Official Information Act 1982

Right of access to personal information

27: Reasons for refusal of requests for personal information

You could also call this:

"When can officials say no to your request for personal information?"

When you ask for personal information under section 24(1), the department or Minister can refuse if it would harm certain interests. These interests are protected by section 6(a) to (d), section 7, or section 9(2)(b). The department or Minister must consider if there is a public interest in releasing the information.

The department or Minister can also refuse if releasing the information would unfairly affect someone else's affairs or a deceased person's affairs. They can refuse if the information is evaluative material and releasing it would break a promise of confidentiality. Evaluative material is information used to decide if someone is suitable for a contract, award, or benefit.

The department or Minister can refuse if the request is not serious or the information is not important. They can also refuse if releasing the information would break legal professional privilege. Only these reasons can be used to refuse your request for personal information under section 24(1).

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM65646.


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Part 4Right of access to personal information

27Reasons for refusal of requests for personal information

  1. A 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 may refuse to disclose any personal information requested under section 24(1) if, and only if,—

  2. the disclosure of the information would be likely to prejudice any of the interests protected by section 6(a) to (d) or section 7 or section 9(2)(b) and (in the case of the interests protected by section 9(2)(b)) there is no countervailing public interest; or
    1. the disclosure of the information would involve the unwarranted disclosure of the affairs of another person or of a deceased person; or
      1. the disclosure of the information or of information identifying the person who supplied it, being evaluative material, would breach an express or implied promise—
        1. which was made to the person who supplied the information; and
          1. which was to the effect that the information or the identity of the person who supplied it or both would be held in confidence; or
                1. the disclosure of the information would breach legal professional privilege; or
                  1. the request is frivolous or vexatious, or the information requested is trivial.
                    1. No reasons other than 1 or more of the reasons set out in subsection (1) justifies a refusal to disclose any personal information requested under section 24(1).

                    2. For the purposes of subsection (1)(c), the term evaluative material means evaluative or opinion material compiled solely—

                    3. for the purpose of determining the suitability, eligibility, or qualifications of the person to whom the material relates for the awarding of contracts, awards, or other benefits; or
                      1. for the purpose of determining whether any contract, award, or benefit should be continued, modified, or cancelled; or
                        1. for the purpose of deciding whether to insure any person or property or to continue or renew the insurance of any person or property.
                          Notes
                          • Section 27(1): amended, on , by section 135 of the Public Service Act 2020 (2020 No 40).
                          • Section 27(1)(a): replaced, on , by section 4(2) of the Official Information Amendment Act 1987 (1987 No 8).
                          • Section 27(1)(d): repealed, on , by section 7(1) of the Official Information Amendment Act 1993 (1993 No 36).
                          • Section 27(1)(e): repealed, on , by section 7(1) of the Official Information Amendment Act 1993 (1993 No 36).
                          • Section 27(1)(f): repealed, on , by section 7(1) of the Official Information Amendment Act 1993 (1993 No 36).
                          • Section 27(1A): inserted, on , by section 15(2) of the Official Information Amendment Act 1987 (1987 No 8).
                          • Section 27(2): replaced, on , by section 7(2) of the Official Information Amendment Act 1993 (1993 No 36).