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