New Zealand Legislation: Acts

21 Right of access to internal rules affecting decisions

• (1) Subject to sections 6, 7(2)(a), (b), (c), (h), and (i), 8, and 44 of this Act, 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 local authority 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 that person's or that body of persons' personal capacity.

  (2) Sections 10(2) and (3), 11 to 14, and 18 of this Act shall apply, with all necessary modifications, to a request made under subsection (1) of this section.

  (3) Where by virtue of any of the provisions of section 6 and section 7(2)(a), (b), (c), (h), and (i) of this Act, there is good reason for withholding some of the information contained in a document to which subsection (1) of this section relates, the local authority 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.

  (4) Where a document is made available under subsection (3) of this section, the local authority shall, subject to section 8 of this Act, 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(2)(a) or (b) or (c) or (h) or (i) of this Act and (in the case of the interests protected by section 7(2)(a) or (b) or (c) or (h) or (i) of this Act) there is no countervailing public interest.

  Compare: 1982 No 156 s 22; 1987 No 8 ss 4(2), 9(2)