Using the Privacy & Official Information Acts
Overview
Under the Privacy Act 1993 and the Official Information Act 1982, you have rights to access certain information held by government departments and other public bodies and officials.
As an individual - you may apply under the Privacy Act for access to information that the government and private-sector organisations hold about you and request the information is corrected if it is wrong.
As a member of the public - you may apply under the Official Information Act to access government documents and information. Your request may be denied if the government has a good reason to withhold it, such as risk to someone’s safety or to national security.
Privacy Act 1993
Under the Privacy Act 1993, you have a right to have a public (or private-sector) organisation that holds information about you to confirm they possess the information and to access the information.
You do not have to make this request in writing or specifically mention this right is given by the Privacy Act.
The organisation may deny your request in some instances. This is often the case if providing you with the information would also requiring providing information about another individual.
When can I expect a response from the organisation?
The organisation who holds the information must reply as soon as practicable. This cannot be later than 20 working days after receiving your request.
What will the request cost?
Information from a public-sector agency, such as a government departement, will be provided at no cost, unless the agency has permission to charge a fee from the Privacy Commissioner. This permission can only be given by the Commissioner if the agency would be commercially disadvantaged compared with a private-sector competitor if it were to provide the information at no cost.
Correcting wrong information
You are entitled to have a public (or private-sector) organisation that holds information about you correct any information that you believe is wrong. If they believe the information is correct, there is no legal obligation for them to change it. However, if they don’t correct it you can require them to attach a statement to the original information saying what the correction was that you asked for.
Official information Act
Under the Official Information Act 1982 (OIA), you can access information from central government departments and other public bodies, like school boards. The idea underpinning this Act is that government information should be made available to members of the public unless there’s a good reason for withholding it.
You can also request official information from city councils and other local bodies, under the Local Government Official Information and Meetings Act 1987 (LGOIMA).
Who can official information be requested from?
An official information request can be made to:
central government ministries and departments
state-owned enterprises
other central government organisations, authorities and commissions, such as the police, the Broadcasting Standards Authority or the Commerce Commission
statutory boards, like the Charities Registration Board
public health authorities, including district health boards
education institutions
local authorities, including city, district or regional councils
A request cannot be made to:
a court, or
a Royal Commission or a commission of inquiry.
How can I make an official information request?
Your request must be made, either verbally or in writing, to the relevant agency. Be as specific as possible regarding the information you are seeking. If you have not provided enough detail or the information is held by another agency, the agency where you made your request must help you make the request in the proper way.
What will the request cost?
An agency can charge you a reasonable fee for the administrative cost of obtaining the information. It may require you to pay some or all of the fee in advance. Usually, you will not be charged fro the first hour of staff time required to process your request, or the first 20 pages of photocopying.
The agency may choose to reduce or waive the charge completely if there’s a good reason. A good reason can include your inability to afford the charge, or you are requesting the information for non-commercial purposes and releasing it would lead to better public understanding of the work the agency does.
You can complain to the Ombudsmen if you think a charge is unreasonable.
When can I expect a response from the agency?
The organisation who holds the information must reply as soon as practicable. This cannot be later than 20 working days after receiving your request.
If you have asked for a lot of information or accessing the information is not straightforward, the agency can extend the 20 day limit for a period of time that is reasonable. Before the agency can extend the time limit, they must tell you and explain why it is necessary.
When can your official information request be refused?
The OIA contains the only grounds on which an agency can refuse your request. These include:
to prevent harm to New Zealand’s security, defence or international relations
to protect someone’s safety or privacy
to protect trade secrets or commercially sensitive information
because the information is protected by lawyer-client privilege
because the information is already publicly available, or soon will be
because the agency would have to do a significant amount of research or collating of documents
because the relevant document doesn’t exist, or because the agency hasn’t been able to find it after making reasonable efforts
because they think you requested the information simply to waste their time.
If the agency refuses your request, they must tell you why.
What can you do if your official information request is refused?
You can challenge the refusal by laying a complaint with the Ombudsmen. If the Ombudsmen decide you are entitled to the information, the agency holding the information must follow the recommendation of the Ombudsmen.
You can complain to the Ombudsmen free of charge.
If you would like to speak with Jeremy regarding official information requests, please fill out our inquiry form here.