Official Information Act 1982

Purposes and criteria

10: Information concerning existence of certain information

You could also call this:

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

If you ask for some information under this Act, the department or Minister might not tell you if that information exists or not. This happens when the information is protected by sections like section 6 or section 7 or section 9(2)(b), and saying whether it exists or not could cause problems. The department or Minister can send you a written notice saying they will not confirm or deny that the information exists.

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This page was last updated on

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM65377.


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


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11: Exclusion of public interest immunity, or

"Some official information can be kept secret if it's not good for the public to know, but not always."

Part 1Purposes and criteria

10Information concerning existence of certain information

  1. Where a request under this Act relates to information to which section 6 or section 7 or section 9(2)(b) applies, or would, if it existed, apply, the department (for itself and for a departmental agency hosted by it or an interdepartmental executive board serviced by it) or interdepartmental venture or Minister of the Crown or organisation dealing with the request may, if it or he is satisfied that the interest protected by section 6 or section 7 or section 9(2)(b) would be likely to be prejudiced by the disclosure of the existence or non-existence of such information, give notice in writing to the applicant that it or he neither confirms nor denies the existence or non-existence of that information.

Notes
  • Section 10: amended, on , by section 135 of the Public Service Act 2020 (2020 No 40).
  • Section 10: amended, on , by section 4(2) of the Official Information Amendment Act 1987 (1987 No 8).