Official Information Act 1982

If you need more information about this Act, please contact the administering agency: Ministry of Justice
22 Right of access to internal rules affecting decisions

(1)

On a request made under this section, a person has a right to, and must be given access to, any document (including a manual) that—

(a)

is held by a public service agency, a Minister of the Crown, or an organisation; and

(b)

contains policies, principles, rules, or guidelines in accordance with which decisions or recommendations are made in respect of any person or body of persons in their personal capacity.

(1A)

Subsection (1) is subject to—

(a)

subsection (2):

(b)

subsection (6):

(c)

section 6(a) to (d):

(d)

section 7:

(e)

section 9(2)(a), (b), (ba), (i), and (j) (to the extent that there is no countervailing public interest in making the information available):

(f)

section 10.

(2)

The right conferred by subsection (1) may be exercised only by—

(a)

a New Zealand citizen; or

(b)

a permanent resident of New Zealand; or

(c)

a person who is in New Zealand; or

(d)

a body corporate which is incorporated in New Zealand; or

(e)

a body corporate which is incorporated outside New Zealand but which has a place of business in New Zealand.

(3)

Sections 12(2) and (3), 13 to 15A, and 19 shall apply, with all necessary modifications, to a request made under subsection (1).

(4)

If there is good reason under subsection (1A)(c), (d), or (e) for withholding some of the information contained in a document referred to in subsection (1), the department (for itself and for a departmental agency hosted by it or an interdepartmental executive board serviced by it) or the interdepartmental venture, Minister of the Crown, or organisation must, unless it is impracticable to do so,—

(a)

make a copy of that document available with any deletions or alterations that are necessary; or

(b)

provide another document stating the substance and effect of the document except as it relates to the information withheld.

(5)

Where a document is made available under subsection (4), the department or venture or Minister of the Crown or organisation shall, subject to section 10, give to the applicant—

(a)

the reason for withholding the information; and

(b)

if the applicant so requests, the grounds in support of that reason, unless the giving of those grounds would itself prejudice the interests protected by section 6(a) to (d) or section 7 or section 9(2)(a) or (b) or (ba) or (i) or (j) and (in the case of the interests protected by section 9(2)(a) or (b) or (ba) or (i) or (j)) there is no countervailing public interest.

(6)

Nothing in this section authorises or permits Public Trust or the Maori Trust Office to make available any information that is contained in a document to which subsection (1) relates but that relates to the making of decisions or recommendations by Public Trust or the Maori Trustee—

(a)

in their capacity as trustee within the meaning of the Trusts Act 2019; or

(b)

in any other fiduciary capacity.

Section 22(1): replaced, on 24 October 2019, by section 100(1) of the Statutes Amendment Act 2019 (2019 No 56).

Section 22(1)(a): amended, on 7 August 2020, by section 135 of the Public Service Act 2020 (2020 No 40).

Section 22(1A): inserted, on 24 October 2019, by section 100(1) of the Statutes Amendment Act 2019 (2019 No 56).

Section 22(3): amended, on 1 April 1987, by section 9(2) of the Official Information Amendment Act 1987 (1987 No 8).

Section 22(4): replaced, on 24 October 2019, by section 100(2) of the Statutes Amendment Act 2019 (2019 No 56).

Section 22(4): amended, on 7 August 2020, by section 135 of the Public Service Act 2020 (2020 No 40).

Section 22(5): amended, on 7 August 2020, by section 135 of the Public Service Act 2020 (2020 No 40).

Section 22(5)(b): replaced, on 1 April 1987, by section 4(2) of the Official Information Amendment Act 1987 (1987 No 8).

Section 22(6): replaced, on 1 March 2002, by section 170(1) of the Public Trust Act 2001 (2001 No 100).

Section 22(6)(a): amended, on 30 January 2021, by section 161 of the Trusts Act 2019 (2019 No 38).