week eleven Flashcards
what was the wanganui computer centre 1976
linked a lot of existing data into one computer and you could find out more about individuals because a lot of information was linked together, the wanganui computer act 1976 put controls in over what that data could be used for
this general principle has morphed into the Privacy Act
what statutes make up the legal framework for information
The Official Information Act 1982 (applies to individuals)
The Local Government Meetings and Official Information Act 1987
Privacy Act 1993 (applies to everyone)
who does the Official Information Act apply to
public bodies as defined in a long statutory list (only these bodies, the list cannot be extended by interpretation)
they are in Parts I & II Schedule 1 of Ombudsman Act and also in OIA schedule.
this list is wide and includes most of the public sector - departments/ministries, SOEs (but not other state owned companies) and many Crown Entities and other public bodies
what is the purpose of the OIA, s4
to increase progressively the availability of official information to the people of New Zealand in order:
- to enable their more effective participation in the making and administration of laws and policies; and
- to promote the accountability of Ministers
what is the s5 OIA principle of availability
information shall be made available unless there is good reason for withholding it
when can information be withheld under the OIA
- if there is a conclusive reason
- if there is a non-conclusive reason that isn’t less important than the public interest
- administrative reasons
what effect do conclusive reasons under OIA have
they are absolute - if the information were to be released and there would be a breach of these reasons, the state is within its rights to not release it
what are the conclusive reasons for withholding information under OIA s6
- If it endangers the safety of any person
- If it deals with security, foreign affairs, law and order or international confidentiality
- If it prejudices the relations with the Cook Islands, Niue, Tokelau, Ross Dependency (Realm of NZ, S7)
- If the release would seriously damage specific elements of economic policy
○ Exchange rates
○ Regulation of
baking or credit
○ Taxation
○ Price controls
○ Borrowing
○ Entering into of
overseas trade
agreements
what is the effect of the non-conclusive reasons for withholding information OIA s9
if the public interest is greater than the reason, they will have to release it
what are the non-conclusive reasons for withholding information under the OIA s9
- privacy of individuals
- trade secrets
- health and safety of the public
- legal privilege
- the effective conduct of public affairs
- state commercial activities
- prejudice to the substantial economic interests of New Zealand
can public interest override s6 conclusive reasons for withholding information under OIA
no, only s9 non conclusive reasons
what are the practical/administrative reasons for withholding information under s18 of the OIA
- Contempt of court
- Contrary to primary legislation (some other act requires the information be kept secret)
- Soon to be released
- Doesn’t exist/can’t be found
- Substantial collation/research (too difficult for information to be released, more likely to charge for collation than refuse to release)
- Not held by department or public body that you requested (you could be directed somewhere else, or it may be public information held by a private body)
- Frivolous/vexatious
are formalities required for using the OIA
no, as soon as you ask for the information, the OIA and other procedures kick into play
how long does the person you ask for information have to respond under the OIA
20 days
how can you raise OIA disputes
after the 20 day deadline, you can make a complaint to the Ombudsman for free.
Except:
- if its prejudicing defence/foreign affairs/criminal investigations
- or if the information is certified by the PM/attorney general
