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Local Government Official Information and Meetings Act 1987

Requests for access to information held by local authorities

13: Decisions on requests

You could also call this:

"What happens when you ask a local council for information: they decide what to do with your request"

Illustration for Local Government Official Information and Meetings Act 1987

When you ask a local authority for information, they must decide what to do with your request. They have to make a decision as soon as they can, and no later than 20 working days after they get your request. They will decide whether to give you the information you asked for, and if so, how they will give it to you and whether you have to pay for it.

If a local authority is going to give you information, they can charge you for it, but the charge cannot be more than a certain amount. If there is no set amount, the charge must be reasonable and based on the cost of getting the information ready for you. The local authority might ask you to pay some or all of the charge before they give you the information.

The chief executive of the local authority, or someone they choose, will make the decision about your request. They can talk to other people to help them make the decision, but they are in charge of making it. If you change your request after you make it, the local authority might treat it like a new request, but only if you made the changes after a certain amount of time.

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This page was last updated on

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM122297.

Topics:
Government and voting > Local councilsRights and equality > Privacy
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"When a council sends your information request to someone else who might have the answer"

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"Local authorities can take a bit more time to answer your questions if they need to"

Part 2Requests for access to information held by local authorities

13Decisions on requests

  1. Subject to this Act, the local authority to which a request is made in accordance with section 10, or is transferred in accordance with section 12 of this Act or section 14 of the Official Information Act 1982, shall, as soon as reasonably practicable, and in no case later than 20 working days after the day on which the request is received by that local authority,—

  2. decide whether the request is to be granted and, if it is to be granted, in what manner and for what charge (if any); and
    1. give or post to the person who made the request notice of the decision on the request.

      1. Subject to section 23, every local authority (including a local authority whose activities are funded in whole or in part by another person) may charge for the supply of official information under this Act.

      2. Any charge for the supply of official information under this Act shall not exceed the prescribed amount.

      3. Where no such amount is prescribed, any charge fixed shall be reasonable, and regard may be had to the cost of the labour and materials involved in making the information available and to any costs incurred pursuant to a request of the applicant to make the information available urgently.

      4. The local authority may require that the whole or part of any charge be paid in advance.

      5. Where a request in accordance with section 10 is made or transferred to a local authority, the decision on that request shall be made by the chief executive of that local authority or an officer or employee of that local authority authorised by that chief executive unless that request is transferred in accordance with section 12 to another local authority or to a department, Minister of the Crown, or organisation.

      6. Nothing in subsection (5) prevents the chief executive of a local authority or any officer or employee of a local authority from consulting a local authority or any other person in relation to the decision that the chief executive or officer or employee proposes to make on any request made to the local authority in accordance with section 10 or transferred to the local authority in accordance with section 12 of this Act or section 14 of the Official Information Act 1982.

      7. If a request (the original request) is amended or clarified after the date on which it is received, the local authority that receives the request may treat the amended or clarified request as a new request that, for the purposes of subsection (1), replaces the original request.

      8. However, subsection (7) does not apply if—

      9. the original request is amended or clarified because the local authority sought an amendment to, or a clarification of, the request; and
        1. the local authority did not seek that amendment or clarification within 7 working days after receiving the original request.

          Compare
          Notes
          • Section 13(1A): inserted, on , by section 2 of the Local Government Official Information and Meetings Amendment Act (No 2) 1989 (1989 No 123).
          • Section 13(5): amended, on , by section 262 of the Local Government Act 2002 (2002 No 84).
          • Section 13(6): amended, on , by section 262 of the Local Government Act 2002 (2002 No 84).
          • Section 13(7): inserted, on , by section 8 of the Local Government Official Information and Meetings Amendment Act 2015 (2015 No 23).
          • Section 13(8): inserted, on , by section 8 of the Local Government Official Information and Meetings Amendment Act 2015 (2015 No 23).