New Zealand Legislation: Acts
Acts are laws made by Parliament
(1) It shall be a function of the Ombudsmen to investigate and review any decision by which a local authority—
(a) Refuses to make official information available to any person in response to a request made by that person in accordance with section 10 of this Act; or
(b) Decides, in accordance with section 15 or section 16 of this Act, in what manner or, in accordance with section 13 of this Act, for what charge a request made in accordance with section 10 of this Act is to be granted; or
(c) Imposes conditions on the use, communication, or publication of information made available pursuant to a request made in accordance with section 10 of this Act; or
(d) Gives a notice under section 8 of this Act.
(2) It shall be a function of the Ombudsmen to investigate and review any decision by which the chief executive of a local authority, or an officer or employee of a local authority authorised by its chief executive, extends any time limit under section 14 of this Act.
(3) An investigation and review under subsection (1) or subsection (2) may be made by an Ombudsman only on complaint being made to an Ombudsman in writing or orally.
(3A) A complaint made orally must be put in writing as soon as practicable.
(4) If, in relation to any request made in accordance with section 10 of this Act, any local authority fails within the time limit fixed by section 13(1) of this Act (or, where that time limit has been extended under this Act, within the time limit as so extended) to comply with paragraph (a) or paragraph (b) of section 13(1) of this Act, that failure shall be deemed, for the purposes of subsection (1) of this section, to be a refusal to make available the official information to which the request relates.
(5) Undue delay in making official information available in response to a request for that information shall be deemed, for the purposes of subsection (1) of this section, to be a refusal to make that information available.
Compare: 1982 No 156 s 28; 1987 No 8 s 16(1)
Subsection (2) was amended, as from 1 July 2003, by section 262 Local Government Act 2002 (2002 No 84), by substituting the words “chief executive”
for the words “principal administrative officer”
in both places where they occur. See sections 273 to 314 of that Act as to the savings and transitional provisions.
Subsection (3) was substituted, as from 22 October 2003, by section 4 Local Government Official Information and Meetings Amendment Act 2003 (2003 No 82).
Subsection (3A) was inserted, as from 22 October 2003, by section 4 Local Government Official Information and Meetings Amendment Act 2003 (2003 No 82).