Official Information

Question 1

Steps for OIA

Answer 1

1. Is it OIA
2. Make a request for the information which must be from someone with connection to NZ
3. request will be denied first under s 6
4. request then may be denied under s 9 which will be weigher up against public interest in the information
5. The key principles of the OIA, promoting availability
6. if request is denied ombudsman can investigate
7. if unsuccessful judicial review

Question 2

Step 1

Answer 2

1. is it official information
   Any information held in an official capacity

Question 3

Step 2

Answer 3

Make a request for the official information which musty be from a NZ’er
*if urgent, outlined why and must be specific

Question 3

Step 3

Answer 3

s 6 reasons for denial include

Prejudices NZ security/defence,
international relations,
maintenance of the law,
safety of a person,
damage the economy

Question 4

Step 4

Answer 4

Next it might be denied under s 9 which includes

If it is going to be made
public soon,
doesn’t exist,
would be admin to collate (can be changed if so),
protect privacy,
breach constitutional conventions or
breach legal pro privilege

These must be weighed up against the public interest in the official information

Question 5

Step 6

Answer 5

if request is denied, ombudsman can investigate.
* If denial is unjustified bring claim to parliament
* Cannot investigate matters of security and defence - e.g. in Kelsey

Question 6

Step 5

Answer 6

the key principles of the OIA is promoting availability s 4, 5

Question 7

Step 7

Answer 7

if ombudsman request is unsuccessful, judicial review