Requests Under the Official Information Act

Who can request information?

Any person or corporate body in New Zealand can request information under the Official Information Act.

Types of requests

Requests for official information can be:

• requests by individuals for personal information about individuals other than themselves
• requests from companies and other bodies corporate (legal persons) for personal information about themselves or other legal or natural persons, or
• requests from individuals (natural persons) for a statement of reason for decisions or recommendations that affect them in a personal capacity.

What information can be requested

Under the Official Information Act (OIA), the Community Probation Service can be asked:

• for access to non-personal or specific information
• for a copy of any personal information it holds about the person making the request
• to correct personal information
• for the reason for its decisions, and
• for access to the policy which determined the decision.

Note: There are different rules for withholding personal and non-personal information. This will be covered later in this chapter.

CPS OIA requests

The Community Probation Service receives OIA Requests from three sources. These are:

• direct requests (verbal or written) from individuals and groups
• requests from individuals and groups referred on by other Departments, and
• requests from individuals and groups addressed to the Minister or the Chief Executive of the Department of Corrections.

Guiding principle for release

The guiding principle is that official information is to be made available unless there is good reason for withholding it. Good reasons include:

• the public interest, eg. New Zealand's defence and security
• public health, and
• the preservation of personal privacy.

Help with requests

The Official Information Act requires the Community Probation Service to give "reasonable help to any person or organisation" making an Official Information Act request. This includes helping the person or people define their request so it is known exactly what information they want.

OIA requests do not have to be in writing although this should be encouraged.

Timeframe

The Community Probation Service has 20 working days from the time the request is received by the Service, to answer it.

More information on timeframes is included later in this chapter.

Review of CPS decisions

The Ombudsman can investigate and review any decision the Community Probation Service makes under the Official information Act.

Requesters must be advised of their right of review of any decision.

Charging for official information

In some circumstances the Community Probation Service can charge for information provided to OIA requests.

Further information on charging for OIA requests is included later in this chapter.