Official Information Act 1982

Purposes and criteria

9: Other reasons for withholding official information

You could also call this:

"When the government can keep information secret for good reasons"

There are times when official information can be withheld. This can happen for many reasons, such as protecting people's privacy or keeping trade secrets. You might not be able to get information if it would harm the country's economy or put people's health and safety at risk.

The government can also keep information secret if it would stop them from doing their job properly. This includes being able to have open and honest discussions without worrying about what others might think. They can also keep information secret if it would give someone an unfair advantage or if it would stop people from sharing information in the future.

There are many other reasons why official information might be withheld, such as maintaining legal privileges or stopping improper gain. The government has to consider all these factors when deciding whether to release information or not, as stated in section 5 and other relevant sections like sections 6, 7, 10, and 18. You should know that the government's decision to withhold information is based on a careful consideration of these factors.

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This page was last updated on 24 May 2025

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM65371.

Topics:

Rights and equality > PrivacyGovernment and voting > Government departments

8: Special reasons for withholding official information related to competitive commercial activities, or

"When the government doesn't share business information to keep it fair for companies"

10: Information concerning existence of certain information, or

"When you ask for information, they might not say if it exists or not to protect it"

Part 1Purposes and criteria

9Other reasons for withholding official information

Where this section applies, good reason for withholding official information exists, for the purpose of section 5, unless, in the circumstances of the particular case, the withholding of that information is outweighed by other considerations which render it desirable, in the public interest, to make that information available.
Subject to sections 6, 7, 10, and 18, this section applies if, and only if, the withholding of the information is necessary to—
protect the privacy of natural persons, including that of deceased natural persons; or
protect information where the making available of the information—
1. would disclose a trade secret; or
2. would be likely unreasonably to prejudice the commercial position of the person who supplied or who is the subject of the information; or
protect information which is subject to an obligation of confidence or which any person has been or could be compelled to provide under the authority of any enactment, where the making available of the information—
1. would be likely to prejudice the supply of similar information, or information from the same source, and it is in the public interest that such information should continue to be supplied; or
2. would be likely otherwise to damage the public interest;
avoid prejudice to measures protecting the health or safety of members of the public; or
avoid prejudice to the substantial economic interests of New Zealand; or
avoid prejudice to measures that prevent or mitigate material loss to members of the public; or
maintain the constitutional conventions for the time being which protect—
1. the confidentiality of communications by or with the Sovereign or her representative:
2. collective and individual ministerial responsibility:
3. the political neutrality of officials:
4. the confidentiality of advice tendered by Ministers of the Crown and officials; or
maintain the effective conduct of public affairs through—
1. the free and frank expression of opinions by or between or to Ministers of the Crown or members of an organisation or officers and employees of any public service agency or organisation in the course of their duty; or
2. the protection of such Ministers, members of organisations, officers, and employees from improper pressure or harassment; or
maintain legal professional privilege; or
enable a Minister of the Crown or any public service agency or organisation holding the information to carry out, without prejudice or disadvantage, commercial activities; or
enable a Minister of the Crown or any public service agency or organisation holding the information to carry on, without prejudice or disadvantage, negotiations (including commercial and industrial negotiations); or
prevent the disclosure or use of official information for improper gain or improper advantage.

Notes

Section 9(2): amended, on 1 April 1987, by section 4(2) of the Official Information Amendment Act 1987 (1987 No 8).
Section 9(2)(b): replaced, on 1 April 1987, by section 5(1) of the Official Information Amendment Act 1987 (1987 No 8).
Section 9(2)(ba): inserted, on 1 April 1987, by section 5(1) of the Official Information Amendment Act 1987 (1987 No 8).
Section 9(2)(g)(i): amended, on 7 August 2020, by section 135 of the Public Service Act 2020 (2020 No 40).
Section 9(2)(g)(i): amended, on 1 April 1987, by section 5(2) of the Official Information Amendment Act 1987 (1987 No 8).
Section 9(2)(g)(ii): amended, on 1 April 1987, by section 5(3) of the Official Information Amendment Act 1987 (1987 No 8).
Section 9(2)(i): replaced, on 1 April 1987, by section 5(4) of the Official Information Amendment Act 1987 (1987 No 8).
Section 9(2)(i): amended, on 7 August 2020, by section 135 of the Public Service Act 2020 (2020 No 40).
Section 9(2)(j): replaced, on 1 April 1987, by section 5(4) of the Official Information Amendment Act 1987 (1987 No 8).
Section 9(2)(j): amended, on 7 August 2020, by section 135 of the Public Service Act 2020 (2020 No 40).