29 Other reasons for refusal of requests

(1)

An agency may refuse to disclose any information requested pursuant to principle 6 if—

(a)

the disclosure of the information would involve the unwarranted disclosure of the affairs of another individual or of a deceased individual; or

(b)

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

(c)

after consultation undertaken (where practicable) by or on behalf of the agency with an individual’s medical practitioner, the agency is satisfied that—

(i)

the information relates to that individual; and

(ii)

the disclosure of the information (being information that relates to the physical or mental health of the individual who requested it) would be likely to prejudice the physical or mental health of that individual; or

(d)

in the case of an individual under the age of 16, the disclosure of that information would be contrary to that individual’s interests; or

(e)

the disclosure of that information (being information in respect of an individual who has been convicted of an offence or is or has been detained in custody) would be likely to prejudice the safe custody or the rehabilitation of that individual; or

(f)

the disclosure of the information would breach legal professional privilege; or

(g)

in the case of a request made to Radio New Zealand Limited or Television New Zealand Limited, the disclosure of the information would be likely to reveal the source of information of a bona fide news media journalist and either—

(i)

the information is subject to an obligation of confidence; or

(ii)

the disclosure of the information would be likely to prejudice the supply of similar information, or information from the same source; or

(h)

the disclosure of the information, being information contained in material placed in any library or museum or archive, would breach a condition subject to which that material was so placed; or

(i)

the disclosure of the information would constitute contempt of court or of the House of Representatives; or

(ia)

the request is made by a defendant or a defendant’s agent 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; or

(j)

the request is frivolous or vexatious, or the information requested is trivial.

(2)

An agency may refuse a request made pursuant to principle 6 if—

(a)

the information requested is not readily retrievable; or

(b)

the information requested does not exist or cannot be found; or

(c)

the information requested is not held by the agency and the person dealing with the request has no grounds for believing that the information is either—

(i)

held by another agency; or

(ii)

connected more closely with the functions or activities of another agency.

(3)

For the purposes of subsection (1)(b), the term evaluative material means evaluative or opinion material compiled solely—

(a)

for the purpose of determining the suitability, eligibility, or qualifications of the individual to whom the material relates—

(i)

for employment or for appointment to office; or

(ii)

for promotion in employment or office or for continuance in employment or office; or

(iii)

for removal from employment or office; or

(iv)

for the awarding of contracts, awards, scholarships, honours, or other benefits; or

(b)

for the purpose of determining whether any contract, award, scholarship, honour, or benefit should be continued, modified, or cancelled; or

(c)

for the purpose of deciding whether to insure any individual or property or to continue or renew the insurance of any individual or property.

(4)

In subsection (1)(c), medical practitioner means a health practitioner who is, or is deemed to be, registered with the Medical Council of New Zealand continued by section 114(1)(a) of the Health Practitioners Competence Assurance Act 2003 as a practitioner of the profession of medicine.

Compare: 1982 No 156 ss 18(c)(ii), (e), (g), (h), 27(1)(b)–(h), (2); 1987 No 8 s 15(1); 1987 No 174 ss 17(c)(ii), (e), (g), (h), 26(1)(b)–(h), (2)

Section 29(1)(g): amended, on 5 July 1996, by section 2 of the Radio New Zealand Act (No 2) 1995 (1995 No 53).

Section 29(1)(ia): inserted, on 29 June 2009, by section 39(1) of the Criminal Disclosure Act 2008 (2008 No 38).

Section 29(4): inserted, on 18 September 2004, by section 175(1) of the Health Practitioners Competence Assurance Act 2003 (2003 No 48).