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Local Government Official Information and Meetings Act 1987

Review of decisions - Decisions under Part 2 and section 8

27: Functions of Ombudsmen

You could also call this:

"What the Ombudsmen do to help with local authority decisions and information."

Illustration for Local Government Official Information and Meetings Act 1987

The Ombudsmen have a job to investigate and review decisions made by local authorities. You can ask the Ombudsmen to look into a decision if a local authority refuses to give you official information you asked for in accordance with section 10. The Ombudsmen can also investigate if a local authority decides how to give you the information, or if they charge you for it, as stated in section 15, section 16, or section 13.

If a local authority puts conditions on the information they give you, or if they send you a notice under section 8, you can ask the Ombudsmen to investigate. The Ombudsmen can also look into decisions made by the chief executive of a local authority, or an officer or employee, to extend a time limit under section 14.

You need to make a complaint to the Ombudsmen in writing or orally if you want them to investigate. If you make a complaint orally, you need to put it in writing as soon as possible. The Ombudsmen can investigate if a local authority takes too long to give you the information you asked for, or if they do not give it to you at all.

If a local authority refuses to give you information for certain reasons, as stated in section 17(e) to (g), the Ombudsmen may notify the Chief Archivist appointed under the Public Records Act 2005.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM123034.

Topics:
Rights and equality > PrivacyGovernment and voting > Local councils
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"When a local council can say no to your request for personal information"

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Part 5Review of decisions
Decisions under Part 2 and section 8

27Functions of Ombudsmen

  1. It shall be a function of the Ombudsmen to investigate and review any decision by which a local authority—

  2. refuses to make official information available to any person in response to a request made by that person in accordance with section 10; or
    1. decides, in accordance with section 15 or section 16, in what manner or, in accordance with section 13, for what charge a request made in accordance with section 10 is to be granted; or
      1. imposes conditions on the use, communication, or publication of information made available pursuant to a request made in accordance with section 10; or
        1. gives a notice under section 8.

          1. It shall be a function of the Ombudsmen to investigate and review any decision by which the chief executive of a local authority, or an officer or employee of a local authority authorised by its chief executive, extends any time limit under section 14.

          2. An investigation and review under subsection (1) or subsection (2) may be made by an Ombudsman only on complaint being made to an Ombudsman in writing or orally.

          3. A complaint made orally must be put in writing as soon as practicable.

          4. For the purposes of subsection (1)(a), a refusal to make official information available includes, without limitation, a failure by the local authority to comply with section 13(1)—

          5. as soon as is reasonably practicable, or at the latest within 20 working days, after receiving the request; or
            1. within an extended time limit notified under section 14(3) to the person who requested the information.

              1. Undue delay in making official information available in response to a request for that information shall be deemed, for the purposes of subsection (1), to be a refusal to make that information available.

              2. If an Ombudsman receives a complaint that a local authority has refused to make official information available for any of the reasons specified in section 17(e) to (g), the Ombudsman may notify the Chief Archivist appointed under the Public Records Act 2005.

              Compare
              Notes
              • Section 27(2): amended, on , by section 262 of the Local Government Act 2002 (2002 No 84).
              • Section 27(3): substituted, on , by section 4 of the Local Government Official Information and Meetings Amendment Act 2003 (2003 No 82).
              • Section 27(3A): inserted, on , by section 4 of the Local Government Official Information and Meetings Amendment Act 2003 (2003 No 82).
              • Section 27(4): replaced, on , by section 11(1) of the Local Government Official Information and Meetings Amendment Act 2015 (2015 No 23).
              • Section 27(6): inserted, on , by section 11(2) of the Local Government Official Information and Meetings Amendment Act 2015 (2015 No 23).
              • Section 27(6): amended, on , by section 70 of the Statutes Amendment Act 2022 (2022 No 75).