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Official Information Act 1982

Requests for access to official information

19: Reason for refusal to be given

You could also call this:

"When official information is refused, you are told why it was refused and can ask for it to be checked."

If you ask for official information and it is refused, you will be told why. You might also be given more details about the reason for the refusal if you ask for them, unless giving those details would cause problems for the reasons mentioned in section 6, section 7, or section 9. If the reason is related to section 9, the details will only be kept secret if there is no good reason for you to know them.

You will also be told that you can complain to an Ombudsman about the refusal, using section 28(3), and ask them to investigate and review the decision. This means you can get someone to check if the refusal was fair or not. The Ombudsman can help you figure out what to do next.

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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=DLM65608.

Topics:
Rights and equality > PrivacyGovernment and voting > Government departments
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20: Publication setting out functions of public service agencies and organisations, or

"What public service agencies do and how to get information from them"

Part 2Requests for access to official information

19Reason for refusal to be given

  1. Where a request made in accordance with section 12 is refused, the department or interdepartmental venture or Minister of the Crown or organisation, shall,—

  2. subject to section 10, give to the applicant—
    1. the reason for its refusal; and
      1. if the applicant so requests, the grounds in support of that reason, unless the giving of those grounds would itself prejudice the interests protected by section 6 or section 7 or section 9 and (in the case of the interests protected by section 9) there is no countervailing public interest; and
      2. give to the applicant information concerning the applicant's right, by way of complaint under section 28(3) to an Ombudsman, to seek an investigation and review of the refusal.

        Notes
        • Section 19: amended, on , by section 135 of the Public Service Act 2020 (2020 No 40).
        • Section 19(a)(ii): amended, on , by section 4(2) of the Official Information Amendment Act 1987 (1987 No 8).
        • Section 19(b): amended, on , by section 16(2) of the Official Information Amendment Act 1987 (1987 No 8).