Freedom of information in New Zealand

John EdwardsBarrister and SolicitorWellington, New Zealand

This presentation covers

• Key elements of NZ law• Similarities/differences

with Chilean proposal• Things we have learned in

25 years of freedom of information

Key elements of NZ Law

• Principle of availability– No reason to ask, no justification

necessary

• Withhold where disclosure would cause demonstrable harm– Administrative reasons (will soon be

published, would require substantial collation & research)

– Conclusive reasons (security, defence, maintenance of the law)

– Good reasons (privacy, commercial, policy formulation & decision making - subject to public interest override)

• Time limits – Respond - 20 working days– Transfer – 10 working days

• Low cost• Ready access to free

appeal

• Has changed the way government business is conducted - much more open/consultative

• Has influenced other laws

• Has affected the outcome of elections

• Has lead to public servants being sacked

Chile vs Nueva Zealandia

• ChileDuty on

requester to specify information

Third party veto

• New ZealandDuty on

agency to assist

Can consult – but no veto & subject to public interest

Chile vs Nueva Zealandia

• ChileSecret for 25

yearsTransparency

TribunalFree provision

Real sanctions on officials for improper withholding

• NZConstant

revisionOmbudsman

Reasonable cost

Not punitive

Things we’ve learnt

• Biggest barrier to access is knowing what to ask for

• Training and resourcing is critical

• A disproportionate burden can be imposed by a few requesters

• Officials can be innovative in finding ways to avoid law