Official Information Act 1982 Notes

Radical Change Suggestion

• Repeal and replacement of the OSA.
• Shift from presumption of secrecy to presumption of disclosure.
• Official Information Act 1982 enacted - 'a presumption of disclosure' (s 5)

Management of Information Today

• Statutes
  • The Official Information Act 1982
  • The Local Government Meetings and Official Information Act 1987
  • Privacy Act 1993
• Common Law Principles
  • The Duty to Give Reasons
  • The Emerging Tort of Privacy

The Official Information Act

• Who Does it Apply to?
  • Public Bodies defined by A statutory List
  • Cannot be extended bt interpretation
  • Parts I and II of Schedule 1 of Ombudsmen Act
  • Plus OIA Schedule 1
• Wide List
  • Departments/Ministries
  • SOEs - but not other State owned companies
  • Many Crown Entities and other Public Bodies - e.g. Universities and School Boards

Purpose of the Act

• To increase progressively the availability of official information to the people of New Zealand.
• The main purpose is not the complaints mechanisms
• Purpose into Principle: Section 5
• The Principle of Availability
  • Information should be made available unless there is a good reason for withholding it.

When can Information be Withheld?

• No classes of information are excluded
• Conclusive Reasons for Withholding - s6
• "Other" Reasons to be Balanced with the Public Interest - s9 - Can be withheld only if public interests doesn't outweigh the reason to withhold
• Administrative Reasons - s 18

Conclusive Reasons

• Information that would be likely to
  • Endanger the Safety of any Person
  • 'Prejudice'
  • Security, Foreign Affairs, Law and Order, International Confidentiality
  • The Relationship with the Cook Islands, Niue, Tokelau, Ross Dependency - s7
• Information that would 'damage seriously' Specific Elements of Economic Policy
  • Exchange rates
  • The regulation of banking or credit
  • Taxation
  • Price Controls
  • Borrowing
  • Trade info

Non-Conclusive Reasons

• Privacy of Individuals
• Trade Secrets
• Health and Safety of the Public
• Legal Privilege
• The Effective Conduct of Public Affairs - "Free and Frank advice"
• State Commercial Activities
• Information that would likely "prejudice" the substantial economic interests of New Zealand
• Section 9 - Non-Conclusive Reasons for Withholding
  • Presumption of Secrecy that can be rebutted if the release of the information is still within the public interests.
• Section 18 - Practical Reasons for Withholding Information
  • Contempt of Court
  • Contrary to Primary Legislation
  • Soon to be released
  • Doesn't exist/can't be found
  • Substantial collation/research
  • Not held by department or public body
  • Frivolous/Vexatious

Using the Official Information Act

• Simplicity - No formality requirements - may be made by any form and communicated by any means ss1(1AA(a))
• Most people never know they are using it
• The Directory of Official Information - Very Basic Guide to Public Information
• The Process
  • 20 days to respond