Request for all policy recommendations made to a Minister on the Land Transport Pricing Study —some recommendations not received by Minister at date request received, but generated and held by the Ministry prior to response to request being given—should such information be included in initial request—should requester be advised that information has subsequently come into existence
A request was made for all policy recommendations made to the Minister of Transport on the Land Transport Pricing Study. The requester received some information but made a complaint on the grounds that she believed other information covered by the request was available at the time the Minister responded to her request, yet no reference was made to it in his response to her request.
The issue to be considered was whether a request covers information on the same topic which becomes available to a Minister or organisation after the original request has been made but before a response to the requester is given.
As a matter of practical administration it is reasonable for recipients of requests made under the OIA to consider the request as a request for information held at the date on which the request is received. It is for the recipient of a request to decide whether to advise a requester that further information has come into existence. Given the particular circumstances, it was appropriate for the requester to be so advised.
This case note is published under the authority of the Ombudsmen Rules 1989 opens page in this tab. It sets out an Ombudsman’s view on the facts of a particular case. It should not be taken as establishing any legal precedent that would bind an Ombudsman in future.