Appendix A: Recommendations

Chapter 15 – Issues of compatibility

Consistency with the Public Records Act 2005

R132The terms “information” in the OIA and LGOIMA and “record” in the Public Records Act 2005 should remain unchanged.

R133Section 18 of the OIA and section 17 of the LGOIMA should be amended to provide that the Ombudsmen may notify the Chief Archivist if a request is refused on any of the following grounds:

(a)the information does not exist or cannot be found (under section 18(e) of the OIA or section 17(e) of the LGOIMA);

(b)the information cannot be made available without substantial collation or research (under section 18(f) of the OIA or section 17(f) of the LGOIMA);

(c)the information is not held by the agency in question (under section 18(g) of the OIA or section 17(g) of the LGOIMA).

 

Consistency between the OIA and LGOIMA

R134Sections 12, 21, 22 and 23 of the OIA should be amended to provide that any person (whether a citizen of New Zealand, resident in New Zealand or otherwise) can make a request for information, consistent with sections 10, 21, 22 and 23 of the LGOIMA.

R135The following sections of the LGOIMA should be amended for consistency with the OIA:

(a)Section 4(a) of the LGOIMA should provide that a purpose of the Act is to increase progressively the availability of official information to the public;

(b)Section 2(6) of the LGOIMA should be deleted and replaced with a provision like section 2(5) of the OIA, deeming that any information held by an independent contractor engaged by a local authority is, for the purposes of LGOIMA, held by the local authority.