Ombudsman - Fairness for All

Part 1: How the official information legislation works

This part explains how the Official Information Act and Local Government Official Information and Meetings Act work.  It sets out the principles and purposes of these Acts, provides guidance on how to respond to requests for official information and discusses the issue of charging for supply of information.

Part 1A: Principles and purposes of the OIA & LGOIMA

Part 1B: Responding to a request for official information

Part 1C: Charging for the release of official information

Part 2: Reasons for refusing official information requests

Part 2A: Administrative reasons for refusing requests

Section 18 of the OIA and section 17 of the LGOIMA provide several reasons for refusing an official information request.  These include where:

• release would be contrary to the provisions of another enactment, contempt of court or Parliament;
• the information is or will soon be publicly available;
• the information does not exist or is not held;
• substantial collation and research is required;
• the request for for trivial information or is frivolous or vexatious. 

These reasons are discussed in this part of the Ombudsman's official information legislation guide.

Part 2B: Conclusive reasons for refusing official information

Part 6 of the OIA and LGOIMA provide conclusive reasons for refusing official information.  These include when release would likely prejudice the:

• security and defence of New Zealand or its international relations
• entrusting of information to the Government of New Zealand on a basis of confidence
• maintenance of the law.

They also include where release would likely:

• endanger the safety of any person
• seriously damage the New Zealand economy.

These reasons are discussed in this part of the Ombudsman's official information legislation guide.

Part 2C: Other reasons for refusing official information

Section 7 of the LGOIMA and section 9 of the OIA identify certain grounds that are considered to be "good reasons" for withholding information if they are not outweighed by a public interest consideration favouring release.  These grounds are set out and discussed in Part 2C of the Ombudsman's official information legislation guide. 

Part 2C: Other reasons for refusing official information - Privacy

Part 2C: Other reasons for refusing official information - Commercial

Part 2C: Other reasons for refusing official information - Confidentiality

Part 2C: Other reasons for refusing official information - Negotiations

Part 2C: Other reasons for refusing official information - Constitutional conventions

Part 2C: Other reasons for refusing official information - Free and frank expressions of opinion

Part 2C: Other reasons for refusing official information - Improper pressure or harassment

Part 2C: Other reasons for refusing official information - Legal professional privilege

Part 2C: Other reasons for refusing official information - Improper gain or advantage

Part 2D: Countervailing public interest considerations

Part 3A: Urgent requests

Part 3B: Requests for internal rules, policies, principles and guidelines affecting decisions

Part 3C: Requests for reasons for decisions

Part 3D: Releasing official information in good faith protection

Part 3E: LGOIMA meetings provisions

Part 4A: An Ombudsman's investigation and review under the OIA or LGOIMA

Part 4B: Guidance for agencies whose decisions are under investigation by the Ombudsman

Part 5: Common misconceptions

This part summarises and discusses some of the common misconceptions about the operation of the official information legislation which continue to arise despite the OIA being in force since 1983 and the LGOIMA being in force since 1987.

These common misconceptions tend to create false expectations and often unecessarily complicate the processing of otherwise simple requests.  It is important for both the agency and requesters to understand and work within the parameters of the legislation.

LGOIMA Guide for local authorities and requesters accessing official information

This Guide explains how to use the Local Government Official Information and Meetings Act when accessing official information from local authorities. It provides advice for requesters on how to make a request , as well as guidance for local authorities on how to respond and outlines what happens when a complaint is made to the Ombudsmen.