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Crown Entities Act 2004

Operation of Crown entities - Miscellaneous provisions

134: Good reasons for refusing to supply requested information

You could also call this:

"When can you be refused information?"

Illustration for Crown Entities Act 2004

You can be refused information if it would hurt someone's privacy. The Crown entity might refuse if giving the information would stop them from doing their job properly. You can find more about this in the Official Information Act 1982. You will not be refused information if the Minister needs it to do their job. The Crown entity can only refuse information for the reasons stated. They cannot refuse information if it could be given under the Official Information Act 1982. A Crown entity company or subsidiary cannot use section 178 of the Companies Act 1993 to refuse giving information. This means they have to give the information if it is requested. The rules about refusing information are clear and must be followed.

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Government and voting > Government departmentsRights and equality > Privacy
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Part 3Operation of Crown entities
Miscellaneous provisions

134Good reasons for refusing to supply requested information

  1. A request for information under section 133 may be refused if—

  2. the withholding of the information is necessary to protect the privacy of a person (whether or not a natural person or a deceased person); or
    1. the supply of the information would limit the ability of the Crown entity, or of any of its employees, members, or office holders, to act judicially, or to carry out the statutorily independent functions of the entity, in relation to a particular matter.

      1. The reason in subsection (1)(a) applies only if it is not out-weighed by the Minister's need to have the information in order to discharge the Minister's ministerial duties.

      2. The information cannot be withheld other than for the reasons in subsection (1), and cannot be withheld at all if it could not properly be withheld under the Official Information Act 1982.

      3. Section 178 of the Companies Act 1993 does not entitle a Crown entity company or Crown entity subsidiary to refuse to provide information requested under this subpart.

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