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Local Government Official Information and Meetings Act 1987

Access to local authority information

9: Exclusion of public interest immunity

You could also call this:

"Councils must share information with you, even if it's usually secret, when an Ombudsman is investigating or you're reviewing a decision."

Illustration for Local Government Official Information and Meetings Act 1987

If you want to get information from your local council, there is a rule that usually lets them keep some things secret if it is not in the public's best interest. However, this rule does not apply if an Ombudsman is investigating a decision made under this Act or if you are applying under section 8 of the Judicial Review Procedure Act 2016 to review a decision made under this Act. You will only get the information you would normally be allowed to have.

This does not change other rules, such as those in section 31 or section 20(1) of the Ombudsmen Act 1975.

You can still only get the information that you are normally allowed to have, even if an Ombudsman is investigating or you are applying for a review under section 8 of the Judicial Review Procedure Act 2016.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM122290.

Topics:
Government and voting > Local councilsRights and equality > Privacy
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"When you ask for information, the council might not say if it exists to keep it safe."

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"Asking for information from your local council"

Part 1Access to local authority information

9Exclusion of public interest immunity

  1. Subject to subsection (2), the rule of law which authorises or requires the withholding of any document, or the refusal to answer any question, on the ground that the disclosure of the document or the answering of the question would be injurious to the public interest shall not apply in respect of—

  2. an investigation by or proceedings before an Ombudsman in relation to any decision under this Act; or
    1. any application under section 8 of the Judicial Review Procedure Act 2016 for the review of any decision under this Act;—
        1. but not so as to give any party any information that that party would not, apart from this section, be entitled to.

      1. Nothing in subsection (1) affects—

      2. section 31; or
        1. section 20(1) of the Ombudsmen Act 1975.

          Compare
          Notes
          • Section 9(1)(b): amended, on , by section 24 of the Judicial Review Procedure Act 2016 (2016 No 50).