Open Records Laws › Cook Islands

Cook Islands

Official Information Act 2008

Official Information Act 2008

RTI Rating: 71 (source)

Response Timeline

Initial Response
20 days
Residency Required
Resident

Response due within 20 working days from receipt. Extensions allowed for "a reasonable period" if request involves large volume of information or requires consultations. Extension must be notified within the initial 20 working days.

How to Submit a Request

Accepted Methods

  • {'notes': 'Written requests preferred for record-keeping', 'method': 'written'}
  • {'notes': 'Oral requests permitted but written is recommended', 'method': 'oral'}
  • {'notes': 'Email accepted as written request', 'method': 'email'}

No mandatory form required. While referencing the Official Information Act helps ensure proper handling, it is not required. Request should clearly identify what information is being sought.

Required Elements

  • Clear identification of information sought
  • Eligibility verification if requested (proof of residency/citizenship status)

Fees

Agencies can impose reasonable charges for supplying official information. Charges may cover labour (search, retrieval, collation) and materials. No prescribed maximum fee established.

Exemptions

  • National Security & Defense
    Information that would likely prejudice the security or defense of Cook Islands or international relations
  • International Relations
    Information supplied by another government in confidence
  • Maintenance of Law
    Information that would prejudice law maintenance, including prevention and investigation of offenses
  • Personal Safety
    Information that would endanger the safety of any person
  • Economic Interests
    Information about changes to economic policies if premature release would harm the economy
  • Privacy
    Information that would disclose personal information
  • Commercial Confidentiality
    Information that would disclose trade secrets or commercial confidentiality

Exemptions are divided into conclusive grounds (Section 6) that are not subject to public interest override, and discretionary grounds (Section 9) that must be balanced against the public interest in disclosure. Section 6 requires harm/prejudice test ("would be likely to"). Cannot confirm full list of Section 9 exemptions without access to actual Act text.

Appeal Process

1

1

2

2

The Cook Islands FOI system is based on New Zealand's model. The Ombudsman investigates complaints about agency decisions but makes non-binding recommendations only. Government response deadline is 20 working days (extendable). No specific deadline found for filing Ombudsman complaints. Enforcement mechanisms appear weak - Ombudsman recommendations are "supposed to be recognised" but lack binding authority.

Sources & References