New Zealand
Official Information Act 1982
1982 No 156
Transparency Score: 63/100
RTI Rating: 94 (source)
Response Timeline
20 working days from receipt of request (Section 15(1)). Must respond "as soon as reasonably practicable" within this period. Extensions permitted under Section 15A for: (a) large quantity of information requiring search that would unreasonably interfere with operations, or (b) consultations necessary to make a decision. No statutory maximum extension period -- must be for a "reasonable period" having regard to the circumstances. Extension notice must be given within the original 20 working days.
Under Section 12, requests may be made by: NZ citizens (anywhere), permanent residents (anywhere), any person physically present in New Zealand, and NZ-incorporated bodies corporate. Non-residents overseas who are not NZ citizens/permanent residents are not eligible under the OIA, but agencies should deal with such requests administratively. Note: the separate LGOIMA (for local government) allows "any person" to request with no residency requirement.
How to Submit a Request
Accepted Methods
Requests can be made in any form by any means -- in writing, orally (in person or by phone), by email, or online (including via social media). No central government portal exists; each agency handles its own requests. FYI.org.nz (https://fyi.org.nz/) is a third-party platform for submitting and publishing OIA requests to over 3,000 public authorities. Requests do not need to cite the OIA specifically.
Required Elements
- Description — Specify the information sought with 'due particularity' -- enough detail to enable the agency to identify it (Section 12)
- Recipient — Direct the request to a government department, Minister of the Crown, or organisation subject to the OIA
Optional Elements
- Written form — Requests can be oral, but agencies may ask for written confirmation
- Preferred form — Specify preferred form of access (inspection, copy, etc.)
- Date range — Narrow the search to a specific time period
- Urgency — Explain if the request is urgent and why (agencies must respond 'as soon as reasonably practicable')
Fees
There is no application fee. Processing charges are discretionary and must be "reasonable." The first hour of staff time and first 20 pages of photocopying are free. Agencies must notify the requester of any proposed charge and provide an estimate before doing the work. The requester can narrow or modify their request to reduce charges. Charges apply only to the supply of information, not to the decision-making process.
Fee Waivers
- {'name': 'Financial Hardship', 'waives': ['processing_charges'], 'category': 'discretionary', 'criteria': ['Meeting the charge would cause financial hardship to the requester'], 'how_to_apply': 'Include a statement of financial hardship with the request'}
- {'name': 'Public Interest', 'waives': ['processing_charges'], 'category': 'discretionary', 'criteria': ['Information is sought for research or other purposes serving the public interest', 'Charge would hinder access'], 'how_to_apply': 'Explain the public interest benefit in the request'}
- {'name': 'Small Amounts', 'waives': ['processing_charges'], 'category': 'discretionary', 'criteria': ['Total charge is so small it would not be cost-effective to collect'], 'how_to_apply': 'Automatic at agency discretion'}
- {'name': 'Agency Error', 'waives': ['processing_charges'], 'category': 'discretionary', 'criteria': ['Agency contributed to the need for a large request (e.g., by failing to proactively publish information)'], 'how_to_apply': 'Explain in the request'}
There is no statutory right to a fee waiver, but the Ombudsman can investigate complaints about unreasonable charges. Agencies should apply charging policies on a case-by-case basis rather than through blanket application.
Exemptions
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Security, Defence, International RelationsPrejudice to the security or defence of New Zealand or international relations of the government
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Confidence from Foreign GovernmentsPrejudice to information entrusted to NZ government in confidence by foreign governments or international organisations
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Maintenance of the LawPrejudice to the maintenance of the law, including prevention, investigation, and detection of offences, and the right to a fair trial
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Safety of Any PersonEndanger the safety of any person
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Economy of New ZealandSeriously damage the economy by prematurely disclosing decisions on exchange rates, price controls, or government borrowing
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Personal PrivacyProtect the privacy of natural persons, including deceased persons
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Trade Secrets and Commercial PositionProtect trade secrets or avoid unreasonably prejudicing the commercial position of the information supplier/subject
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Obligation of ConfidenceProtect information subject to an obligation of confidence where disclosure would prejudice the supply of similar information
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Constitutional ConventionsMaintain constitutional conventions protecting confidentiality of communications with the Sovereign, collective/individual ministerial responsibility, political neutrality of officials, and confidentiality of advice
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Free and Frank ExpressionMaintain the effective conduct of public affairs through free and frank expression of opinions by Ministers, officers, and employees; and protect them from improper pressure or harassment
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Legal Professional PrivilegeMaintain legal professional privilege
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NegotiationsEnable Ministers, departments, or organisations to carry out negotiations without prejudice or disadvantage
Exemptions are divided into two categories. Section 6 "conclusive reasons" are absolute -- if established, information must be withheld with no public interest override. Section 9(2) grounds are subject to a public interest test: even if a ground is established, information must still be released if the public interest in disclosure outweighs the need to withhold. Section 18 provides additional administrative reasons for refusal (information publicly available, does not exist, would require substantial collation or research, or request is frivolous/vexatious).
Appeal Process
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The Ombudsman is the primary and most effective review mechanism. Ombudsman recommendations are functionally binding -- they create a public duty to comply unless Cabinet exercises a veto power by Order in Council, which has never happened since the provision was introduced in 1987. The High Court provides judicial review of the decision-making process but cannot substitute its own decision on whether to release the information. There is no internal review requirement before going to the Ombudsman.
Request Templates
Records Retention
Public Records Act 2005 (NZ) No. 40
Every public office must transfer records that have been in existence for 25 years unless authorised otherwise. No disposal without approval of the Chief Archivist. The Chief Archivist sets mandatory information management standards.