2Interpretation

1. In this Act, unless the context otherwise requires,—

   department means a government department named in Part 1 of Schedule 1 of the Ombudsmen Act 1975 (other than the Parliamentary Counsel Office)

   document means a document in any form; and includes—

   1. any writing on any material:
   2. any information recorded or stored by means of any tape-recorder, computer, or other device; and any material subsequently derived from information so recorded or stored:
   3. any label, marking, or other writing that identifies or describes any thing of which it forms part, or to which it is attached by any means:
   4. any book, map, plan, graph, or drawing:
   5. any photograph, film, negative, tape, or other device in which 1 or more visual images are embodied so as to be capable (with or without the aid of some other equipment) of being reproduced

   Independent Monitor of the Oranga Tamariki System has the same meaning as in section 8(1) of the Oversight of Oranga Tamariki System Act 2022

   international organisation means any organisation of States or governments of States or any organ or agency of any such organisation; and includes the Commonwealth Secretariat

   local authority means a local authority or public body named or specified in Schedule 1 of the Local Government Official Information and Meetings Act 1987

   member means, in relation to an organisation, any person (not being an officer or employee of the organisation) who, whether by election or appointment or otherwise, holds office as a member of the organisation; and includes—

   1. where the organisation is a company or corporation, a director; and
   2. where the organisation is a trust, a trustee; and
   3. any temporary, acting, or alternative member of the organisation

   Minister of the Crown includes a Parliamentary Under-Secretary

   official information—

   1. means any information held by—
      1. a public service agency; or
      2. a Minister of the Crown in his official capacity; or
      3. an organisation; and
   2. includes any information held outside New Zealand by any branch or post of—
      1. a public service agency; or
      2. an organisation; and
   3. in relation to information held by the Ministry of Justice, includes information held by the Rules Committee appointed under section 155 of the Senior Courts Act 2016; and
   4. in relation to information held by a university (including Lincoln University), includes only information held by—
      1. the Council of the university; or
      2. the Senate, Academic Board, or Professorial Board of the university; or
      3. any member of the academic staff of the university; or
      4. any other officer or employee of the university; or
      5. any examiner, assessor, or moderator in any subject or examination taught or conducted by the university; but
   5. does not include information contained in—
      1. library or museum material made or acquired and preserved solely for reference or exhibition purposes; or
      2. material placed in the National Library of New Zealand Te Puna Mātauranga o Aotearoa by or on behalf of persons other than Ministers of the Crown in their official capacity or public service agencies; or
      3. any oral history provided to the National Library of New Zealand Te Puna Mātauranga o Aotearoa in accordance with section 10 of the National Library of New Zealand (Te Puna Mātauranga o Aotearoa) Act 2003; and
   6. does not include any information which is held by a public service agency, Minister of the Crown, or organisation solely as an agent or for the sole purpose of safe custody and which is so held on behalf of a person other than a public service agency or a Minister of the Crown in his official capacity or an organisation; and
   7. does not include any information held by Public Trust or the Māori Trustee—
      1. in their capacity as trustee within the meaning of the Trusts Act 2019; or
      2. in any other fiduciary capacity; and
   8. does not include evidence given or submissions made to—
      1. a Royal Commission; or
      2. a commission of inquiry appointed by an Order in Council made under the Commissions of Inquiry Act 1908; or
      3. a commission of inquiry or board of inquiry or court of inquiry or committee of inquiry appointed, pursuant to, and not by, any provision of an Act, to inquire into a specified matter; and
   9. does not include—
      1. any matter subject to an order under section 15(1)(a) of the Inquiries Act 2013; or
      2. documents referred to in section 32(2)(b) of the Inquiries Act 2013; and
   10. subject to paragraph (ia), does not include information contained in any correspondence or communication which has taken place between the office of the Ombudsmen and any public service agency or Minister of the Crown or organisation and which relates to an investigation conducted by an Ombudsman under this Act or under the Ombudsmen Act 1975, other than information that came into existence before the commencement of that investigation; and
   11. does not include information contained in any correspondence or communication that has taken place between an Ombudsman and any public service agency, Minister of the Crown, or organisation and that relates to—
       1. an agency delivering services or support to children and young people through the Oranga Tamariki system and the performance or potential performance of functions under the Ombudsmen Act 1975, whether or not an investigation is or was notified by an Ombudsman under that Act:
       2. the provision of guidance by an Ombudsman under section 40 of the Oversight of Oranga Tamariki System Act 2022, other than information that came into existence before the commencement of the process to give such guidance; and
   12. does not include information provided by an Ombudsman to the Independent Monitor of the Oranga Tamariki System under section 51 of the Oversight of Oranga Tamariki System Act 2022; and
   13. does not include information contained in any correspondence or communication that has taken place between the office of the Privacy Commissioner and any public service agency or Minister of the Crown or organisation and that relates to any investigation conducted by the Privacy Commissioner under the Privacy Act 2020, other than information that came into existence before the commencement of that investigation; and
   14. does not include information contained in a victim impact statement (as defined in section 17AA of the Victims' Rights Act 2002); and
   15. does not include any evidence, submissions, or other information given or made to—
       1. the Judicial Conduct Commissioner, the Deputy Judicial Conduct Commissioner, or a Judicial Conduct Panel, in relation to any matter under the Judicial Conduct Commissioner and Judicial Conduct Panel Act 2004; or
       2. the Judicial Complaints Lay Observer; and
   16. does not include information provided to the Government Statistician solely for research by or on behalf of an individual or an organisation (as defined in section 6 of the Data and Statistics Act 2022); and
   17. does not include any working document or internal record, or any other information, document, or other thing, that is created by a person specified in section 37(1)(a) to (f) of the Inspector-General of Defence Act 2023 in the course of an investigation or assessment under that Act.

