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Local Government Official Information and Meetings Act 1987

Publication of, and access to, certain documents and information

21: Right of access to internal rules affecting decisions

You could also call this:

"You can ask to see the rules that affect decisions made about you by your local council."

Illustration for Local Government Official Information and Meetings Act 1987

You have the right to see documents that local authorities use to make decisions about you. These documents can include policies, principles, rules, or guidelines that affect you personally. You can ask to see these documents and the local authority must give them to you, unless there is a good reason not to, as stated in sections 6, 7(2)(a), (b), (c), (h), and (i), 8, and 44.

If some information in the document needs to be kept secret, the local authority can give you a copy with some parts removed or changed. They can also give you another document that explains what the original document says, except for the secret parts. The local authority must follow certain rules, such as those in sections 10(2) and (3), 11 to 14, and 18, when you ask to see these documents.

When the local authority gives you a document with some parts removed, they must tell you why they removed those parts. If you ask, they must also give you the reasons why they kept that information secret, unless it would harm someone or something protected by section 6 or section 7(2)(a) or (b) or (c) or (h) or (i).

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM123016.

Topics:
Government and voting > Local councilsRights and equality > Privacy
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20: Right of access to publication published under section 19, or

"Right to see certain council publications"

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22: Right of access by person to reasons for decisions affecting that person, or

"Know why a local authority made a decision about you"

Part 3Publication of, and access to, certain documents and information

21Right of access to internal rules affecting decisions

  1. Subject to sections 6, 7(2)(a), (b), (c), (h), and (i), 8, and 44, every person has a right to and shall, on request made under this section, be given access to any document (including a manual) which is held by a local authority and which contains policies, principles, rules, or guidelines in accordance with which decisions or recommendations are made in respect of any person or body of persons in that person's or that body of persons' personal capacity.

  2. Sections 10(2) and (3), 11 to 14, and 18 shall apply, with all necessary modifications, to a request made under subsection (1).

  3. Where by virtue of any of the provisions of section 6 and section 7(2)(a), (b), (c), (h), and (i), there is good reason for withholding some of the information contained in a document to which subsection (1) relates, the local authority shall, unless it is impracticable to do so, either—

  4. make a copy of that document available with such deletions or alterations as are necessary; or
    1. provide another document stating the substance and effect of the document except as it relates to the information withheld.

      1. Where a document is made available under subsection (3), the local authority shall, subject to section 8, give to the applicant—

      2. the reason for withholding the information; 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(2)(a) or (b) or (c) or (h) or (i) and (in the case of the interests protected by section 7(2)(a) or (b) or (c) or (h) or (i)) there is no countervailing public interest.

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