Official Information Act 1982

Part 2 Requests for access to official information

12 Requests

(1)

Any person, being—

(a)

a New Zealand citizen; or

(b)

a permanent resident of New Zealand; or

(c)

a person who is in New Zealand; or

(d)

a body corporate which is incorporated in New Zealand; or

(e)

a body corporate which is incorporated outside New Zealand but which has a place of business in New Zealand,—

may request a department (for itself and for a departmental agency hosted by it or an interdepartmental executive board serviced by it) or interdepartmental venture or Minister of the Crown or organisation to make available to him or it any specified official information.

(1AA)

A request under subsection (1)—

(a)

may be made in any form and communicated by any means (including orally); and

(b)

does not need to refer to this Act.

(1A)

Notwithstanding subsection (1), a request made, on or after the date of commencement of this subsection, by or on behalf of a natural person for access to any personal information which is about that person shall be deemed to be a request made pursuant to information privacy principle 6(1)(b) set out in section 22 of the Privacy Act 2020, and shall be dealt with accordingly, and nothing in this Part or in Part 5 shall apply in relation to any such request.

(2)

The official information requested shall be specified with due particularity in the request.

(3)

If the person making the request asks that his request be treated as urgent, he shall give his reasons for seeking the information urgently.

(4)

A department or venture or Minister of the Crown or organisation to which an oral request is made under subsection (1) may, if written clarification is reasonably necessary, ask the person making the request to put the request in writing to clarify the request.

(5)

If the person declines or is unable to put the request in writing, the department or venture or Minister of the Crown or organisation must record its understanding of the request and provide a copy of the record to the person.

Section 12(1): replaced, on 1 April 1987, by section 6 of the Official Information Amendment Act 1987 (1987 No 8).

Section 12(1): amended, on 7 August 2020, by section 135 of the Public Service Act 2020 (2020 No 40).

Section 12(1AA): inserted, on 26 March 2015, by section 4(1) of the Official Information Amendment Act 2015 (2015 No 29).

Section 12(1A): inserted, on 1 July 1993, by section 3 of the Official Information Amendment Act 1993 (1993 No 36).

Section 12(1A): amended, on 1 December 2020, by section 217 of the Privacy Act 2020 (2020 No 31).

Section 12(4): inserted, on 26 March 2015, by section 4(2) of the Official Information Amendment Act 2015 (2015 No 29).

Section 12(4): amended, on 7 August 2020, by section 135 of the Public Service Act 2020 (2020 No 40).

Section 12(5): inserted, on 26 March 2015, by section 4(2) of the Official Information Amendment Act 2015 (2015 No 29).

Section 12(5): amended, on 7 August 2020, by section 135 of the Public Service Act 2020 (2020 No 40).