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)