Local Government Official Information and Meetings Act 1987

17 Refusal of requests

A request made in accordance with section 10 may be refused only for 1 or more of the following reasons, namely:

(a)

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

(b)

that, by virtue of section 8, the local authority 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 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 local authority and the person dealing with the request has no grounds for believing that the information is either—

(i)

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

(ii)

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

(h)

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

Compare: 1982 No 156 s 18; 1987 No 8 ss 4(2), 10

Section 17(da): inserted, on 29 June 2009, by section 37 of the Criminal Disclosure Act 2008 (2008 No 38).

Section 17(e): amended, on 26 March 2015, by section 10 of the Local Government Official Information and Meetings Amendment Act 2015 (2015 No 23).