Official Information Act 1982
Sections and provisions with full text and the judgments that cite each one.
Section 1 — Short Title and commencement
1 Short Title and commencement (1) This Act may be cited as the Official Information Act 1982. (2) Except as provided in subsection (3) of this section, this Act shall come into force on the 1st day…
Section Sch1 — Organisations (additional to those named in Part 1 or Part 2 of Schedule 1 to the Ombudsmen Act 1975 ) to which this Act applies
Schedule 1 Organisations (additional to those named in Part 1 or Part 2 of Schedule 1 to the Ombudsmen Act 1975 ) to which this Act applies Section 2(1) Schedule 1 was substituted, as from 1 April…
Section 2 — Interpretation
2 Interpretation (1) In this Act, unless the context otherwise requires,— Authority [Repealed] Authority: this definition was repealed, as from 30 June 1988, by section 53(a)(i) of this Act.…
Section Sch2 — Provisions relating to information authority
Schedule 2 Provisions relating to information authority Section 38(5) [Expired] Schedule 2 came into force on 17 December 1982 pursuant to section 1(3) of this Act and expired as from the close of 30…
Section 3 — Act to bind the Crown
3 Act to bind the Crown This Act shall bind the Crown.
Section Sch3 — Enactments amended
Schedule 3 Enactments amended Section 50 Title of Act Amendment 1969, No 24—The New Zealand Security Intelligence Service Act 1969 These amendments have been incorporated in the reprinted New Zealand…
Section 4 — Purposes
4 Purposes The purposes of this Act are, consistently with the principle of the Executive Government's responsibility to Parliament,— (a) To increase progressively the availability of official…
Section 5 — Principle of availability
5 Principle of availability The question whether any official information is to be made available, where that question arises under this Act, shall be determined, except where this Act otherwise…
Section 6 — Conclusive reasons for withholding official information
6 Conclusive reasons for withholding official information Good reason for withholding official information exists, for the purpose of section 5 of this Act, if the making available of that…
Section 7 — Special reasons for withholding official information related to the Cook Islands, Tokelau, or Niue, or the Ross Dependency
7 Special reasons for withholding official information related to the Cook Islands, Tokelau, or Niue, or the Ross Dependency Good reason for withholding information exists, for the purpose of section…
Section 8
8 [Repealed] Section 8 was repealed, as from 1 April 1987, by section 4(1) Official Information Amendment Act 1987 (1987 No 8).
Section 9 — Other reasons for withholding official information
9 Other reasons for withholding official information (1) Where this section applies, good reason for withholding official information exists, for the purpose of section 5 of this Act, unless, in the…
Section 10 — Information concerning existence of certain information
10 Information concerning existence of certain information Where a request under this Act relates to information to which section 6 or section 7 or section 9(2)(b) of this Act applies, or would, if…
Section 11 — Exclusion of public interest immunity
11 Exclusion of public interest immunity (1) Subject to subsection (2) of this section, the rule of law which authorises or requires the withholding of any document, or the refusal to answer any…
Section 12 — Requests
12 Requests (1) Any person, being— (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…
Section 13 — Assistance
13 Assistance It is the duty of every Department, Minister of the Crown, and organisation to give reasonable assistance to a person, who— (a) Wishes to make a request in accordance with section 12 of…
Section 14 — Transfer of requests
14 Transfer of requests Where— (a) A request in accordance with section 12 of this Act is made to a Department or Minister of the Crown or organisation; and (b) The information to which the request…
Section 15 — Decisions on requests
15 Decisions on requests (1) Subject to this Act, the Department or Minister of the Crown or organisation to whom a request is made in accordance with section 12 or is transferred in accordance with…
Section 15A — Extension of time limits
15A Extension of time limits (1) Where a request in accordance with section 12 of this Act is made or transferred to a Department or Minister of the Crown or organisation, the permanent head of that…
Section 16 — Documents
16 Documents (1) Where the information requested by any person is comprised in a document, that information may be made available in one or more of the following ways: (a) By giving the person a…
Section 17 — Deletion of information from documents
17 Deletion of information from documents (1) Where the information requested is comprised in a document and there is good reason for withholding some of the information contained in that document,…
Section 18 — Refusal of requests
18 Refusal of requests A request made in accordance with section 12 of this Act may be refused only for one or more of the following reasons, namely: (a) That, by virtue of section 6 or section 7 or…
Section 18A — Requests involving substantial collation or research
18A Requests involving substantial collation or research (1) In deciding whether to refuse a request under section 18(f) , the Department, Minister of the Crown, or organisation must consider whether…
Section 18B — Duty to consider consulting person if request likely to be refused under section 18(e) or (f)
18B Duty to consider consulting person if request likely to be refused under section 18(e) or (f) If a request is likely to be refused under section 18(e) or (f) , the Department, Minister of the…
Section 19 — Reason for refusal to be given
19 Reason for refusal to be given Where a request made in accordance with section 12 of this Act is refused, the Department or Minister of the Crown or organisation, shall,— (a) Subject to section 10…
