Official Information Act Flashcards
What are the two categories?
The OIA applies to Ministers and Central Government agencies, and there’s also the Local Government Official Information and Meetings Act (LGOIMA) which applies to local government agencies.
Examples of LGOIMA
Regional council, community boards, city council, district councils, community boards, airport authorities, licensing trusts. Any official body
How does this connect to privacy?
You cannot access private information about other people, though you have a right to see information that is held about you. You cannot access criminal records, except your own.
Can my request be denied?
Requests can be denied, challenged and information is likely to be “redacted” from the material you receive according to various criteria.
The default position is that if you ask for some official information it must be released, unless there is a good reason not to do so. And, of course, a refusal might also make a good story
Do I need to request on paper?
No, but it helps to have a track record
What is the strongest reasons to deny an OIA request?
The strongest of these are where releasing the information you are after would be likely to prejudice the maintenance of the law or endanger the safety of any person. Good reasons (allow central gov to withhold but may be released if in public interest): individual privacy, commercial sensitivity, avoiding offense to Tikanga Maori, allowing public staff to offer free and frank advice to city counselors.
Release of info jeopardizes nationals security or defense of NZ, prejudice other governments or international organizations, prejudice maintenance of law and fair trials, endangered safety of individual, trade secrets or commercial confidentiality/ sensitivity (ie. Asking for information about a tender -businesses to pitch for us their proposal. Tender is void, if we don’t have competitive process, we won’t get best deal).
What can I ask for?
including correspondence, minutes of meetings, memos, reports, studies, papers, agendas, internal briefings, budget bids, submissions, costings, consultants’ reports, policy papers, advice to ministers.
Examples of places I can request an OIA from
Government departments and ministries, school boards, police, DHB, tertiary education institutions, State owned enterprises, crown entities.
If it’s released does it mean it’s protected from defamation?
Just because it is released under the Act doesn’t protect you if you publish it. It can still be defamatory, or a breach of copyright, or a breach of confidence.
What can I not request from?
Parliament and its agencies (the Parliamentary Counsel Office and the Parliamentary Service); courts and tribunals;
the Ombudsman; and the Independent Police Conduct Authority.
