Section 22 — Official Information Act 1982: Right of access to internal rules affecting decisions

22 Right of access to internal rules affecting decisions (1) Subject to section 6(a) to (d) , section 7 , section 9(2)(a) , (b) , (ba) , (i) , and (j) , and section 10 of this Act and to subsections (2) and (6) of this section, every person has a right to and shall, on request made under this section, be given access to any document (including a manual) which is held by a Department or Minister of the Crown or organisation and which 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 his or its personal capacity. (2) The right conferred by subsection (1) of this section 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 of this Act shall apply with all necessary modifications, to a request made under subsection (1) of this section. (4) Where, by virtue of any of the provisions of section 6(a) to (d) , section 7 , section 9(2)(a) , (b) , (ba) , (i) , and (j) of this Act, there is good reason for withholding some of the information contained in a document to which subsection (1) of this section relates, the Department or Minister of the Crown or organisation shall, unless it is impracticable to do so, either— (a) Make a copy of that document available with such deletions or alterations as 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) of this section, the Department or Minister of the Crown or organisation shall, subject to section 10 of this Act, 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) of this Act and (in the case of the interests protected by section 9(2)(a) or (b) or (ba) or (i) or (j) of this Act) 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 Trustee Act 1956 ; or (b) in any other fiduciary capacity. Subsection (1) was amended, as from 1 April 1987, by section 4(2) Official Information Amendment Act 1987 (1987 No 8) by substituting the words “ section 6(a) to (d), section 7, section 9(2)(a), (b), (ba), (i), and (j), and section 10 ” for the words “ section 6(a) to (c), sections 7, 8(1), 9(2)(a) and (b), and 10 ” . Subsection (3) was amended, as from 1 April 1987, by section 9(2) Official Information Amendment Act 1987 (1987 No 8) by substituting the expression “ 13 to 15A ” for the expression “ 13 to 15 ” . Subsection (4) was amended, as from 1 April 1987, by section 4(2) Official Information Amendment Act 1987 (1987 No 8) by substituting the words “ section 6(a) to (d), section 7, section 9(2)(a), (b), (ba), (i), and (j) ” for the words “ sections 6(a) to (c), 7, 8(1), and 9(2)(a) and (b) ” . Subsection (5)(b) was substituted, as from 1 April 1987, by section 4(2) Official Information Amendment Act 1987 (1987 No 8). Subsection (6) was substituted, as from 1 March 2002, by section 170(1) Public Trust Act 2001 (2001 No 100). See clause 2 Public Trust Act Commencement Order 2002 (SR 2002/11).