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Official Information Act 1982

Requests for access to official information

15: Decisions on requests

You could also call this:

"What happens when you ask for official information: how it's decided and what you might have to pay"

When you ask for official information, the department or organisation must decide on your request as soon as possible. They have to make a decision within 20 working days of getting your request. They will decide whether to give you the information you asked for and how they will give it to you. They may also charge you for the information.

If you change or clarify your request after you make it, the department or organisation might treat it as a new request. However, they cannot do this if they asked you to change or clarify your request and they did not ask you to do this within 7 working days of getting your original request.

The department or organisation can charge you for the information, but the charge must be reasonable. They can consider the cost of labour and materials to make the information available. They might ask you to pay some or all of the charge before they give you the information.

The decision on your request will be made by the chief executive of the department or someone they authorise. They can talk to a Minister or someone else about the decision, but they still have to make the decision. You can find more information about how to make a request in section 12 of this Act or section 12 of the Local Government Official Information and Meetings Act 1987.

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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=DLM65390.

Topics:
Rights and equality > PrivacyGovernment and voting > Government departments
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14: Transfer of requests, or

"When to send your information request to another department or organisation"

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15A: Extension of time limits, or

"More time to answer your questions about official information"

Part 2Requests for access to official information

15Decisions on requests

  1. Subject to this Act, the department or interdepartmental venture or Minister of the Crown or organisation to whom a request is made in accordance with section 12 or is transferred in accordance with section 14 of this Act or section 12 of the Local Government Official Information and Meetings Act 1987 shall, as soon as reasonably practicable, and in any case not later than 20 working days after the day on which the request is received by that department or venture or Minister of the Crown or organisation,—

  2. decide whether the request is to be granted and, if it is to be granted, in what manner and for what charge (if any); and
    1. give or post to the person who made the request notice of the decision on the request.

      1. If a request (the original request) is amended or clarified after the date on which it is received, the department or venture or Minister of the Crown or organisation that receives the request may treat the amended or clarified request as a new request that, for the purposes of subsection (1), replaces the original request.

      2. However, subsection (1AA) does not apply if—

      3. the original request is amended or clarified because the department or venture or Minister of the Crown or organisation to which the request was made sought an amendment to, or a clarification of, the request; and
        1. the department or venture or Minister of the Crown or organisation did not seek that amendment or clarification within 7 working days after receiving the original request.

          1. Subject to section 24, every department or venture or Minister of the Crown or organisation (including an organisation whose activities are funded in whole or in part by another person) may charge for the supply of official information under this Act.

          2. Any charge fixed shall be reasonable and regard may be had to the cost of the labour and materials involved in making the information available and to any costs incurred pursuant to a request of the applicant to make the information available urgently.

          3. The department or venture or Minister of the Crown or organisation may require that the whole or part of any charge be paid in advance.

          4. Where a request in accordance with section 12 is made or transferred to a department or an interdepartmental venture, the decision on that request must be made by the chief executive of the department or the board of the venture or an officer or employee of the department or venture authorised by that chief executive or board unless that request is transferred in accordance with section 14 to another department or venture, a Minister of the Crown, an organisation, or a local authority.

          5. Nothing in subsection (4) prevents the chief executive or board or officer or employee from consulting a Minister of the Crown or any other person in relation to the decision that the chief executive or board or officer or employee proposes to make on any request made to the department or venture in accordance with section 12 of this Act or transferred to the department or venture in accordance with section 14 of this Act or section 12 of the Local Government Official Information and Meetings Act 1987.

          Notes
          • Section 15: replaced, on , by section 8(1) of the Official Information Amendment Act 1987 (1987 No 8).
          • Section 15(1): amended, on , by section 135 of the Public Service Act 2020 (2020 No 40).
          • Section 15(1): amended, on , by section 57(1) of the Local Government Official Information and Meetings Act 1987 (1987 No 174).
          • Section 15(1AA): inserted, on , by section 6 of the Official Information Amendment Act 2015 (2015 No 29).
          • Section 15(1AA): amended, on , by section 135 of the Public Service Act 2020 (2020 No 40).
          • Section 15(1AB): inserted, on , by section 6 of the Official Information Amendment Act 2015 (2015 No 29).
          • Section 15(1AB)(a): amended, on , by section 135 of the Public Service Act 2020 (2020 No 40).
          • Section 15(1AB)(b): amended, on , by section 135 of the Public Service Act 2020 (2020 No 40).
          • Section 15(1A): inserted, on , by section 2 of the Official Information Amendment Act 1989 (1989 No 122).
          • Section 15(1A): amended, on , by section 135 of the Public Service Act 2020 (2020 No 40).
          • Section 15(3): amended, on , by section 135 of the Public Service Act 2020 (2020 No 40).
          • Section 15(4): replaced, on , by section 135 of the Public Service Act 2020 (2020 No 40).
          • Section 15(5): replaced, on , by section 135 of the Public Service Act 2020 (2020 No 40).