Official Information Act 1982
Encyclopedia
The Official Information Act 1982 is a New Zealand
law passed by the 3rd National government
in 1982 to "make official information more freely available, to provide for proper access by each person to official information relating to that person, to protect official information to the extent consistent with the public interest and the preservation of personal privacy, to establish procedures for the achievement of those purposes".. It also repealed the Official Secrets Act 1951.
. It creates a regime by which people can request and receive information held by government officials and bodies. The scope of the Act is extremely broad, and includes all information held by any Minister in their official capacity, or by any government department or organisation (as listed in the Act or the Ombudsmen Act 1975). This includes government ministries, hospitals, universities, schools, the Security Intelligence Service
, and even state-owned enterprises
. Local government is covered by the Local Government Official Information and Meetings Act 1987.
The starting point of the Act is the "principle of availability": "that... information shall be made available unless there is good reason for withholding it". "Good reason" is narrowly defined in the Act. Conclusive reasons for withholding information include national security or international relations, that it was supplied by another government in confidence, maintenance of the law, personal safety, or severe economic damage. Other reasons include
However, these reasons must be balanced against the public interest.
Requests can also be refused if release of the information would contravene the law or constitute contempt of court, or for administrative reasons (because the information will soon be made publicly available, that substantial research is required, or simply because it is vexatious).
Requests for official information may be made by New Zealand citizens or residents (including anyone present in New Zealand) or by body corporates incorporated in New Zealand, or having a place of business in New Zealand. Government organisations have 20 working days to respond, and if a request is refused in whole or in part, they must give reasons for the refusal. Decisions can be appealed to the Ombudsman
. Organisations can charge for large requests, but this is very rare.
New Zealand
New Zealand is an island country in the south-western Pacific Ocean comprising two main landmasses and numerous smaller islands. The country is situated some east of Australia across the Tasman Sea, and roughly south of the Pacific island nations of New Caledonia, Fiji, and Tonga...
law passed by the 3rd National government
Third National Government of New Zealand
The Third National Government of New Zealand was the government of New Zealand from 1975 to 1984. It was an economically and socially conservative government, which aimed to preserve the Keynesian economic system established by the First Labour government while also being socially conservative...
in 1982 to "make official information more freely available, to provide for proper access by each person to official information relating to that person, to protect official information to the extent consistent with the public interest and the preservation of personal privacy, to establish procedures for the achievement of those purposes".. It also repealed the Official Secrets Act 1951.
Summary of the Act
The Act is an implementation of Freedom of information legislationFreedom of information legislation
Freedom of information legislation comprises laws that guarantee access to data held by the state. They establish a "right-to-know" legal process by which requests may be made for government-held information, to be received freely or at minimal cost, barring standard exceptions...
. It creates a regime by which people can request and receive information held by government officials and bodies. The scope of the Act is extremely broad, and includes all information held by any Minister in their official capacity, or by any government department or organisation (as listed in the Act or the Ombudsmen Act 1975). This includes government ministries, hospitals, universities, schools, the Security Intelligence Service
New Zealand Security Intelligence Service
The New Zealand Security Intelligence Service is an intelligence agency of the New Zealand government.-Purpose:As a civilian organisation, the Security Intelligence Service takes no part in the enforcement of security...
, and even state-owned enterprises
State-Owned Enterprises of New Zealand
State-owned enterprises in New Zealand are registered companies listed under Schedules 1 and 2 of the State-Owned Enterprises Act 1986...
. Local government is covered by the Local Government Official Information and Meetings Act 1987.
The starting point of the Act is the "principle of availability": "that... information shall be made available unless there is good reason for withholding it". "Good reason" is narrowly defined in the Act. Conclusive reasons for withholding information include national security or international relations, that it was supplied by another government in confidence, maintenance of the law, personal safety, or severe economic damage. Other reasons include
- protecting personal privacy;
- protecting trade secrets;
- protecting information given in confidence;
- protecting public health and safety;
- protecting New Zealand's economic interests, or members of the public from material loss;
- protecting the confidentiality of ministerial discussions and advice;
- protecting the "free and frank advice" of officials, and Ministers from harassment;
- legal or professional privilege;
- commercial confidentiality;
- allowing the government to conduct negotiations; or
- preventing the use of official information for "improper gain or improper advantage";
However, these reasons must be balanced against the public interest.
Requests can also be refused if release of the information would contravene the law or constitute contempt of court, or for administrative reasons (because the information will soon be made publicly available, that substantial research is required, or simply because it is vexatious).
Requests for official information may be made by New Zealand citizens or residents (including anyone present in New Zealand) or by body corporates incorporated in New Zealand, or having a place of business in New Zealand. Government organisations have 20 working days to respond, and if a request is refused in whole or in part, they must give reasons for the refusal. Decisions can be appealed to the Ombudsman
New Zealand Chief Ombudsman
New Zealand's Chief Ombudsman is appointed by the Governor-General of New Zealand on recommendation of the House of Representatives to oversee investigation of complaints against government departments, and report, with recommendations, to Parliament.The post of Ombudsman was established in New...
. Organisations can charge for large requests, but this is very rare.
See also
- Local Government Official Information and Meetings Act 1987
- Privacy Act 1993
- New Zealand Chief OmbudsmanNew Zealand Chief OmbudsmanNew Zealand's Chief Ombudsman is appointed by the Governor-General of New Zealand on recommendation of the House of Representatives to oversee investigation of complaints against government departments, and report, with recommendations, to Parliament.The post of Ombudsman was established in New...
- Coalition for Open GovernmentCoalition for Open GovernmentThe Coalition for Open Government was a political pressure group formed in the late 1970s to promote open government in New Zealand. The Coalition disbanded in the mid 1980s, but re-formed in April 2007, in response to Government plans to rewrite the election finance laws.-History:The group formed...
External links
- Official Information: Your Right To Know. How to find out what you want to know from Central and Local Government (Ministry of Justice pamphlet)
- Steven Price "The Official Information Act - A Window on Government or Curtains Drawn?" Text from a lecture given November 2005.
- Office of the Ombudsmen
- Ombudsman's Practice Guidelines for dealing with OIA requests.
- "Towards Open Government", Danks Report, General, 1980 the first Report by the Committee on Official Information.