8.    Requesting Information From Council

Under the Local Government Official Information and Meetings Act 1987 (“LGOIMA”) any person may request official information from the Council. You do not have to say you are making a request under LGOIMA as all requests for information automatically come under LGOIMA. 

The term “Official Information” refers to all information (with a few exceptions) held by a local authority. The underlying principle of LGOIMA is that information should be made available unless there is good reason to withhold it.  The purpose of LGOIMA is to promote democracy and transparency in Local Government by making information freely available.

Requesting information:

• requests can be made in any form (e.g. by email, in person or over the phone) however making a request in writing is recommended, especially for complex requests for information;
• requests must be made with “due particularity” (rather than asking for all files about a general topic) this will also help the Council staff who are looking for the information for you;
• it is the duty of Council to give reasonable assistance to people making requests;
• information in documents may be made available by providing an opportunity for reading it or by providing a copy of it or by providing a summary or excerpt; however, it should be made available in the way preferred by the requestor unless there are reasons for not doing so ;
• you cannot make requests for “why” information.  This means that while you can ask for information on a topic, you cannot ask for an opinion on that information under LGOIMA;
• the Council must provide you with a decision on whether to grant your request within 20 working days (although there are certain circumstances where this time-frame may be extended); and
• LGOIMA allows for charges to be set to cover costs of collating information. The Council’s charges are based on the guidelines of the Ministry of Justice.

A request may be refused if:

• there is good reason to withhold it under section 6 or 7 of LGOIMA;
• the information will soon be publicly available;
• the information requested is Library, museum or exhibition material;
• the local authority does not actually hold the information;
• the information cannot be made available without substantial collation or research;
• the request is frivolous or vexatious;
• the information requested is correspondence with the Ombudsman;
• the information is held or more closely associated with another public office (in which case Council must transfer your request to that office); and
• where a request is refused the Council must give its reasons and advise the requestor that there they have a right to have the decision reviewed by the Ombudsman. Further information can be found at http://www.ombudsmen.govt.nz.

In general, Sections 6 & 7 of LGOIMA provide the following reasons for withholding information:

• making it available would be likely to prejudice the maintenance of the law, or endanger safety; and
• when balanced against public interest, withholding the information is necessary to:
  • protect the privacy of natural persons;
  • protect information where its release would disclose a trade secret or would prejudice the commercial position of the person who supplied, or who is the subject of, the information;
  • avoid offence to tikanga Maori or avoid disclosure of waahi tapu locations;
  • protect an obligation of confidentiality where making it available would affect the future supply of information or would otherwise damage the public interest;
  • maintain free and frank discussion or protect officers and members from harassment;
  • maintain litigation or legal professional privilege;
  • enable the council to carry out without prejudice or disadvantage commercial activities or negotiations; and
  • prevent the use of information for improper gain.