   Ombudsmen means the Ombudsmen holding office under the Ombudsmen Act 1975

   Oranga Tamariki system has the meaning given in section 9 of the Oversight of Oranga Tamariki System Act 2022

   organisation means—

   1. an organisation named in Part 2 of Schedule 1 of the Ombudsmen Act 1975 (other than the Parliamentary Service or mortality review committees):
   2. an organisation named in Schedule 1 of this Act

   permanent resident of New Zealand means a person who—

   1. resides in New Zealand; and
   2. is not—
      1. a person to whom section 15 or 16 of the Immigration Act 2009 applies (except if the person has been granted a visa or entry permission in accordance with section 17 of that Act); or
      2. a person obliged by or under that Act to leave New Zealand immediately or within a specified time; or
      3. treated for the purposes of that Act as being unlawfully in New Zealand

   person includes a corporation sole, and also a body of persons, whether corporate or unincorporate

   personal information means any official information held about an identifiable person

   public service agencies and public service agency have the same meanings as in section 2(1) of the Ombudsmen Act 1975 (but for the purposes of this Act do not include the Parliamentary Counsel Office)

   State enterprise means—

   1. an organisation that is a State enterprise within the meaning of section 2 of the State-Owned Enterprises Act 1986 and that is named in Schedule 1 of this Act:
   2. an organisation that was a State enterprise within the meaning of section 2 of the State-Owned Enterprises Act 1986 but which continues to be named in Schedule 1 of this Act

   statutory officer means a person—

   1. holding or performing the duties of an office established by an enactment; or
   2. performing duties expressly conferred on him by virtue of his office by an enactment

   working day means any day of the week other than—

   1. a Saturday, a Sunday, Waitangi Day, Good Friday, Easter Monday, Anzac Day, the Sovereign’s birthday, Te Rā Aro ki a Matariki/Matariki Observance Day, and Labour Day; and
   2. if Waitangi Day or Anzac Day falls on a Saturday or a Sunday, the following Monday; and
   3. a day in the period commencing with 25 December in any year and ending with 15 January in the following year.

2. For the purposes of Schedule 1, a company registered under the Companies Act 1993 is a related company of a State enterprise if the State enterprise, whether alone or together with any other State enterprise, directly or indirectly owns, or controls the exercise of all the voting rights attaching to, the issued shares of the company (other than shares that carry no right to participate beyond a specified amount in a distribution of either profits or capital).

3. Where information is held by an unincorporated body (being a board, council, committee, subcommittee, or other body, but not being a mortality review committee)—

4. which is established for the purpose of assisting or advising, or performing functions connected with, any public service agency or Minister of the Crown or organisation; and
5. which is so established in accordance with the provisions of any enactment or by any public service agency or Minister of the Crown or organisation,—
that information shall, for the purposes of this Act, be deemed—
6. in any case where that body is established in respect of any public service agency or organisation, to be information held by that public service agency or organisation; and
7. in any case where that body is established in respect of a Minister of the Crown, to be information held by that Minister.

8. Where subsection (2) applies in respect of any unincorporated body and that body is established for the purpose of assisting, advising, or performing functions connected with any public service agency or organisation, that unincorporated body shall, for the purposes of this Act, be deemed to be part of that public service agency or organisation.

9. Subject to subsection (4A), information held by an officer or employee or member of a public service agency or organisation in that person's capacity as such an officer or employee or member or in that person's capacity as a statutory officer shall, for the purposes of this Act, be deemed to be held by the public service agency or organisation of which that person is an officer or employee or member.

10. Nothing in subsection (4) applies in respect of any information that any officer or employee or member of a public service agency or organisation would not hold but for that person's membership of, or connection with, a body other than a public service agency or organisation, except where that membership or connection is in that person's capacity as an officer or employee or member of that public service agency or organisation or as a statutory officer.

11. Any information held by an independent contractor engaged by any public service agency or Minister of the Crown or organisation in his capacity as such contractor shall, for the purposes of this Act, be deemed to be held by the public service agency or Minister of the Crown or organisation.

12. For the avoidance of doubt, it is hereby declared that the terms public service agency and organisation do not include—

13. a court; or
14. in relation to its judicial functions, a tribunal; or
15. in relation to its judicial functions, a Crown entity within the meaning of the Crown Entities Act 2004; or
16. a Royal Commission; or
17. a commission of inquiry appointed by an Order in Council made under the Commissions of Inquiry Act 1908; or
18. a commission of inquiry or board of inquiry or court of inquiry or committee of inquiry appointed, pursuant to, and not by, any provision of an Act, to inquire into a specified matter; or
19. an inquiry to which section 6 of the Inquiries Act 2013 applies; or
20. the Judicial Conduct Commissioner, the Deputy Judicial Conduct Commissioner, or a Judicial Conduct Panel under the Judicial Conduct Commissioner and Judicial Conduct Panel Act 2004; or
21. the Judicial Complaints Lay Observer.