Email this page
Send this page to a friend.
This page is printer friendly.
Part 4 Good reasons for refusing access to personal information
27 Security, defence, international relations, etc
(1) An agency may refuse to disclose any information requested pursuant to principle 6 if the disclosure of the information would be likely—
(a) To prejudice the security or defence of New Zealand or the international relations of the Government of New Zealand; or
(b) To prejudice the entrusting of information to the Government of New Zealand on a basis of confidence by—
(i) The government of any other country or any agency of such a government;
or
(ii) Any international organisation; or
(c) To prejudice the maintenance of the law, including the prevention, investigation, and detection of offences, and the right to a fair trial; or
(d) To endanger the safety of any individual.
(2) An agency may refuse to disclose any information requested pursuant to principle 6 if the disclosure of the information would be likely—
(a) To prejudice the security or defence of—
(i) The self-governing state of the Cook Islands; or
(ii) The self-governing state of Niue; or
(iii) Tokelau; or
(iv) The Ross Dependency; or
(b) To prejudice relations between any of the Governments of—
(i) New Zealand:
(ii) The self-governing state of the Cook Islands:
(iii) The self-governing state of Niue; or
(c) To prejudice the international relations of the Governments of—
(i) The self-governing state of the Cook Islands; or
(ii) The self-governing state of Niue.
Compare: 1982 No 156 s 27(1)(a); 1987 No 8 s 4(2); 1987 No 174 s 26(1)(a)
28 Trade secrets
(1) Subject to subsection (2) of this section, an agency may refuse to disclose any information requested pursuant to principle 6 if the withholding of the information is necessary to protect information where the making available of the information—
(a) Would disclose a trade secret; or
(b) Would be likely unreasonably to prejudice the commercial position of the person who supplied or who is the subject of the information.
(2) Information may not be withheld under subsection (1) of this section if, in the circumstances of the particular case, the withholding of that information is outweighed by other considerations which render it desirable, in the public interest, to make the information available.
Compare: 1982 No 156 s 27(1)(a); 1987 No 8 s 4(2); 1987 No 174 s 26(1)(a)
29 Other reasons for refusal of requests
(1) An agency may refuse to disclose any information requested pursuant to principle 6 if—
(a) The disclosure of the information would involve the unwarranted disclosure of the affairs of another individual or of a deceased individual; or
(b) The disclosure of the information or of information identifying the person who supplied it, being evaluative material, would breach an express or implied promise—
(i) Which was made to the person who supplied the information; and
(ii) Which was to the effect that the information or the identity of
the person who supplied it or both would be held in confidence; or
(c) After consultation undertaken (where practicable) by or on behalf of the agency with an individual's medical practitioner, the agency is satisfied that—
(i) The information relates to that individual; and
(ii) The disclosure of the information (being information that relates
to the physical or mental health of the individual who requested it)
would be likely to prejudice the physical or mental health of that
individual; or
(d) In the case of an individual under the age of 16, the disclosure of that information would be contrary to that individual's interests; or
(e) The disclosure of that information (being information in respect of an individual who has been convicted of an offence or is or has been detained in custody) would be likely to prejudice the safe custody or the rehabilitation of that individual; or
(f) The disclosure of the information would breach legal professional privilege; or
(g) In the case of a request made to Radio New Zealand Limited or Television New Zealand Limited, the disclosure of the information would be likely to reveal the source of information of a bona fide news media journalist and either—
(i) The information is subject to an obligation of confidence; or
(ii) The disclosure of the information would be likely to prejudice the
supply of similar information, or information from the same source; or
(h) The disclosure of the information, being information contained in material placed in any library or museum or archive, would breach a condition subject to which that material was so placed; or
(i) The disclosure of the information would constitute contempt of Court or of the House of Representatives; or
(j) The request is frivolous or vexatious, or the information requested is trivial.
(2) An agency may refuse a request made pursuant to principle 6 if—
(a) The information requested is not readily retrievable; or
(b) The information requested does not exist or cannot be found; or
(c) The information requested is not held by the agency and the person dealing with the request has no grounds for believing that the information is either—
(i) Held by another agency; or
(ii) Connected more closely with the functions or activities of
another agency.
(3) For the purposes of subsection (1)(b) of this section, the term evaluative material means evaluative or opinion material compiled solely—
(a) For the purpose of determining the suitability, eligibility, or qualifications of the individual to whom the material relates—
(i) For employment or for appointment to office; or
(ii) For promotion in employment or office or for continuance in
employment or office; or
(iii) For removal from employment or office; or
(iv) For the awarding of contracts, awards, scholarships, honours,
or other benefits; or
(b) For the purpose of determining whether any contract, award, scholarship, honour, or benefit should be continued, modified, or cancelled; or
(c) For the purpose of deciding whether to insure any individual or property or to continue or renew the insurance of any individual or property.
(4) In subsection (1)(c), medical practitioner means a health practitioner who is, or is deemed to be, registered with the Medical Council of New Zealand continued by section 114(1)(a) of the Health Practitioners Competence Assurance Act 2003 as a practitioner of the profession of medicine.
Compare: 1982 No 156 ss 18(c)(ii), (e), (g), (h), 27(1)(b) to (h), (2); 1987 No 8 s 15(1); 1987 No 174 ss 17(c)(ii), (e), (g), (h), 26(1)(b) to (h), (2)
Subsection (1)(g) was amended, as from 1 December 1995, by section 20 Radio New Zealand Act 1995 (1995 No 52) by substituting the words “Radio New Zealand Limited, The Radio Company Limited, or” for the words “Radio New Zealand Limited or”. See regulation 2 Radio New Zealand Act Commencement Order 1995 (SR 1995/226).
Subsection (1)(g) was further amended, as from 5 July 1996, by section 2 Radio New Zealand Act (No 2) 1995 (1995 No 53) by substituting the words “Radio New Zealand Limited or” for the words “Radio New Zealand Limited, The Radio Company Limited, or”. See clause 2 Radio New Zealand Act (No 2) Commencement Order 1996 (SR 1996/182).
Subsection (4) was inserted, as from 18 September 2004, by section 175(1) Health Practitioners Competence Assurance Act 2003 (2003 No 48). See sections 178 to 227 of that Act as to the transitional provisions.
30 Refusal not permitted for any other reason
Subject to sections 7, 31, and 32 of this Act, no reasons other than one or more of the reasons set out in sections 27 to 29 of this Act justifies a refusal to disclose any information requested pursuant to principle 6.
Compare: 1982 No 156 s 27(1A); 1987 No 8 s 15(2); 1987 No 174 s 26(2)