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Official Information Act 1982

Purposes and criteria

11: Exclusion of public interest immunity

You could also call this:

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

When you ask for official information, there is a rule that says some information can be kept secret if it is not in the public's best interest to know it. This rule does not apply if you are asking for information as part of an investigation by an Ombudsman or if you are applying under section 8 of the Judicial Review Procedure Act 2016 to review a decision made under this Act. You will only get the information you are already allowed to have.

If you are involved in one of these situations, some other rules still apply, like section 31, clause 8 of Schedule 2, and section 20(1) of the Ombudsmen Act 1975. These rules say what information can and cannot be shared with you. You need to follow these rules when you are asking for official information.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM65379.

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Part 1Purposes and criteria

11Exclusion of public interest immunity

  1. Subject to subsection (2), the rule of law which authorises or requires the withholding of any document, or the refusal to answer any question, on the ground that the disclosure of the document or the answering of the question would be injurious to the public interest shall not apply in respect of—

  2. any investigation by or proceedings before an Ombudsman; or
    1. any application under section 8 of the Judicial Review Procedure Act 2016 for the review of any decision under this Act;
        1. but not so as to give any party any information that he would not, apart from this section, be entitled to.

      1. Nothing in subsection (1) affects—

      2. section 31; or
        1. clause 8 of Schedule 2; or
          1. section 20(1) of the Ombudsmen Act 1975.

            Notes
            • Section 11(1)(a): amended, on , by section 53(b).
            • Section 11(1)(b): amended, on , by section 24 of the Judicial Review Procedure Act 2016 (2016 No 50).