Introduction
OIA requests may be received from an individual or corporate body:
- for information about themselves
- acting as agent for an individual
- for information about an individual other than themselves, or
- for other non personal information.
All decisions regarding the release or withholding of information in response to an OIA request must be made in line with the provisions of the Official Information Act.
This topic covers the specific guidelines to be considered when making a decision.
Withholding information under S.6
S.6 of the OIA gives conclusive reasons for withholding information. These include that releasing information would:
- prejudice the defence and security of New Zealand
- prejudice the maintenance of law and order, including the prevention, investigation and detection of offences and the right to a fair trial, or
- be likely to endanger the safety of any person.
Withholding information under S.9
S.9 outlines good reasons for withholding information. They include:
- to protect the privacy of a person, living or dead
- to avoid disclosing a trade secret or prejudice a commercial position where there is an obligation of confidence, ie. where a person has been compelled to give information because:
- the disclosure is likely to prejudice the supply of similar information from the same source, and
- it is in the public interest that this sort of information is supplied
- if the disclosure is likely to damage the public interest in another way
- to avoid prejudice to measures affecting public health or safety, and
- to avoid or mitigate loss to members of the public.
Good reason may be outweighed by other considerations which render it desirable in the public interest to make that information available.
Withholding information under S.18
S.18 of the OIA gives general reasons for withholding information. These are that:
- reasons exist under S.6, 7 or 9 of the OIA
- it would be contrary to a specified enactment
- it would constitute contempt of Court or of the House of Representatives
- the information will soon be publicly available
- the alleged information does not exist
- the information requested cannot be made available without substantial collation or research
- the information requested is not held by the Department, or
- the request is frivolous or vexatious or that the information requested is trivial.
Withholding information under S.27
S.27 of the OIA provides reasons exclusive to withholding personal information. These include disclosures:
- that would involve the unwarranted disclosure of the affairs of another person or deceased person
- of evaluative material if it would identify the person that supplied it
- about a person who has been, or is in custody, and involves the release of any information likely to prejudice their safe custody or rehabilitation, or
- of any information given to a solicitor by a client in confidence.
