OIA and O structures Flashcards

1
Q

complaints made to o around got sector agencies

A
  • s13 give the power - low level admin
  • warn dept/agency/minster they under invest
  • invest priv is not subject to OIA or PA
  • s 22 make recos - wide scope
  • reco goes first to dept/agency/minster
  • reco next goes to PM if above doesnt listen
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2
Q

THE OIA PROCESS

A
  • oia promotes good govt and accountabity
  • oia if for all citizens and residents
  • s15
  • 20 days to respond
  • can get extendsione.eg need 2 consult
  • can be costs
  • s17
  • can be redactions
  • s18
  • info can be denied, need to give reason
  • REASONS
  • s18
  • info disclosed soon
  • s10
  • acknowledge existnece bad, cant confirm or deny
  • s7
  • info regard cook is, tokelau, ross depend
  • s6 - CONCLUSIVE
  • personal, national saftey, maitntain law
  • kelsey -likely = real poss
  • not weighed upon pub interest
  • s9 - OTHER
  • health, privacy, cabinrt
  • kelsey - nessacry = essential to prevent
  • need 2 be weighed w pub interest
  • if unsure/publci interest wins = release
  • KELSEY CASE
  • blanket denial unlawful
  • quashed and remade and needed to consider s18,s6 and s9 again
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3
Q

THE OIA REQUEST DENIAL PROCESS TO O

A
  • s28
  • o can investigate
  • s30
  • non binidng reco to govt dept/agency/minster
  • s32
  • public duty to recog reco after 21 days
  • s31
  • pm can decline for saftey/security
  • if not satisfied = court
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