Local Government Official Information and Meetings Act 1987 No 174 (as at 01 November 2010), 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), 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) and (in the case of the interests protected by section 7(2)(b)) 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    • (d) [Repealed]

    • (e) [Repealed]

    • (f) [Repealed]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 1 or more of the reasons set out in subsection (1) justifies a refusal to disclose any personal information requested under section 23(1).

    (3) For the purposes of subsection (1)(c), 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

    Section 26(1)(d): repealed, on 1 July 1993, by section 6(1) of the Local Government Official Information and Meetings Amendment Act 1993 (1993 No 37).

    Section 26(1)(e): repealed, on 1 July 1993, by section 6(1) of the Local Government Official Information and Meetings Amendment Act 1993 (1993 No 37).

    Section 26(1)(f): repealed, on 1 July 1993, by section 6(1) of the Local Government Official Information and Meetings Amendment Act 1993 (1993 No 37).

    Section 26(3): substituted, on 1 July 1993, by section 6(2) of the Local Government Official Information and Meetings Amendment Act 1993 (1993 No 37).