C.10.Res.01 Grounds to withhold or refuse external parties request for information

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Apart from a few exceptions, any information held by Corrections, as an agency that is subject to the [Official Information Act 1982 (OIA)], is ‘official information’ and must be considered for release if requested.

A request for official information does not need to refer to the OIA, it can be communicated by any means (including orally or by social media) and can be made to any person in the agency.

In accordance with the OIA, Corrections must make a decision about whether it will release the information requested and communicate this decision to the requester as soon as reasonably practicable and no later than 20 working days after the request is received, unless Corrections has extended the time limits for response.

The OIA specifies three types of “good reasons” for withholding official information: conclusive reasons; special reasons; and other reasons. Furthermore, the OIA specifies a number of administrative reasons, in addition to good reasons for withholding, for refusing a request for official information.

The only legitimate reasons for withholding or refusing official information are those in the OIA.

Managers must withhold the information if any of the following reasons are identified.

Conclusive reasons to withhold official informationLegislation
Prejudice New Zealand’s defence, security or international relations.Section 6 (a)
Prejudice any international government or organisations entrusting information to the government on a basis of confidence.Section 6 (b)
Prejudice the maintenance of the law (including the prevention, investigation, and detection of offences and the right to a fair trial).Section 6 (c)
Endanger the safety of any person.Section 6 (d)
Seriously damage the economy by prematurely disclosing decisions to change or continue with Government economic or financial policies.Section 6 (e)

Managers must withhold the information if any of the following reasons are identified:

Special reasons to withhold official informationLegislation
Likely to prejudice the security or defence of the Cook Islands, Tokelau, Niue or the Ross DependencySection 7 (a)
Likely to prejudice relations between any of the Governments of New Zealand, the Cook Islands and Niue.Section 7 (b)
Likely to prejudice the international relations of the Cook Islands or Niue.Section 7 (c)

Managers should withhold the information if any of the following reasons are identified. In these cases, however, the reasons to withhold official information must be weighed against any other considerations which may render it desirable in the public interest to release the information. Corrections must be able to demonstrate that the public interest has been considered.

Other reasons to withhold official informationSection
Protect the privacy of natural persons (including the privacy of a deceased person).Section 9 (2) (a)
Protect information where the making available of the information would disclose a trade secret or would be likely unreasonably to prejudice the commercial position of the person who supplied or who is the subject of the information.Section 9 (2) (b)
Protect information which is subject to an obligation of confidence or which any person is compellable to provide, where the making available of the information would be likely to prejudice the supply of similar information or information from a similar source and it is in the public interest that such information should continue to be supplied, or it would be likely otherwise to damage the public interest.Section 9 (2) (b)
Avoid prejudice to measures protecting the health or safety of members of the public.Section 9 (2) (c)
Avoid prejudice to the substantial economic interests of New Zealand.Section 9 (2) (d)
Avoid prejudice to measures that prevent or mitigate material loss to members of the public.Section 9 (2) (e)
Maintain the constitutional conventions which protect confidentiality of communications by or with the Sovereign or her representative, collective and individual ministerial responsibility, the political neutrality of officials, and the confidentiality of advice tendered by Ministers and officials.Section 9 (2) (f)
Maintain the effective conduct of public affairs through the free and frank expression of opinions by, between, or to, Ministers, officers and employees of a Department or members of an organisation, in the course of their duty, or through protection of any of them from improper pressure or harassment.Section 9 (2) (g)
Maintain legal professional privilege.Section 9 (2) (h)
Enable a Minister or Department to carry out commercial activities.Section 9 (2) (I)
Enable a Minister or Department to carry out negotiations without prejudice or disadvantage.Section 9 (2) (j)
Prevent disclosure or use of information for improper gain.Section 9 (2) (k)

Requests for official information may only be refused for one or more of the following administrative reasons:

Reason to refuse a request for official informationLegislation
Good reason (conclusive, special, or other) to withhold the information existsSection 18 (a)
The reason in section 10 require a response that neither confirms nor denies that the information exists.Section 18 (b)
The release is contrary to another Act or could 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 information could be, or has been, sought by a defendant (or person acting for a defendant) under the [Criminal Disclosure Act 2008].Section 18 (da)
The information does not exist, or is not held by the Department.Section 18 (e)
The information requires substantial collation or research.Section 18 (f)
The information requested is not held by the Department, and there are no grounds for believing that it is held by another agency, or connected more closely with the functions of another agency.Section 18 (g)
The information is trivial, or the request is frivolous or vexatious.Section 18 (h)