Privacy Act 2020

Access to and correction of personal information - Access to personal information

53: Other reasons for refusing access to personal information

You could also call this:

"When you can't see your personal information for special reasons"

You can be refused access to your personal information for several reasons. An agency may refuse your request if the information does not exist or they cannot find it. They can also refuse if the information is not easy to access. You may be refused access if the information would reveal someone else's personal affairs. This includes information about another individual or a deceased person. Access can also be refused if it would stop the police from doing their job or if it would affect someone's right to a fair trial. The agency can refuse your request if it would break a lawyer's confidentiality or a condition of a library or museum. They can also refuse if it would be against the rules of a court or the House of Representatives. If you are a defendant in a court case, you may be refused access to information that you could get through the Criminal Disclosure Act 2008. Your request can be refused if it is not serious or if the information you want is not important.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS23398.

This page was last updated on 24 December 2025 — View changes

Topics:

Crime and justice > Courts and legal helpRights and equality > Privacy

52: Trade secret as reason for refusing access to personal information, or

"Agencies can refuse to share your personal info if it reveals a trade secret or hurts a business."

54: Agency may impose conditions instead of refusing access to personal information, or

"Agencies can set rules for accessing your information instead of denying it completely"

Part 4Access to and correction of personal information
Access to personal information

53Other reasons for refusing access to personal information

An agency may refuse access to any personal information requested if—
the information requested does not exist or, despite reasonable efforts to locate it, cannot be found; or
the information is not held in a way that is readily retrievable; or
the disclosure of the information would involve the unwarranted disclosure of the affairs of—
1. another individual; or
2. a deceased person; or
the disclosure of the information would be likely to prejudice the maintenance of the law by any public sector agency, including—
1. the prevention, investigation, and detection of offences; and
2. the right to a fair trial; or
the disclosure of the information would breach legal professional privilege; or
the disclosure of the information, being information contained in material placed in any library or museum or archive, would breach a condition subject to which that material was placed; or
the disclosure of the information would constitute contempt of court or of the House of Representatives; or
the request is made by a defendant or a defendant's agent and is—
1. for information that could be sought by the defendant under the Criminal Disclosure Act 2008; or
2. for information that could be sought by the defendant under that Act and that has been disclosed to, or withheld from, the defendant under that Act; or
the request is frivolous or vexatious, or the information requested is trivial.

Compare

1993 No 28 ss 27(1)(c), 29(1)(a), (f), (h)–(j), (2)

Notes

Section 53(aa): inserted, on 27 November 2025, by section 121 of the Statutes Amendment Act 2025 (2025 No 74).