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Local Government Official Information and Meetings Act 1987

Requests for access to information held by local authorities

18: Reason for refusal to be given

You could also call this:

"If a local authority says no to your information request, they must tell you why."

Illustration for Local Government Official Information and Meetings Act 1987

If you ask a local authority for information and they say no, they must tell you why they refused your request. They must give you the reason for saying no, and if you ask, they must also give you the details that support that reason, unless it would harm the things that sections 6 and 7 are trying to protect. You also have the right to complain to an Ombudsman about the local authority's decision, and the local authority must tell you about this right, including how to make a complaint under section 27(3).

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM123010.

Topics:
Government and voting > Local councilsRights and equality > Privacy
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17B: Duty to consider consulting person if request likely to be refused under section 17(e) or (f), or

"Local authorities must think about discussing your request with you before saying no to it."

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19: Publication setting out functions of local authorities, or

"Local councils must publish what they do"

Part 2Requests for access to information held by local authorities

18Reason for refusal to be given

  1. Where a request made in accordance with section 10 is refused, the local authority shall—

  2. subject to section 8, give to the applicant—
    1. the reason for its refusal; and
      1. if the applicant so requests, the grounds in support of that reason, unless the giving of those grounds would itself prejudice the interests protected by section 6 or section 7 and (in the case of the interests protected by section 7) there is no countervailing public interest; and
      2. give to the applicant information concerning the applicant's right, by way of complaint under section 27(3) to an Ombudsman, to seek an investigation and review of the refusal.

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