1991 No 97): section 8

Finance Act 1991 (1991 No 93): sections 6, 9(1), 12(1), 19, 25

Legal Services Act 1991 (1991 No 71): section 159(1)

Animal Control Products Limited Act 1991 (1991 No 36): section 19

Official Information Order 1991 (SR 1991/130)

Health Research Council Act 1990 (1990 No 68): section 58

Education Amendment Act 1990 (1990 No 60): section 50(1), (4)

State-Owned Enterprises Amendment Act (No 2) 1990 (1990 No 49): section 4(1)

Conservation Law Reform Act 1990 (1990 No 31): section 37

Finance Act 1990 (1990 No 20): section 5

New Zealand Council for Postgraduate Medical Education Act Repeal Act 1990 (1990 No 10): section 4(e)

Education Amendment Act 1989 (1989 No 156): section 49(6)

Regulations (Disallowance) Act 1989 (1989 No 143): section 11

Meat Export Control Amendment Act 1989 (1989 No 132): sections 4(3), 12(1)(d)

Phosphate Commission of New Zealand Dissolution Act 1989 (1989 No 131): section 2(4)

Tourist Hotel Corporation of New Zealand Act 1989 (1989 No 130): sections 16, 17(1)

Official Information Amendment Act 1989 (1989 No 122)

Gaming and Lotteries Amendment Act 1989 (1989 No 118): section 6(4)

Education Act 1989 (1989 No 80): section 142(2)

Waterfront Industry Restructuring Act 1989 (1989 No 66): section 51(e)

Broadcasting Act 1989 (1989 No 25): section 88

Waterfront Industry Reform Act 1989 (1989 No 6): section 37

Poultry Board Act Repeal Act 1989 (1989 No 4): section 4(4)

Post Office Bank Amendment Act 1988 (1988 No 173): section 3

Testing Laboratory Registration Amendment Act 1988 (1988 No 167): section 11

Wool Testing Authority Dissolution Act 1988 (1988 No 166): sections 25(1), 27(2)

State-Owned Enterprises Amendment Act (No 4) 1988 (1988 No 162): section 9

Broadcasting Amendment Act (No 2) 1988 (1988 No 161): section 15

New Zealand Trade Development Board Act 1988 (1988 No 160): section 12(2)

Shipping Corporation of New Zealand Act Repeal Act 1988 (1988 No 154): section 5

War Pensions Amendment Act 1988 (1988 No 148): section 10(4)

Consumer Council Act Repeal Act 1988 (1988 No 144): section 9

Development Finance Corporation of New Zealand Amendment Act 1988 (1988 No 141): section 15(1), (4)

Finance Act (No 2) 1988 (1988 No 128): sections 15, 21, 25

Canterbury Provincial Buildings Vesting Amendment Act 1988 (1988 No 106): section 2(6)

Port Companies Act 1988 (1988 No 91): section 41(2)

State Sector Act 1988 (1988 No 20): section 90(d)

Milk Act 1988 (1988 No 13): section 27(2)

Finance Act 1987 (1987 No 200): sections 13(5), 14(1)(d)

Local Government Official Information and Meetings Act 1987 (1987 No 174): section 57(1)

Victims of Offences Act 1987 (1987 No 173): section 16

State-Owned Enterprises Amendment Act 1987 (1987 No 117): section 11(1)

Temporary Safeguard Authorities Act 1987 (1987 No 88): section 11

New Zealand Nuclear Free Zone, Disarmament, and Arms Control Act 1987 (1987 No 86): section 27

Immigration Act 1987 (1987 No 74): section 151(1)

Official Information Amendment Act 1987 (1987 No 8)

Wheat Board Amendment Act 1986 (1986 No 25): section 14(2)

Parliamentary Service Act 1985 (1985 No 128): section 71(1)

Official Information Amendment Act 1983 (1983 No 83)

Official Information Act 1982 (1982 No 156): section 53(a), (b)