Section 20 — Publication setting out functions of Departments and organisations
20 Publication setting out functions of Departments and organisations (1) The Ministry of Justice shall cause to be published, not later than the end of the year 1989, a publication that includes in…
Section 21 — Right of access to certain official information
21 Right of access to certain official information (1) Every person has a right to and shall, on request made under this subsection, be given access to the latest edition of the publication published…
Section 22 — 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…
Section 23 — Right of access by person to reasons for decisions affecting that person
23 Right of access by person to reasons for decisions affecting that person (1) Subject to section 6(a) to (d) , section 7 , section 9(2)(b) , and section 10 of this Act and to subsections (2) , (4)…
Section 24 — Right of access to personal information
24 Right of access to personal information (1) Subject to this Part of this Act, to sections 10 and 52 of this Act, and to subsections (2) and (5) of this section, every person has a right to and…
Section 24A — Restriction where person sentenced to imprisonment
24A Restriction where person sentenced to imprisonment [Repealed] Section 24A was to be inserted, from a date to be appointed by Order in Council, by section 14(1) Official Information Amendment Act…
Section 25 — Precautions
25 Precautions Where a request is made under section 24(1) of this Act, the Department or Minister of the Crown or organisation— (a) Shall not give access to that information unless it or he is…
Section 26 — Correction of information
26 Correction of information (1) Every person who is given access under section 24(1) of this Act to personal information may, by letter addressed to the Department or Minister of the Crown or…
Section 27 — Reasons for refusal of requests for personal information
27 Reasons for refusal of requests for personal information (1) A Department or Minister of the Crown or organisation may refuse to disclose any personal information requested under section 24(1) of…
Section 28 — Functions of Ombudsmen
28 Functions of Ombudsmen (1) It shall be a function of the Ombudsmen to investigate and review any decision by which a Department or Minister of the Crown or organisation— (a) Refuses to make…
Section 29 — Application of Ombudsmen Act 1975
29 Application of Ombudsmen Act 1975 (1) Except as otherwise provided by this Act, the provisions of the Ombudsmen Act 1975 shall apply in respect of investigations and other proceedings carried out…
Section 29A — Requirements of Ombudsman to be complied with within certain period
29A Requirements of Ombudsman to be complied with within certain period (1) Subject to this section, where, during the course of an investigation, under section 28 of this Act, of any decision of any…
Section 29B — Consultation with Privacy Commissioner
29B Consultation with Privacy Commissioner Where an Ombudsman investigates a complaint made under section 28 of this Act in relation to a refusal to make official information available in reliance on…
Section 30 — Procedure after investigation
30 Procedure after investigation (1) Where, after making an investigation of a complaint made under section 28 of this Act, an Ombudsman is of the opinion— (a) That the request made in accordance…
Section 31 — Disclosure of certain information not to be recommended
31 Disclosure of certain information not to be recommended Where— (a) The Prime Minister certifies that the making available of any information would be likely to prejudice— (i) The security or…
Section 32 — Recommendations made to the Department or Minister of the Crown or organisation
32 Recommendations made to the Department or Minister of the Crown or organisation (1) Where a recommendation is made under section 30(1) of this Act to a Department or to an organisation named in…
Section 32A — Requirements in relation to Order in Council
32A Requirements in relation to Order in Council (1) Every Order in Council made under section 32 of this Act shall be published in the Gazette and laid before the House of Representatives as soon as…
Section 32B — Right of review
32B Right of review (1) Where— (a) A recommendation is made under section 30(1) of this Act in respect of a request made under section 12 of this Act; and (b) An Order in Council is made under…
Section 32C — Appeals
32C Appeals Any party to an application under section 32B of this Act who is dissatisfied with any final or interlocutory order in respect of the application may appeal to the Court of Appeal; and…
Section 33 — Complainant to be informed of result of investigation
33 Complainant to be informed of result of investigation The Ombudsman who investigates a complaint made for the purposes of section 28(3) of this Act shall inform the complainant, in such manner and…
Section 34 — Restriction on application for review
34 Restriction on application for review Where any person makes a request under this Act that official information be made available to him and a decision to which section 28(1) or section 28(2) of…
Section 35 — Application of Ombudsmen Act 1975
35 Application of Ombudsmen Act 1975 (1) It shall be a function of the Ombudsmen to investigate, pursuant to the Ombudsmen Act 1975 , any decision made under Part 3 or Part 4 of this Act,— (a)…
Section 36 — Saving in respect of Ombudsmen Act 1975
36 Saving in respect of Ombudsmen Act 1975 Except as expressly provided in this Act, nothing in this Act shall derogate from or limit the functions of the Ombudsmen under the Ombudsmen Act 1975 .
Section 37 — Establishment of Information Authority
37 Establishment of Information Authority [Repealed] Part 6 expired as from the close of 30 June 1988 pursuant to section 53(a)(ii) of this Act.
Section 38 — Functions and powers of Authority
38 Functions and powers of Authority [Repealed] Part 6 came into force on 17 December 1982 pursuant to section 1(3) of this Act and expired as from the close of 30 June 1988 pursuant to section…