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Local Government Official Information and Meetings Act 1987

Review of decisions - Decisions under Part 2 and section 8

37: Restriction on application for review

You could also call this:

"You can't go to court to challenge a decision about your information request without complaining first."

Illustration for Local Government Official Information and Meetings Act 1987

If you ask for official information under this Act and a decision is made about your request, you cannot apply for a review of that decision under section 8 of the Judicial Review Procedure Act 2016. You also cannot start court proceedings to challenge the decision. You must first make a complaint about the decision and have it dealt with under this Part. This rule applies if the decision is made under section 27(1) or section 27(2).

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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=DLM123050.

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

37Restriction on application for review

  1. Where any person makes a request under this Act that official information be made available to that person and a decision to which section 27(1) or section 27(2) applies is made in relation to that request, that person—

  2. shall not make an application under section 8 of the Judicial Review Procedure Act 2016 for the review of that decision; and
    1. shall not commence any proceedings in which that decision is sought to be challenged, quashed, or called in question in any court,—
        1. unless a complaint made by that person in respect of that decision has first been determined under this Part.

      Compare
      Notes
      • Section 37(a): amended, on , by section 24 of the Judicial Review Procedure Act 2016 (2016 No 50).