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Official Information Act 1982

Publication of, and access to, certain documents and information

22: Right of access to internal rules affecting decisions

You could also call this:

"You have the right to see rules that affect decisions made about you by the government or organisations."

You have the right to see documents that affect decisions made about you. These documents can be held by a public service agency, a Minister of the Crown, or an organisation. They must contain policies, principles, rules, or guidelines that are used to make decisions about people.

You can ask to see these documents, but only if you are a New Zealand citizen, a permanent resident of New Zealand, or a person who is in New Zealand. You can also ask if you are a body corporate that is incorporated in New Zealand or has a place of business in New Zealand. If some information in the document needs to be kept secret, the department or organisation might give you a copy with some parts deleted or altered.

If you get a copy of the document with some parts deleted, you can ask why those parts were kept secret. The department or organisation must tell you the reason, unless it would harm the interests that are being protected. There are some exceptions, like if the information is about decisions made by Public Trust or the Maori Trust Office in their role as a trustee. You can find more information about this in the Trusts Act 2019.

The rules about how to ask for these documents are explained in sections 12(2) and (3), sections 13 to 15A, and section 19. These rules also explain what happens if the department or organisation cannot give you the information you asked for. You can also look at section 6(a) to (d), section 7, section 9(2)(a), (b), (ba), (i), and (j), and section 10 for more 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=DLM65622.

Topics:
Rights and equality > PrivacyGovernment and voting > Government departments
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21: Right of access to certain official information, or

"You can ask to see certain official information and get access to it"

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23: Right of access by person to reasons for decisions affecting that person, or

"Know why a government decision was made about you"

Part 3Publication of, and access to, certain documents and information

22Right of access to internal rules affecting decisions

  1. On a request made under this section, a person has a right to, and must be given access to, any document (including a manual) that—

  2. is held by a public service agency, a Minister of the Crown, or an organisation; and
    1. contains policies, principles, rules, or guidelines in accordance with which decisions or recommendations are made in respect of any person or body of persons in their personal capacity.

      1. Subsection (1) is subject to—

      2. subsection (2):
        1. subsection (6):
          1. section 6(a) to (d):
            1. section 7:
              1. section 9(2)(a), (b), (ba), (i), and (j) (to the extent that there is no countervailing public interest in making the information available):
                1. section 10.

                  1. The right conferred by subsection (1) may be exercised only by—

                  2. a New Zealand citizen; or
                    1. a permanent resident of New Zealand; or
                      1. a person who is in New Zealand; or
                        1. a body corporate which is incorporated in New Zealand; or
                          1. a body corporate which is incorporated outside New Zealand but which has a place of business in New Zealand.

                            1. Sections 12(2) and (3), 13 to 15A, and 19 shall apply, with all necessary modifications, to a request made under subsection (1).

                            2. If there is good reason under subsection (1A)(c), (d), or (e) for withholding some of the information contained in a document referred to in subsection (1), the department (for itself and for a departmental agency hosted by it or an interdepartmental executive board serviced by it) or the interdepartmental venture, Minister of the Crown, or organisation must, unless it is impracticable to do so,—

                            3. make a copy of that document available with any deletions or alterations that are necessary; or
                              1. provide another document stating the substance and effect of the document except as it relates to the information withheld.

                                1. Where a document is made available under subsection (4), the department or venture or Minister of the Crown or organisation shall, subject to section 10, give to the applicant—

                                2. the reason for withholding the information; 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(a) to (d) or section 7 or section 9(2)(a) or (b) or (ba) or (i) or (j) and (in the case of the interests protected by section 9(2)(a) or (b) or (ba) or (i) or (j)) there is no countervailing public interest.

                                    1. Nothing in this section authorises or permits Public Trust or the Maori Trust Office to make available any information that is contained in a document to which subsection (1) relates but that relates to the making of decisions or recommendations by Public Trust or the Maori Trustee—

                                    2. in their capacity as trustee within the meaning of the Trusts Act 2019; or
                                      1. in any other fiduciary capacity.

                                        Notes
                                        • Section 22(1): replaced, on , by section 100(1) of the Statutes Amendment Act 2019 (2019 No 56).
                                        • Section 22(1)(a): amended, on , by section 135 of the Public Service Act 2020 (2020 No 40).
                                        • Section 22(1A): inserted, on , by section 100(1) of the Statutes Amendment Act 2019 (2019 No 56).
                                        • Section 22(3): amended, on , by section 9(2) of the Official Information Amendment Act 1987 (1987 No 8).
                                        • Section 22(4): replaced, on , by section 100(2) of the Statutes Amendment Act 2019 (2019 No 56).
                                        • Section 22(4): amended, on , by section 135 of the Public Service Act 2020 (2020 No 40).
                                        • Section 22(5): amended, on , by section 135 of the Public Service Act 2020 (2020 No 40).
                                        • Section 22(5)(b): replaced, on , by section 4(2) of the Official Information Amendment Act 1987 (1987 No 8).
                                        • Section 22(6): replaced, on , by section 170(1) of the Public Trust Act 2001 (2001 No 100).
                                        • Section 22(6)(a): amended, on , by section 161 of the Trusts Act 2019 (2019 No 38).