New Zealand Acts

LOCAL GOVERNMENT OFFICIAL INFORMATION AND MEETINGS ACT 1987 - SECT 22

22 Right of access by person to reasons for decisions affecting that person

1 Subject to sections 6, 7(2)(b), 8, and 44 , where a local authority makes, on or after 1 March 1988, a decision or recommendation in respect of any person, being a decision or recommendation in respect of that person in that person's personal capacity, that person has the right to and shall, on request made within a reasonable time of the making of the decision or recommendation, be given a written statement of—

a) the findings on material issues of fact; and

b) subject to subsection (1A), a reference to the information on which the findings were based; and

c) the reasons for the decision or recommendation.

1A A reference to the information on which any findings were based need not be given under subsection (1)(b) if—

a) 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

b) after consultation undertaken (where practicable) by or on behalf of the local authority with a natural person's medical practitioner, the local authority is satisfied that—

i) the information relates to that person; and

ii) the disclosure of the information (being information that relates to the physical or mental health of the person making the request under this section) would be likely to prejudice the physical or mental health of that person; or

c) in the case of a natural person under the age of 16, the disclosure of that information would be contrary to that person's interests; or

d) the disclosure of that information (being information in respect of a person 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 person.

1B For the purposes of subsection (1A), the term
"evaluative material" means evaluative or opinion material compiled solely—

a) for the purpose of determining the suitability, eligibility, or qualifications of the person to whom the material relates—

i) for employment or for appointment to office; or

ii) for promotion in employment or office or for continuation 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.

2 Sections 10(3), 11 to 14, and 18 shall apply, with all necessary modifications, to a request made under subsection (1).

3 In subsection (1A)(b),
"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.

Note: 1982 No 156 s 23 ; 1987 No 8 ss 4(2), 9(2)

History: Section 22(1)(b): amended, on 1 July 1993, by section 4(1) of the Local Government Official Information and Meetings Amendment Act 1993 (1993 No 37).   Section 22(1A): inserted, on 1 July 1993, by section 4(2) of the Local Government Official Information and Meetings Amendment Act 1993 (1993 No 37).     Section 22(1B): inserted, on 1 July 1993, by section 4(2) of the Local Government Official Information and Meetings Amendment Act 1993 (1993 No 37).     Section 22(3): added, on 18 September 2004, by section 175(1) of the Health Practitioners Competence Assurance Act 2003 (2003 No 48).