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Local Government Official Information and Meetings Act 1987

Right of access to personal information

26: Reasons for refusal of requests for personal information

You could also call this:

"When a local council can say no to your request for personal information"

Illustration for Local Government Official Information and Meetings Act 1987

You can ask a local authority for personal information under section 23(1). They can refuse your request if disclosing the information would harm certain interests protected by section 6 or section 7(2)(b).

You are not allowed to see the information if it would unfairly show someone else's personal business or a dead person's business.

A local authority can also refuse your request if the information was given to them in confidence, and they promised to keep it secret. They can refuse if the information is protected by legal professional privilege.

If your request is not serious or the information you want is not important, they can refuse it.

The local authority can only refuse your request for the reasons listed.

When a local authority talks about evaluative material, they mean opinions or evaluations made to decide if someone should get a contract, award, or benefit.

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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=DLM123028.

Topics:
Government and voting > Local councilsRights and equality > Privacy
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Part 4Right of access to personal information

26Reasons for refusal of requests for personal information

  1. A local authority may refuse to disclose any personal information requested under section 23(1), if, and only if,—

  2. the disclosure of the information would be likely to prejudice any of the interests protected by section 6 or section 7(2)(b) and (in the case of the interests protected by section 7(2)(b)) there is no countervailing public interest; or
    1. the disclosure of the information would involve the unwarranted disclosure of the affairs of another person or of a deceased person; or
      1. 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
                1. the disclosure of the information would breach legal professional privilege; or
                  1. the request is frivolous or vexatious, or the information requested is trivial.

                    1. No reasons other than 1 or more of the reasons set out in subsection (1) justifies a refusal to disclose any personal information requested under section 23(1).

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

                    3. for the purpose of determining the suitability, eligibility, or qualifications of the person to whom the material relates for the awarding of contracts, awards, or other benefits; or
                      1. for the purpose of determining whether any contract, award, or benefit should be continued, modified, or cancelled.

                        Compare
                        Notes
                        • Section 26(1)(d): repealed, on , by section 6(1) of the Local Government Official Information and Meetings Amendment Act 1993 (1993 No 37).
                        • Section 26(1)(e): repealed, on , by section 6(1) of the Local Government Official Information and Meetings Amendment Act 1993 (1993 No 37).
                        • Section 26(1)(f): repealed, on , by section 6(1) of the Local Government Official Information and Meetings Amendment Act 1993 (1993 No 37).
                        • Section 26(3): substituted, on , by section 6(2) of the Local Government Official Information and Meetings Amendment Act 1993 (1993 No 37).