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Local Government Official Information and Meetings Act 1987

Publication of, and access to, certain documents and information

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

You could also call this:

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

Illustration for Local Government Official Information and Meetings Act 1987

If a local authority makes a decision about you, you have the right to know why they made that decision. You can ask them to give you a written statement that explains their decision. This statement should include the facts they based their decision on, the information they used to make their decision, and the reasons for their decision.

When you ask for this information, the local authority should give it to you within a reasonable time. However, there are some exceptions where they might not be able to give you all the information. For example, if the information is about your health, they might not give it to you if it could harm your health.

A local authority is also not allowed to give you information that was given to them in confidence, such as information from someone who did not want their identity revealed. In some cases, they might not give you information if it could harm someone else or if it is not in your best interests. You can find more information about what a local authority can and cannot give you by looking at sections 6, 7(2)(b), 8, and 44.

The local authority will follow the same rules for giving you this information as they do for other types of requests, which are explained in sections 10(3), 11 to 14, and 18. A medical practitioner is someone who is registered with the Medical Council of New Zealand, which is explained in section 114(1)(a) of the Health Practitioners Competence Assurance Act 2003.

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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=DLM123017.

Topics:
Government and voting > Local councilsRights and equality > Privacy
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21: Right of access to internal rules affecting decisions, or

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

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23: Right of access to personal information, or

"You can ask to see and correct information about yourself that others have recorded."

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

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

  1. Subject to sections 6, 7(2)(b), 8, and 44, where a local authority makes, on or after 1 March 1988, a decision or recommendation in respect of any person, being a decision or recommendation in respect of that person in that person's personal capacity, that person has the right to and shall, on request made within a reasonable time of the making of the decision or recommendation, be given a written statement of—

  2. the findings on material issues of fact; and
    1. subject to subsection (1A), a reference to the information on which the findings were based; and
      1. the reasons for the decision or recommendation.

        1. A reference to the information on which any findings were based need not be given under subsection (1)(b) if—

        2. the disclosure of the information or of information identifying the person who supplied it, being evaluative material, would breach an express or implied promise—
          1. which was made to the person who supplied the information; and
            1. which was to the effect that the information or the identity of the person who supplied it or both would be held in confidence; or
            2. after consultation undertaken (where practicable) by or on behalf of the local authority with a natural person's medical practitioner, the local authority is satisfied that—
              1. the information relates to that person; and
                1. the disclosure of the information (being information that relates to the physical or mental health of the person making the request under this section) would be likely to prejudice the physical or mental health of that person; or
                2. in the case of a natural person under the age of 16, the disclosure of that information would be contrary to that person's interests; or
                  1. the disclosure of that information (being information in respect of a person who has been convicted of an offence or is or has been detained in custody) would be likely to prejudice the safe custody or the rehabilitation of that person.

                    1. For the purposes of subsection (1A), the term evaluative material means evaluative or opinion material compiled solely—

                    2. for the purpose of determining the suitability, eligibility, or qualifications of the person to whom the material relates—
                      1. for employment or for appointment to office; or
                        1. for promotion in employment or office or for continuation in employment or office; or
                          1. for removal from employment or office; or
                            1. for the awarding of contracts, awards, scholarships, honours, or other benefits; or
                            2. for the purpose of determining whether any contract, award, scholarship, honour, or benefit should be continued, modified, or cancelled.

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

                              2. In subsection (1A)(b), medical practitioner means a health practitioner who is, or is deemed to be, registered with the Medical Council of New Zealand continued by section 114(1)(a) of the Health Practitioners Competence Assurance Act 2003 as a practitioner of the profession of medicine.

                              Compare
                              Notes
                              • Section 22(1)(b): amended, on , by section 4(1) of the Local Government Official Information and Meetings Amendment Act 1993 (1993 No 37).
                              • Section 22(1A): inserted, on , by section 4(2) of the Local Government Official Information and Meetings Amendment Act 1993 (1993 No 37).
                              • Section 22(1B): inserted, on , by section 4(2) of the Local Government Official Information and Meetings Amendment Act 1993 (1993 No 37).
                              • Section 22(3): added, on , by section 175(1) of the Health Practitioners Competence Assurance Act 2003 (2003 No 48).