40 Decisions on requests

(1)

Subject to this Act, the agency to which an information privacy request is made or transferred in accordance with this Act shall, as soon as reasonably practicable, and in any case not later than 20 working days after the day on which the request is received by that agency,—

(a)

decide whether the request is to be granted and, if it is to be granted, in what manner and, subject to sections 35 and 36, for what charge (if any); and

(b)

give or post to the individual who made the request notice of the decision on the request.

(2)

Where any charge is imposed, the agency may require the whole or part of the charge to be paid in advance.

(3)

Where an information privacy request is made or transferred to a department, the decision on that request shall be made by the chief executive of that department or an officer or employee of that department authorised by that chief executive, unless that request is transferred in accordance with section 39 to another agency.

(4)

Nothing in subsection (3) prevents the chief executive of a department or any officer or employee of a department from consulting a Minister or any other person in relation to the decision that the chief executive or officer or employee proposes to make on any information privacy request made or transferred to the department in accordance with this Act.

Compare: 1982 No 156 s 15; 1987 No 8 s 8(1); 1987 No 174 ss 13, 57(1)