OFFICIAL INFORMATION

YOUR RIGHT TO KNOW

How to find out what you want to know from Central and Local Government

OFFICIAL INFORMATION

The purposes of the law about official information are:

• To increase progressively the availability of official information in order –

• To protect official information where necessary in the public interest or to preserve personal privacy
• To encourage full public participation in local authority decision making by allowing the public admission to council meetings and by ensuring that councils are fully accountable to their respective communities.

What is official information?

THE OFFICIAL INFORMATION ACT 1982

allows people to request access to information held by:

• Ministers of the Crown in their official capacity
• Government departments and organisations
• State-owned enterprises
• Educational institutions, including Boards of Trustees
• Public Hospitals.

THE LOCAL GOVERNMENT OFFICIAL INFORMATION AND MEETINGS ACT 1987

allows people to request access to information held by local authorities such as:

• City councils
• Regional councils
• District councils.

Local Authority Trading Enterprises (LATES) are excluded from having to provide access to information because they are deemed to be private companies and therefore outside the coverage of the Act.

The guiding principle is that information must be made available unless good reason exists under the Act for withholding it.

Under the two Acts you can:

• Request access to any specified official information
• Seek reasons for decisions made about you
• Request access to internal policies, principles, rules or guidelines in accordance with which decisions or recommendations are made about any person
• Request access to meeting agendas and minutes of public bodies, including those not open to the public.

Where is the information held?

CENTRAL GOVERNMENT

The Directory of Official Information lists all government departments and organisations and sets out in respect of each a description of :

• Its structure, functions and responsibilities
• The kinds of documents it holds
• The manuals or other documents which contain policies, principles, rules or guidelines in accordance with which decisions or recommendations are made about any person
• Particulars of the officers to whom requests for official information should be sent.

The Directory is available at public libraries.

LOCAL GOVERNMENT

Similar directories are held by each local authority. The directory also requires a listing of all Acts of Parliament and Provincial Ordinances and a complete list of all bylaws in force at the time.

Personal Information (Privacy Act 1993)

• You may apply to the relevant agency under the Privacy Act if you wish to obtain a copy of, or have access to, information held about yourself. You may also ask for it to be corrected.
• Requests by individuals for personal information about themselves is not covered by the Official Information Act 1982. Personal information about someone other than the requester held by a central or local government agency is covered by the Official Information Act 1982.
• Applications in respect of law enforcement information are to be directed to the NZ Police (firearms, deportation orders, overseas convictions), the Department for Courts (criminal and traffic convictions, court hearings and orders) or the Land Transport Safety Authority (traffic offence demerit points and licensing offences).

MAKING REQUESTS FOR OFFICIAL INFORMATION

How do you request information?

Making a request is simple:

• Contact the Minister, department, organisation, or local authority (Mayor, councillor or council staff ) concerned and ask for the information
• Be as specific as you can in identifying the information you are seeking
• Requests are best made in writing but this is not essential
• You may use the form in this pamphlet if you wish
• Keep a note of when, how and to whom you made your request (keep a copy of written requests).

Who can apply?

Almost anyone can apply:

• A New Zealand citizen
• A permanent resident of New Zealand
• A person who is in New Zealand
• A corporate body incorporated in New Zealand
• A corporate body incorporated outside New Zealand but with a place of business in New Zealand.

Do you have to pay?

There may be a charge but this must be reasonable:

• Normally it is only for the cost of the labour and materials involved in making the information available
• You should be told of the charge, or given an estimate, before the information is provided.

How long will it take?

• Your request must be answered as soon as reasonably practicable and in any event within 20 working days. The time limit for answering requests can be extended in some cases but you must be told of the extension and the reasons for it within 20 days of your request being received.
• You can ask for your request to be treated as urgent but must give your reasons for seeking urgency.

How will the information be provided?

If you prefer a particular form of access you should state this in your request:

• You can ask for a copy of the information or to inspect it
• You may listen to a tape recording or see a film or videotape and you can ask for a transcript
• Where information is stored in a computer you may ask for a printout of that information.

Can a request for information be refused?

Yes. Requests can be refused but:

• Only if good reason exists under the Act for not releasing the information
• You must be told the reason for the refusal
• You must be informed of your right to seek an investigation and review of the refusal by an Ombudsman.

Why would a request be refused?

There are several interests to be considered including:

• National security, defence and international relations
• The maintenance of the law
• The effective conduct of the decision making and policy advice processes of government
• Trade secrets and commercial confidentiality
• Health and safety of the public
• Substantial economic interests of New Zealand
• Personal privacy
• The administrative capacity of the agency concerned to process a request.

REVIEW OF DECISIONS

Can you complain about a decision?

Yes. You can complain to the Ombudsmen if:

• You are refused access to any information
• The person handling the request fails to respond within the time limit, or extended time limit, or unduly delays making the information available
• You are not happy with the length of an extended time limit
• You believe an unreasonable fee has been charged for making the information available
• You are not happy with the way the information has been made available or any conditions placed on its subsequent use.

What can the Ombudsmen do?

If an Ombudsman thinks your request should not have been refused or if your complaint is justified in any way, he or she may make a recommendation to the Minister, department, organisation or local authority concerned.

Some recommendations become binding unless the Government or local authority issues a veto within 20 working days. Other recommendations are not binding. Almost all recommendations are accepted by the Minister, department, organisation or local authority concerned. Many complaints are resolved in the course of an Ombudsman’s investigation.

How to make a complaint to the Ombudsmen

There is no charge for making a complaint to the Ombudsmen.

Simply address a letter to the nearest office saying:

• What information you requested
• Who you requested it from
• When you requested it
• What was the response to your request, and enclosing copies of any relevant correspondence.

If you have difficulty in writing a complaint, or if you wish to obtain further information about how an Ombudsman might be of assistance, you can telephone the Office of the Ombudsmen on freephone (0800) 802-602.

The Ministry of Justice acknowledges the help of the following in the preparation of this pamphlet:

Local Government Services
Department of Internal Affairs
PO Box 805
WELLINGTON

Office of the Ombudsmen
PO Box 10-152
WELLINGTON

Complaints about refusals to release official information should be directed to the:

Ombudsmen
Box 10-152
The Terrace
WELLINGTON

Complaints about refusals to release or correct personal information should be directed to the:

The Privacy Commissioner
Box 466
AUCKLAND

Or Box 10-094, The Terrace
WELLINGTON

Any other information can be obtained from the Ministry of Justice

PO Box 180
WELLINGTON

Request for access to official information