GUIDE
OIMA
LG
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Official information can include:
Reports, memoranda, letters, notes, emails, draft documents, material stored on computers, video/tape recordings,
mobile devices, info known to AT but not yet recorded in writing and memory of a staff member.
Options
When responding to LGOIMA requests, in general we have the following options:
1. Grant the request and release the information, either as it was requested or with conditions
2. Charge the customer for the release of information, though we normally give the customer an opportunity
to narrow their request to avoid charges
3. Extend the timeframe to make a decision because the request:
a. involves a significant amount of information
b. is not clear and we need the customer to clarify/amend the request to make it clearer
c. involves internal consultation
4. Refuse the request. The main reasons a request can be refused are as follows:
a. Information does not exist or we do not hold it (for the latter, we must transfer the request to the
appropriate agency if this is known)
b. A request is not made with due particularity (cannot be identified). This amounts to an invalid
request
c. Disclose commercial information of a third party or a trade secret
d. Endanger the H&S of any person
e. Breach privacy
To make a determination, an
initial assessment of the request is required. This must be done as quickly as possible to
ensure we meet our obligations under the Act including meeting the statutory timeframes.
Important note!
Remember that at the heart of the Act is the principle of availability of information.
The Act makes the official information held by local authorities more freely available.
Customer requests
information
Objectives: • Decision communicated within 20 working days
• Information released without undue delay
Options:
Do an initial assessment to determine one of the
following options
IT IS A
IT WILL TAKE
THE ISSUE
THE INFO
STRAIGHTFORWARD
MORE THAN 5 HRS
IS COMPLEX OR
IS SENSITIVE,
REQUEST
TO COLLATE ALL
THE NEED
DOESN’T EXIST
THE MATERIAL
THE CUSTOMER
OR WILL CAUSE
• Is the info easily
accessible?
TO CLARIFY THEIR
AN ISSUE
• Is there a lot of
• Is some of the info
REQUEST
IF RELEASED
information which will
easily accessible
take a long time to
research and/or
• Do you need the
We cannot release the
collate?
customer to clarify
information because:
something about their
request?
• We do not hold the
• Is there a lot of
information
information to collate
• Information does not
and/or research?
exist
• Do you need to
• Info held by us, but
BEFORE DECIDING
consult with other
more closely connected
TO IMPOSE A
business units /internal
with functions/activities
CHARGE, CONSIDER
consultation?
of another organisation
THE FOLLOWING
• Is the request too
• It will endanger H&S
broad?
OPTIONS:
• It will breach privacy
• The info will soon be
• Consulting with
publicly available
customer
• It would impair
• Extend timeframe
efficient administration
• Consider making
• Requires substantial
the info available by
collation and research
another means
• Refuse the request
but while doing so, ask
the customer to narrow
their request
Otherwise
Grant
Charge
Extend
Refuse
the request
for the release
the timeframe
the request
of information
to communicate
decision
1. Granting the request
If the request can be granted, the decision must be released within 20 days and the information without undue delay.
Action
1. Assemble the information as soon as possible
2. Send response to CLT
What happens next
CLT will send the response to the customer and close the CRM case
2. Charging the customer
This scenario covers requests which take a long time to compile.
If you think it will take longer than 5 hours to research and collate the info, there are a number of options to consider
before deciding to charge a customer.
Options
• consult with the customer to try to narrow or refine the request
• extend the time period for responding to the request
• consider making the information available in other ways e.g. by providing a summary or an oral briefing
• refuse the request on the basis of substantial collation and research but offer the customer a chance to refine their
request
Action
1. Advise CLT how many hours you estimate the work to take (research, collation, photocopying or combination
thereof). Note that this must not include the time it takes you to work out the estimate
2. Advise CLT what that amounts to in working days (for the new due date)
3. Do not do any further work on the request until CLT notify the customer of how we intend to proceed and the
customer subsequently responds
What happens next
• CLT will liaise with the business unit to determine the preferred option from above
• If a decision is made to charge the customer, CLT will send a quote to the customer. This will outline:
o That we have granted their request subject to a charge
o The amount of the charge and how the charge is calculated
o The payment is required in 20 working days (AT policy)
o That the customer has a right to complain to the Office of the Ombudsman
Then what
• The customer can accept, decline, or refine their request
• The customer has 20 days to pay
• If payment is not received within this timeframe, or the customer does not reply, CLT will close the CRM case.
NB: The current charge is $47.50 for every 30 mins of work over 5 HRS
3. Extending the timeframe
Timeframe extensions are permitted but only in certain circumstances and if done within 20 working days:
1. The request is for a large quantity of information or necessitates a search through a large quantity of information
and meeting the original time limit would unreasonably interfere with our operations
OR
2. Consultations necessary to make a decision on the request are such that a proper response to the request cannot
reasonably be made within the original time limit.
