Many New Zealanders have a sense that all isn't well in our slice of paradise. Perhaps there is an issue or agenda that pushes your 'hot button' and you want to speak up or do something, but don't know how. The tools in this section are designed to get you started. You can make a positive difference now - and for generations to come.
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FAQs on Official Information Act requests
What kind of information can I ask for?
You cannot ask for an answer to a question, but you can ask for access to different information. Usually this will be requesting a document or a number of documents. Document is defined broadly in the Official Information Act and includes any “writing on any material, any information recorded or stored, any label, marking, book, map, plan, graph, drawing, photograph, film, negative, tape” and more.
You can ask for all documents on a particular topic, or you can ask for meeting agendas and minutes or any internal document that you think may be helpful on a particular topic.
Sometimes it’s hard to work out exactly what specific information you are looking for. The Directory of Official Information lists the kinds of documents that each government department or organisation holds and this is helpful to give you an idea of what kinds of documents to request. The Directory also tells you what the department is responsible for, as well as the different manuals and other policies and guidelines that cover the department.
How do I make an Official Information request?
Although you are able to request official information over the telephone or in person, it is easiest for the department involved if you put your request in writing in a letter.
Some tips to help you get started:
- Date your letter, so you can keep track of when you made the request;
- Address your letter to the relevant Minister, Department, organisation or local authority;
- If you don’t know who to send the letter to, have a look at the Directory of Official Information which provides details about government departments and sets out which person you should send your request to;
- Specify the information that you are wanting, and try to be as specific as possible. You can request the kind of documents you are after (i.e. meeting minutes) and the topic of the information (i.e. under-age prostitution;
- You can ask that your request be treated as urgent, but you must state this and the reasons for the urgency in your letter;
- Include the address you would like the information sent to;
- Keep a copy of your letter for your records.
How long will my request take?
Once the Department (or Minister or organisation) receives your request, it has 20 working days to decide whether the request is to be granted and provide you notice of the decision on the request.
If a request is made to the wrong Department (or Minister or organisation), the person who received the request has 10 working days to transfer the request to the appropriate Department (or Minister or organisation).
If a request is transferred, the new Department (or Minister or organisation) has a full 20 working days from when it receives the request to make its decision and get back to the person making the request.
Do I have to pay?
The Act sets out that the Department (or Minister or organisation) may charge for the supply of official information (i.e. the hours involved in photocopying the information). The charge must be reasonable and you should be told about the charge before the work commences.
Can my request be declined?
The starting point for looking at a request is section 5 of the Act. This section sets out that the guiding principle for dealing with requests for information is that the “information shall be made available unless there is good reason for withholding it”.
However, there are instances where requests for information can be refused. For example a request can be refused for the maintenance of the law, for reasons of personal privacy, for the health and safety of the public or for the national security or defence of New Zealand. The grounds for refusing a request are set out in sections 6-11 of the Official Information Act 1982.
If your request is refused, you have to be told of the reason for the refusal.
What if I don’t get the information that I want?
You can either try re-wording your request to get the information you want, or if you feel that your request has been declined without good reason, or has not been handled in an appropriate manner, you can make a complaint to the Ombudsmen.
For information on making a complaint to the Ombudsmen, visit: www.ombudsmen.govt.nz or call (0800) 802 602.
A helpful Ministry of Justice pamphlet on the Official Information Act can be found at:
http://www.justice.govt.nz/pubs/other/pamphlets/2001/info_act.html
