Our responsibilities

Our responsibilities under the Official Information Act 1982 (the Act) include responding to requests for official information from the media.

Requests for commentary, opinion or interview are not defined as official information so they are not covered by the Act.

Reasons for refusal

There are times when the media team cannot provide the information requested. This is either because there is a good reason under the Act for refusing the request or because of the time it will take to provide the information.

Where timeframes are an issue, the media team checks with the reporter to make sure they want to proceed with their request before referring the request to the Official Information team to provide a response.

There are several reasons why the media team may refuse to provide all or some of the information requested by the media. These are set out below.

Telling you about these reasons ensures we are fulfilling our obligation under the Act to provide a reason for the refusal. This is specified under section 19 of the Act.

Official Information Act 1982 – New Zealand Legislation

Reasons for declining a media request

All the information requested is withheld under these sections of the Act. 

Section 6: Conclusive reasons for withholding official information – New Zealand Legislation

Section 7: Special reasons for withholding official information – New Zealand Legislation

Section 9: Other reasons for withholding official information – New Zealand Legislation

Section 18: Refusal of requests – New Zealand Legislation

Examples

• The information would harm the maintenance of the law because the matter is, or will be, before the courts (including the Coroner): sections 18(a) and 6(c).
• Releasing the information would impact an individual’s privacy: sections18(a) and 9(2)(a).
• The information is commercially sensitive and/or would harm the Ministry’s ability to carry out commercial activities: sections 18(a) and 9(2)(b) and/or 18(a) and 9(2)(i).
• The information was provided in confidence: sections 18(a) and 9(2)(ba).
• The information would harm negotiations: sections 18(a) and 9(2)(j).
• The information is legally privileged: sections 18(a) and 9(2)(h).
• We neither confirm nor deny that the information exists: sections 18(b) and 10.
• If we released the information that would be contrary to other legislation or constitute contempt of court or the House of Representatives: section 18(c).
• The information is or will soon be publicly available: section 18(d).
• The document does not exist or is unable to be found: section 18(e).
• Substantial collation or research is required to make the information available: section 18(f).
• The Ministry does not hold the information and we don’t believe it is either held by or more closely related to the functions of any other agency subject to the Act: section 18(g).