Action
Let CLT know within 10 working days that you need more than 20 days to make a decision. Explain your reasons
What happens next
• CLT will inform the customer of the following:
o we have decided to extend the time limit
o the specific period of the extension
o the reasons for the extension
o any other necessary information; and
o that the requester has a right to complain to the Ombudsman about the extension decision.
NB: While multiple extensions are permitted (if done within the first 20 working days), it is not encouraged as it
can irritate the customer and reflect badly on us.
4. Refusing the request
The request can only be refused if it meets one of the withholding reasons under the Act.
Action
Let CLT know as soon as possible that you do not understand what the
1. The request has not been
request is about
made with ‘due particularity’?
What happens next
That is, are you unable to identify
CLT will contact the customer and ask them to reframe their request and
what the customer is requesting
provide them with assistance to do this.
Notes
The 20 working day timeframe does not apply. This is because requests
of this nature are effectively invalid
Action
Let CLT know within
10 days that the information cannot be found
What happens next
• CLT will inform the customer that the information does not exist
Notes
• This is still treated as a valid request and therefore the 20 day
2. The information
does not exist
timeframe applies. This means we need to communicate this decision
to the customer within 20 working days.
• Opinions are excluded from LGOIMA. You are not required to create
the information.
• If you believe the information cannot be found, please make
reasonable efforts to locate the document before refusing a request
on this ground.
Action
Let CLT know within
5 days that the information is not held and which
organisation holds it if this is known (e.g. AC, NZTA, Kiwirail etc.)
What happens next
3. We do not hold
CLT will formally transfer the request to the other organisation and inform
the information
the customer of this.
Notes
If we hold the information but believe it is more closely aligned with the
function of another organisation or local authority, the request must also
be formally transferred within 10 working days.
Action
1. Advise CLT the reason why you believe the information should be
withheld or that the information does not exist or is not held.
2. CLT will consult with Legal Services if necessary
What happens next
4. For all other reasons*
CLT will inform the customer of the reason why the information is being
(Refer to table overleaf)
withheld and that they have a right to complain to the Office of the
Ombudsman
Notes
• Please do not delete or obscure that information yourself
*Other refusal reasons
Conclusive reasons
• Prejudice the maintenance of the law e.g. right to a fair trial
• Endanger the health and safety of any person
Other reasons (these reasons must cause a harm AND must not be outweighed by public interest to release the information)
• Protect the privacy of natural persons
• Disclose the commercial information of a third party or a trade secret
• Compromises the free and frank expression of opinions by, between or to employees in the course of their duty
• Compromises protection of staff/members (improper pressure or harassment)
• Br
eaches legal professional privilege
• Compromises ATs ability to carry out commercial activities without prejudice or disadvantage
• Compromises ATs ability to carry on negotiations (commercial and industrial) without prejudice or disadvantage.
• Be used for improper gain or improper advantage
Administrative reasons
• The information requested is, or will soon be publically available
• The document does not exist or cannot be found (NB: we must make reasonable efforts to locate the document
before refusing a request on this ground)
• The information requested cannot be made available without substantial collation or research
• The request is frivolous or vexatious
• The request is trivial
Personal information
• Disclosure would involve the unwarranted disclosure of the affairs of another person or of a deceased person
• Breach an express or implied promise made to the supplier that the information (and/or their identity) would be
held in confidence.
5. Amended / clarified requests
Do you need the customer to clarify any aspect of the request or to refine their request? If the LGOIMA request is too
broad or vague, we are legally obliged to assist the customer make their request more specific. This could involve:
Options
• explaining the lack of clarity or difficulty involved with meeting the request as it is currently framed
• give options for how the issues or difficulties might be addressed such as providing contact details of a person the
requestor can consult with
• provide the customer with options to refine their request e.g. timeframes, specific geographical regions
Action
1. Identify questions to ask the customer to help them clarify/amend their request
2. Let CLT know within
5 days whether the request is too broad and that we need to ask the customer to refine/amend
their request. Forward the questions to CLT to ask the customer
What happens next
• CLT will contact the customer. However in some instances, it might be better for you, the SME, to contact the
customer by phone. This might resolve any ambiguity about the information they are seeking.
• Refer to table below:
Specific scenario
Outcome
If the customer amends/clarifies
The new request supersedes the original request.
their request within 20 working
The 20 day timeframe starts from the day after the new request is
days
received.
The original request still stands which means the 20 day response
If the customer provides an
timeframe starts from the date the request is received.
amended request outside 20
working days
• Extend timeframe (to allow time for consultation with customer)
Or
• Convey our decision:
o Grant as it stands
We do not seek clarity within 7
o Charge
working days
o Extend
o Refuse
NB: If a completely different request is received (opposed to an amended/clarified request), this counts as a new
request and the 20 day timeframe starts the day after receiving the new request.
