Local Government Official Information and Meetings Act 1987 No 174 (as at 01 October 2009), Public Act

26 Reasons for refusal of requests for personal information
  • (1) A local authority may refuse to disclose any personal information requested under section 23(1) of this Act, if, and only if,—

    • (a) The disclosure of the information would be likely to prejudice any of the interests protected by section 6 or section 7(2)(b) of this Act and (in the case of the interests protected by section 7(2)(b) of this Act) 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    • (d) [Repealed]

    • (e) [Repealed]

    • (f) [Repealed]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.

    (2) No reasons other than one or more of the reasons set out in subsection (1) of this section justifies a refusal to disclose any personal information requested under section 23(1) of this Act.

    (3) For the purposes of subsection (1)(c) of this section, 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.

    Compare: 1982 No 156 s 27; 1987 No 8 ss 4(2), 15

    Subsection (1)(d) to (f) was repealed, as from 1 July 1993, by section 6(1) Local Government Official Information and Meetings Amendment Act 1993 (1993 No 37).

    Subsection (3) was substituted, as from 1 July 1993, by section 6(2) Local Government Official Information and Meetings Amendment Act 1993 (1993 No 37).