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Local Government Official Information and Meetings Act 1987

Review of decisions - Decisions under Part 2 and section 8

34: Right of review

You could also call this:

"You can ask a court to check if a decision about your information request was fair and correct."

Illustration for Local Government Official Information and Meetings Act 1987

If you make a request under section 10 and a decision is made about it under section 32(1), you can ask the High Court to review that decision. You can do this if you think the decision was wrong. The High Court will look at your application.

You can ask the High Court to review the decision if you think it was beyond the powers given by sections 32 and 33 or was otherwise wrong in law. The High Court can then make a decision about your application. They might say the decision was valid or that it was wrong.

If you ask the High Court to review a decision, they will usually order the local authority that made the decision to pay your costs, unless they think you did not bring the application in a reasonable or proper way. This means you will not have to pay for the costs of asking for the review, as long as you did it properly. The local authority will pay for your costs.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM123047.

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Government and voting > Local councilsRights and equality > Privacy
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"If you disagree with a decision, you can appeal to a higher court for a review."

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

34Right of review

  1. Where—

  2. a recommendation is made under section 30(1) in respect of a request made under section 10; and
    1. a decision is made under section 32(1) in respect of that recommendation,—
        1. the person who made that request may apply to the High Court for a review of that decision.

      1. An application under subsection (1) may be made on the ground that the decision was beyond the powers conferred by sections 32 and 33 or was otherwise wrong in law.

      2. On an application under subsection (1), the High Court may—

      3. make an order confirming that the decision was validly made; or
        1. make an order declaring that the decision was beyond the powers conferred by sections 32 and 33 or was otherwise wrong in law.

          1. Unless the High Court is satisfied that an application brought under subsection (1) has not been reasonably or properly brought, it shall, in determining the application and irrespective of the result of the application, order that the costs of the applicant on a solicitor and client basis shall be paid by the local authority that made the decision in respect of which the application is brought.

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