The law about access to official information is found in the Official Information Act 1982 (OIA).
Official Information Act 1982(external link)
The law has two primary purposes:
The guiding principle of the OIA is that information must be made available if requested, unless a reason exists under the OIA for withholding it.
It is a requirement of the OIA that a Directory be published or updated every two years. The purpose of the Directory is to help members of the public effectively exercise their rights under the OIA.
The Directory can help people in two ways:
The contents of the Directory are set by section 20 of the OIA. The Directory must include a description of all central Government organisations covered by the OIA, including their functions, structure, records, manuals, committees and contact officers. The Directory is available electronically on the Ministry of Justice website.
Under the Act, information may be requested from:
You are entitled to:
It is easy to make a request: simply contact the organisation concerned and ask for the information you want. It is best to make requests in writing, but this is not essential. It is not necessary to mention the OIA specifically.
Costs – See the charging guidelines section.
Time – Requests must be answered within 20 working days. If the time is extended, you must be told about the delay and the reasons for it.
Who – Anyone who is in New Zealand or who is a New Zealand citizen overseas may request information. Corporate bodies with places of business in New Zealand may request information.
Format – You may ask for a copy of the information, or you may inspect it, for example, if it is a large file. You may also listen to a tape recording or ask for a transcript or for a complete printout.
Requests can only be refused for one of the reasons detailed in the OIA. You must be told the reason for the refusal and informed of your right to make a complaint to the Ombudsman.
There are several interests that may lead to a refusal, including:
You can complain to the Ombudsman if:
If the Ombudsman thinks your complaint is justified, they can make a recommendation to the organisation concerned.
Almost all recommendations are accepted by the Minister or organisation concerned.
There is no charge for making a complaint to the Ombudsman. There are Ombudsman’s offices in Wellington, Auckland and Christchurch.
Ombudsman New Zealand(external link)
The Local Government Official Information and Meetings Act 1987 extended the law about official information to cover information held by city councils, regional councils, district councils and other types of local authorities. It also extended the OIA to cover meetings of public bodies, including those closed to the public. Local authorities are required to publish a guide to their organisations, which can help people making requests. This information is not included in this Directory but can be obtained directly from local authorities.
Local Government Official Information and Meetings Act 1987(external link)
The OIA does not cover personal information held by a Government agency about an individual. Members of the public may apply to the relevant agency under the Privacy Act 2020 if they wish to obtain a copy of, or have access to, information held about themselves. They may also ask for it to be corrected.
Requests for personal information should be directed to the department that holds the information.
Criminal and traffic convictions, court hearings, fines and orders are held by the Ministry of Justice.
New Zealand Police records details of firearms, deportation orders and overseas convictions.
NZ Transport Agency records traffic offence demerit points and licensing offences. No fee is charged for requests.
Complaints about refusals to release or correct personal information should be directed to the Privacy Commissioner, Box 455, Auckland or Box 10 094, Wellington.
Privacy Act 2020(external link)
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