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Local Government Official Information and Meetings Act 1987

Miscellaneous provisions relating to access to official information

41: Protection against certain actions

You could also call this:

"You're protected if a local authority gives you information, you can't sue them for sharing it with you."

Illustration for Local Government Official Information and Meetings Act 1987

If you get official information from a local authority under Part 2, Part 3, or Part 4, you cannot take them to court for giving you that information. You also cannot take them to court for anything that happens because they gave you that information. When a local authority gives you official information because you asked for it under Part 2, Part 3, or Part 4, it does not mean they are saying it is okay to share that information with others. If someone writes the information and gives it to a local authority, you cannot take them to court either, because they were just providing the information to the local authority.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM123058.

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Government and voting > Local councilsRights and equality > Privacy
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40: Saving in respect of Ombudsmen Act 1975, or

"The law about Ombudsmen, who help keep the government fair, still applies as stated in the [Ombudsmen Act 1975](https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM430983)."

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42: Delegation of powers by local authority, or

"A local authority can pass on some of its jobs to an employee, who can then do those jobs as if they were in charge."

Part 6Miscellaneous provisions relating to access to official information

41Protection against certain actions

  1. Where any official information is made available in good faith pursuant to Part 2 or Part 3 or Part 4 by any local authority,—

  2. no proceedings, civil or criminal, shall lie against the local authority or any other person in respect of the making available of that information, or for any consequences that flow from the making available of that information; and
    1. no proceedings, civil or criminal, in respect of any publication involved in, or resulting from, the making available of that information shall lie against the author of the information or any other person by reason of that author or other person having supplied the information to a local authority.

      1. The making available of, or the giving of access to, any official information in consequence of a request made under Part 2 or Part 3 or Part 4 shall not be taken, for the purposes of the law relating to defamation or breach of confidence or infringement of copyright, to constitute an authorisation or approval of the publication of the document or of its contents by the person to whom the information is made available or the access is given.

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