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Local Government Act 2002

Structure and reorganisation of local government - Local Government Commission

35A: Application of Official Information Act 1982

You could also call this:

“Rules for sharing information about local government work”

The Commission creates or receives information when it looks at certain things. This includes when it considers matters under section 31, investigates reorganisation under Part 1 of Schedule 3 or Part 1 of Schedule 3A, reviews local authority-led reorganisation applications under clause 22C of Schedule 3 or clause 17 of Schedule 3A, resolves disputes, or determines appeals or objections under section 19R of the Local Electoral Act 2001.

This information is not considered official information under the Official Information Act 1982 until after the Commission has finished its work on the matter. This means you can’t ask for this information using the Official Information Act while the Commission is still working on it.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS271041.

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Part 3 Structure and reorganisation of local government
Local Government Commission

35AApplication of Official Information Act 1982

  1. This section applies to information created or received by the Commission in the course of—

  2. the consideration of any matter under section 31:
    1. a reorganisation investigation under Part 1 of Schedule 3 or Part 1 of Schedule 3A:
      1. the review of a local authority-led reorganisation application under clause 22C of Schedule 3 or clause 17 of Schedule 3A:
        1. the resolution of a dispute by the Commission under this Act or another enactment:
          1. the determination of an appeal or objection under section 19R of the Local Electoral Act 2001.

            1. Information to which this section applies is not official information for the purposes of the Official Information Act 1982 until the consideration, investigation, resolution, review, or determination has been completed.

            Notes
            • Section 35A: inserted, on , by section 20 of the Local Government Act 2002 Amendment Act 2019 (2019 No 54).
            • Section 35A(1)(b): amended, on , by section 44(1) of the Local Government Electoral Legislation Act 2023 (2023 No 57).
            • Section 35A(1)(c): amended, on , by section 44(2) of the Local Government Electoral Legislation Act 2023 (2023 No 57).