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Law Commission Official Information Act Review

Suggestions from Privacy Commissioner to supplement 1993 terms of reference


1. Conditional release of information

Consider, in relation to release of official information, whether:

  • the ability of agencies to impose conditions, and the Ombudsman on review to recommend the imposition of conditions, should be set out expressly rather than solely being derived from implication from section 28(1)(c); and
  • a mechanism exists or can be created which will ensure that such conditions can be effectively enforced; and
  • enhancement of the conditional release mechanisms would enable release of information in circumstances where unconditional release of the same information would be impermissible because of the need to protect the privacy of natural persons or other interests set out in the Act.


2. Harassment

Examine section 6(d) of the Act and consider whether individuals identified in official information should obtain protection in the manner of officials.

3. Evaluative material

Examine the adequacy of sections 27(1)(c) and (2) of the Act with particular regard to whether:

information can be "supplied" from within the same department;
the withholding ground would be applicable to a request directed to the supplier of the information.

4. Abusive requests of repetitious or systematic nature

Consider whether the Act would be improved by inclusion of a new withholding ground, power to charge, or power for the Ombudsman to authorise a public body to disregard requests, based upon the repetitious or systematic nature or requests which would unreasonably interfere with the operations of the department or amount to an abuse of the right to access.

5. Urgent requests

Consider whether section 12(3) of the Act should be supplemented to make clear what must be done when a requester substantiates a request for urgency, and in particular, whether there ought to be an obligation on organisations to make reasonable endeavours to treat such a request urgently.

6. Transfer of requests

Consider whether the procedure established in section 14 of the Act should be amended so that a department is prohibited from transferring a request in circumstances where it has good reason to believe that the individual does not wish the request to be transferred (with the requester promptly notified that the request will need to be resubmitted to the correct agency).

7. Documents

Consider whether section 16(1) of the Act should be amended to refer to modern electronic means of making information available.

8. Protection against certain actions

Examine section 48 of the Act and consider whether:

an investigation by the Privacy Commissioner under the Privacy Act, or the taking of proceedings before the Complaints Review Tribunal under that Act, should be excluded from the proceedings which are prevented from being taken; and
the question of whether information is made available "in good faith" should be expressly amenable to review by the Ombudsman or Privacy Commissioner.