Privacy Act 1993
IV: Good Reasons for Refusing Access to Personal Information
Commencement Date: 1 Jul 1993
Section 27. Security, defence, international relations, etc.
PART IV
GOOD REASONS FOR REFUSING ACCESS TO PERSONAL INFORMATION
27. Security, defence, international relations, etc.---(1) An agency
may refuse to disclose any information requested pursuant to principle 6
if the disclosure of the information would be likely---
(a) To prejudice the security or defence of New Zealand or the
international relations of the Government of New Zealand; or
(b) To prejudice the entrusting of information to the Government of
New Zealand on a basis of confidence by---
(i) The government of any other country or any agency of such
a government; or
(ii) Any international organisation; or
(c) To prejudice the maintenance of the law, including the prevention,
investigation, and detection of offences, and the right to a
fair trial; or
(d) To endanger the safety of any individual.
(2) An agency may refuse to disclose any information requested
pursuant to principle 6 if the disclosure of the information would be
likely---
(a) To prejudice the security or defence of---
(i) The self-governing state of the Cook Islands; or
(ii) The self-governing state of Niue; or
(iii) Tokelau; or
(iv) The Ross Dependency; or
(b) To prejudice relations between any of the Governments of---
(i) New Zealand:
(ii) The self-governing state of the Cook Islands:
(iii) The self-governing state of Niue; or
(c) To prejudice the international relations of the Governments of---
(i) The self-governing state of the Cook Islands; or
(ii) The self-governing state of Niue.
Cf. 1982, No. 156, s. 27 (1) (a); 1987, No. 8, s. 4 (2); 1987, No.
174, s. 26 (1) (a)
Section 28. Trade secrets
28. Trade secrets---(1) Subject to subsection (2) of this section, an
agency may refuse to disclose any information requested pursuant to
principle 6 if the withholding of the information is necessary to
protect information where the making available of the information---
(a) Would disclose a trade secret; or
(b) Would be likely unreasonably to prejudice the commercial position
of the person who supplied or who is the subject of the
information.
(2) Information may not be withheld under subsection (1) of this
section if, in the circumstances of the particular case, the withholding
of that information is outweighed by other considerations which render
it desirable, in the public interest, to make the information available.
Cf. 1982, No. 156, s. 27 (1) (a); 1987, No. 8, s. 4 (2); 1987, No.
174, s. 26 (1) (a)
Section 29. Other reasons for refusal of requests
29. Other reasons for refusal of requests---(1) An agency may refuse
to disclose any information requested pursuant to principle 6 if---
(a) The disclosure of the information would involve the unwarranted
disclosure of the affairs of another individual or of a deceased
individual; or
(b) 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
(c) After consultation undertaken (where practicable) by or on behalf
of the agency with an individual's medical practitioner, the
agency is satisfied that---
(i) The information relates to that individual; and
(ii) The disclosure of the information (being information that
relates to the physical or mental health of the individual who
requested it) would be likely to prejudice the physical or
mental health of that individual; or
(d) In the case of an individual under the age of 16, the disclosure
of that information would be contrary to that individual's
interests; or
(e) The disclosure of that information (being information in respect
of an individual 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 individual; or
(f) The disclosure of the information would breach legal professional
privilege; or
(g) In the case of a request made to Radio New Zealand Limited or
Television New Zealand Limited, the disclosure of the
information would be likely to reveal the source of information
of a bona fide news media journalist and either---
(i) The information is subject to an obligation of confidence;
or
(ii) The disclosure of the information would be likely to
prejudice the supply of similar information, or information from
the same source; or
(h) The disclosure of the information, being information contained in
material placed in any library or museum or archive, would
breach a condition subject to which that material was so placed;
or
(i) The disclosure of the information would constitute contempt of
Court or of the House of Representatives; or
(j) The request is frivolous or vexatious, or the information
requested is trivial.
(2) An agency may refuse a request made pursuant to principle 6 if---
(a) The information requested is not readily retrievable; or
(b) The information requested does not exist or cannot be found; or
(c) The information requested is not held by the agency and the person
dealing with the request has no grounds for believing that the
information is either---
(i) Held by another agency; or
(ii) Connected more closely with the functions or activities
of another agency.
(3) For the purposes of subsection (1) (b) of this section, the term
``evaluative material'' means evaluative or opinion material compiled
solely---
(a) For the purpose of determining the suitability, eligibility, or
qualifications of the individual to whom the material relates---
(i) For employment or for appointment to office; or
(ii) For promotion in employment or office or for continuance
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; or
(c) For the purpose of deciding whether to insure any individual or
property or to continue or renew the insurance of any individual
or property.
Cf. 1982, No. 156, ss. 18 (c) (ii), (e), (g), (h), 27 (1) (b)-(h),
(2); 1987, No. 8, s. 15 (1); 1987, No. 174, ss. 17 (c) (ii), (e),
(g), (h), 26 (1) (b)-(h), (2)
Section 30. Refusal not permitted for any other reason
30. Refusal not permitted for any other reason---Subject to sections
7, 31, and 32 of this Act, no reasons other than one or more of the
reasons set out in sections 27 to 29 of this Act justifies a refusal to
disclose any information requested pursuant to principle 6.
Cf. 1982, No. 156, s. 27 (1A); 1987, No. 8, s. 15 (2); 1987, No.
174, s. 26 (2)
GP Print, Wellinton.