New Zealand Legislation: Acts

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 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).