Official Information Act

This project reviewed the Official Information Act 1982 in response to a Government reference to report on certain aspects of the Act. The Commission also took the opportunity to comment on certain issues affecting the operation of the Act that fell outside the terms of reference, but that are of major importance. 

The terms of reference are to:

1. Examine sections 9(2)(f) and 9(2)(g) of the Official Information Act 1982, in particular the provisions relating to the confidentiality of advice (section 9(2)(f)(iv)) and the free and frank expression of opinion (section 9(2)(g)(i)), with a view to ascertaining whether it is possible to define more precisely the interests that are intended to be protected;
2. Examine the adequacy of sections 12(2) and 18(f) of the Act with particular reference to broadly defined requests and requests for large amounts of information;
3. Consider the appropriateness of the time limits set in sections 15(1) and 29A(1) of the Act;
4. Consider whether there should be an ability under section 15 of the Act to charge for time spent and expenses incurred in deciding whether or not to release information;
5. Consider the appropriateness of the rules set out in sections 15(4) and (5) of the Act;
6. Consider whether some or all of the grounds for refusal set out in section 18(d)-(f) of the Act should apply in relation to requests for personal information;
7. Consider, with particular reference to section 29A of the Act, what the responsibilities of decision makers should be vis a vis the Ombudsmen, where the decision maker's actions are subject to a review by the Ombudsmen;
8. Consider the appropriateness of the Order in Council procedure prescribed by sections 32-34 of the Act and whether there should be any change to those provisions;
9. Consider whether there should be special rules governing the treatment of some or all classes of diplomatic documents.

Review of the Official Information Act 1982 (NZLC R40, 1997)

The Commission's report Review of the Official Information Act 1982 (NZLC R40, 1997).

Some of the Commission’s proposals were included in the Statutes Amendment Bill (No 3) 2003 and the report was considered again in in the Commission’s latter Official Information Act review project.

There was no requirement for the Government to present a formal response to Commission reports before April 2009.

See Official Government response process | Department of the Prime Minister and Cabinet (DPMC).