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Official Information Act 1982

Review of decisions - Decisions under Part 2 and section 10

34: Restriction on application for review

You could also call this:

"You can't go to court first if you're unhappy with a decision about your information request."

If you ask for official information and a decision is made about your request, you cannot apply to have that decision reviewed under section 8 of the Judicial Review Procedure Act 2016. You also cannot start court proceedings to challenge that decision. You must first make a complaint about the decision and have it dealt with under this Part. This rule applies to decisions made under section 28(1) or section 28(2) of this Act.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM65676.

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Part 5Review of decisions
Decisions under Part 2 and section 10

34Restriction on application for review

  1. Where any person makes a request under this Act that official information be made available to him and a decision to which section 28(1) or section 28(2) applies is made in relation to that request, that person—

  2. shall not make an application under section 8 of the Judicial Review Procedure Act 2016 for the review of that decision; and
    1. shall not commence any proceedings in which that decision is sought to be challenged, quashed, or called in question in any court,—
        1. unless a complaint made by that person in respect of that decision has first been determined under this Part.

      Notes
      • Section 34: amended, on , by section 16(5) of the Official Information Amendment Act 1987 (1987 No 8).
      • Section 34(a): amended, on , by section 24 of the Judicial Review Procedure Act 2016 (2016 No 50).