OIA

Purpose of the OIA

Allow access to official information

Official information means…

Information held by a department, Minister or organisation

"Department" under OIA

Sch 1 Ombudsmen Act agencies (e.g. MoJ, DOC, Crown Law, IRD, NZDF)

"Organisation" includes…

ACC, HRC, Law Commission, RNZ, TVNZ, NZQA, Police

Not covered by OIA

Courts, tribunals, Royal Commissions

OIA purposes (s 4)

Increase availability, promote accountability and good government – but protect public interest and privacy

Principle of availability (s 5)

Information made available unless good reason to withhold

Where are withholding reasons?

ss 6, 9, 10 and 18

Who can request? (s 12)

NZ citizens and permanent residents

Form of request

Oral or written (written preferred)

Time to decide (s 15)

20 working days

Extensions (s 15A)

Large volume or consultation needed

Charges (s 15)

Small costs – printing, copying, labour

Redaction

s 17

Statement of reasons

Can request written reasons for a decision about you

s 6 reasons are…

Conclusive reasons for withholding

Examples of s 6 grounds

National security, maintenance of law, people's safety

s 6 standard

Disclosure "likely" to prejudice – real or significant possibility (Kelsey)

Is s 6 balanced against public interest?

No

s 9 reasons are…

Other, non-conclusive reasons

Examples of s 9 grounds

Privacy, health, Cabinet discussions

s 9 standard

Withholding must be "necessary" – essential to protect/avoid the consequence (Kelsey)

s 9 balancing

Weighed against public interest in disclosure; if outweighed, must release

Uncertainty in s 9 balancing

Resolve in favour of release

s 18 reasons are…

Administrative – info soon public, doesn't exist, can't be found

s 10

Neither confirm nor deny existence (if confirming would prejudice ss 6, 7, 9 interests)

Kelsey v Minister of Trade [2015] NZHC 2497 – facts

TPPA negotiation info request declined by Minister and Ombudsman

Kelsey – held

Blanket approach unlawful – each item must be assessed against ss 6, 9, 18

Kelsey – reasons

Giving reasons means more than repeating the grounds relied on

Kelsey – remedy

Decision quashed, Minister to decide again

OIA review – first step

Complain to Ombudsman (s 28)

Ombudsman OIA recommendations

s 30 – normally followed

PM security certificate

Ombudsman can't recommend release (s 31)

Public duty to comply

After 21 working days (s 32) unless GG Order in Council

Is the OIC overriding the Ombudsman reviewable?

Yes – s 32B

After the Ombudsman

Can go to court