Local Government Official Information and Meetings Act 1987

Review of decisions - Decisions under Part 2 and section 8

29: Requirements of Ombudsman to be complied with within certain period

You could also call this:

"Local authorities must give the Ombudsman the information they need within 20 working days."

Illustration for Local Government Official Information and Meetings Act 1987

If you are a local authority, you must follow the Ombudsman's requirements. The Ombudsman is investigating a decision you made, and they need some information from you. You have to give them this information as soon as possible, and no later than 20 working days after you receive their request. You can find more information about the Ombudsman's powers under section 19 of the Ombudsmen Act 1975. If the Ombudsman asks you for a lot of information, or if the issue is very complex, you might need more time to respond.

If you need more time, your chief executive or an authorised officer can ask for an extension. They must give the Ombudsman a notice with the new deadline and the reasons for the delay. The notice must also include any other necessary information. The extension must be for a reasonable amount of time, considering the circumstances.

You must send this notice to the Ombudsman within 20 working days of receiving their request. This notice will tell the Ombudsman how long you need to respond to their request.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM123039.


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"Investigations under this law follow rules from the Ombudsmen Act 1975, with some exceptions."


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

29Requirements of Ombudsman to be complied with within certain period

  1. Subject to this section, where, during the course of an investigation, under section 27, of any decision of any local authority, an Ombudsman, pursuant to any power conferred on that Ombudsman by section 19 of the Ombudsmen Act 1975, requires that local authority to furnish or produce to that Ombudsman any information or document or paper or thing that relates to that investigation, that local authority shall, as soon as reasonably practicable, and in no case later than 20 working days after the day on which that requirement is received by that local authority, comply with that requirement.

  2. Where any requirement to which subsection (1) applies is made to any local authority, the chief executive of that local authority or an officer or employee of that local authority authorised by that chief executive may extend the time limit set out in subsection (1) in respect of that requirement if—

  3. the requirement relates to, or necessitates a search through, a large quantity of information or a large number of documents or papers or things, and meeting the original time limit would unreasonably interfere with the operations of the local authority; or
    1. consultations necessary before the requirement can be complied with are such that the requirement cannot reasonably be complied with within the original time limit; or
      1. the complexity of the issues raised by the requirement are such that that requirement cannot reasonably be complied with within the original time limit.
        1. Any extension under subsection (2) shall be for a reasonable period of time having regard to the circumstances.

        2. The extension shall be effected by giving or posting notice of the extension to the Ombudsman within 20 working days after the day on which the requirement is received.

        3. The notice effecting the extension shall—

        4. specify the period of the extension; and
          1. give the reasons for the extension; and
            1. contain such other information as is necessary.
              Compare
              Notes
              • Section 29(2): amended, on , by section 262 of the Local Government Act 2002 (2002 No 84).