New Zealand Legislation: Acts
Acts are laws made by Parliament
(1) Subject to this Act, the local authority to which a request is made in accordance with section 10 of this Act, or is transferred in accordance with section 12 of this Act or section 14 of the Official Information Act 1982, shall, as soon as reasonably practicable, and in no case later than 20 working days after the day on which the request is received by that local authority,—
(a) Decide whether the request is to be granted and, if it is to be granted, in what manner and for what charge (if any); and
(b) Give or post to the person who made the request notice of the decision on the request.
(1A) Subject to section 23 of this Act, every local authority (including a local authority 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 for the supply of official information under this Act shall not exceed the prescribed amount.
(3) Where no such amount is prescribed, any charge fixed shall be reasonable, and regard may be had to the cost of the labour and materials involved in making the information available and to any costs incurred pursuant to a request of the applicant to make the information available urgently.
(4) The local authority may require that the whole or part of any charge be paid in advance.
(5) Where a request in accordance with section 10 of this Act is made or transferred to a local authority, the decision on that request shall be made by the chief executive of that local authority or an officer or employee of that local authority authorised by that chief executive unless that request is transferred in accordance with section 12 of this Act to another local authority or to a Department, Minister of the Crown, or organisation.
(6) Nothing in subsection (5) of this section prevents the chief executive of a local authority or any officer or employee of a local authority from consulting a local authority 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 local authority in accordance with section 10 of this Act or transferred to the local authority in accordance with section 12 of this Act or section 14 of the Official Information Act 1982.
Compare: 1982 No 156 s 15; 1987 No 8 s 8(1)
Subsection (1A) was inserted, as from 1 December 1989, by section 2 Local Government Official Information and Meetings Amendment Act (No 2) 1989 (1989 No 123).
Subsection (5) was amended, as from 1 July 2003, by section 262 Local Government Act 2002 (2002 No 84), by substituting the words “chief executive”
for the words “principal administrative officer”
in both places where they occur. See sections 273 to 314 of that Act as to the savings and transitional provisions.
Subsection (6) was amended, as from 1 July 2003, by section 262 Local Government Act 2002 (2002 No 84), by substituting the words “chief executive”
for the words “principal administrative officer”
in both places where they occur. See sections 273 to 314 of that Act as to the savings and transitional provisions.