
Released under the Official Information Act 1982
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Joint Policy Statement: JPS-028
Responding to Information Requests
Policy Owner
Director Policy and Partnerships
Policy Administrator Ministerial Services and Accountability
Manager
Approval Authority
Director-General, GCSB
Director-General, NZSIS
21 December 2022
Approval Date
2022-12-21 - Signed
Approved via briefing note DG briefing note.pd
Review Date
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Contents
Introduction ....................................................................................................................................................................... 3
Purpose ...................................................................................................................................................................... 3
Function ..................................................................................................................................................................... 3
Definitions ................................................................................................................................................................. 3
Responsibilities ....................................................................................................................................................... 4
Further sources of policy and process guidance ...................................................................................... 4
Guiding principles ........................................................................................................................................................... 5
Policy ..................................................................................................................................................................................... 7
Requests made under the Official Information and Privacy Acts....................................................... 7
Responding to requests ...................................................................................................................................... 8
Preparing a response ............................................................................................................................................ 9
Publication of Official Information Act responses .................................................................................. 11
Responding to requests from correspondents with unconventional perceptions ................... 11
Requests to correct personal information ................................................................................................. 11
Previous Policy Revoked ........................................................................................................................................... 11
Summary of Minor Amendments ......................................................................................................................... 13
Appendix 1: Consultation and sign-off process for information requests ........................................ 14
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Introduction
Purpose
1. This policy outlines the process and considerations that must be met in responding to
information requests under the provisions of the Official Information Act 1982 (OIA) and
the Privacy Act 2020.
Function
2. To provide individuals with appropriate access to personal information held by the GCSB
and NZSIS relating to that individual in accordance with the requirements of the Privacy
Act.
3. To provide requesters with appropriate access to official information in accordance with
the requirements of the OIA.
Definitions
4.
Agencies: In this policy, the Agencies refers to GCSB and NZSIS.
5.
Drafters: The Agencies have designated advisors, located in the Joint Directors-General
office, who are responsible for drafting responses to OIA and Privacy Act requests and
ensuring the correct consultation and sign-off process is fol owed. In this document,
those responsible for preparing OIA and Privacy Act requests wil be referred to as
“Drafters.”
6.
Official Information: For the purposes of the OIA, official information means any
information held by a department, Minister of the Crown, or an organisation. It includes
al formal and informal documentation including emails, draft documents and oral
conversations.1
7.
Personal information: For the purposes of the Privacy Act, personal information means
information about an identifiable individual.2
1 Section 2, Official Information Act 1982.
2 Section 7, Privacy Act 2020.
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Responsibilities
All GCSB and NZSIS staff
8. All staff are expected to provide assistance where necessary to ensure statutory
deadlines and requirements are met.
9. All staff must refer any requests for information under the OIA or Privacy Act to the Joint
Directors-General Office for logging and processing as soon as practicable.
Drafter
10. The Drafter is expected to col ate information and prepare responses in accordance with
the requirements set out in the OIA and Privacy Act.
11. The Drafter is responsible for ensuring that al necessary parties have been consulted as
required, and that relevant stakeholders are notified prior to information being released.
Tier 2 Managers
12. Tier 2 managers are responsible for ensuring that drafters are given assistance in a timely
manner by directorate staff. If there are difficulties getting the required information, or
agreeing on a proposed approach to a response, the matter wil be elevated to the Tier 2
Manager for resolution.
Authoriser(s)
13. The Authoriser(s) must review al material prepared as part of the decision process and
sign-off on the OIA or Privacy Act response.
14. The level of authoriser sign-off required wil change depending on the nature of the
information requested. To determine what level of sign-off is required for a request, refer
to Appendix One.
Joint Directors-General Office
15. The Joint Directors-General Office is responsible for maintaining a consistent approach
across information requests.
Further sources of information
16. The OIA and Privacy Act are on www.legislation.govt.nz.
17. Relevant policies include:
JPS-009 - Privacy
18. Relevant SOPs
19.
Guidance on NZSIS and GCSB responses to OIA and Privacy Act requests: use of “neither
confirm nor deny” (NCND).
20. When determining how to deal with information requests, and drafting of policy
amendments, the Agencies wil consider guidance released by the Offices of the
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Ombudsman, Privacy Commissioner, Inspector-General of Intelligence and Security and
the Public Services Commission. This information includes, but is not limited to, guidance
notes, privacy notices, opinions, reports and case notes.
Guiding principles
Principle of availability
21. The principle of availability underpins the Official Information Act 1982. It is set out in
section 5 of the OIA. The principle of availability means that requested information must
be made available unless there is a good reason for withholding it, as al owed for in the
legislation. This principle must be kept in mind when considering how best to respond to
a request.
Access to personal information
22. Principle 6 of the Privacy Act al ows for individuals to request confirmation of the
existence of information held on them and access to that information.
Openness and transparency
23. The Agencies are required to, and aim to be, as open and transparent as possible when
answering information requests.
Protection of interests
24. Despite the principle of availability and the right to access personal information, the
Agencies may refuse to disclose or provide access to information provided there are
grounds to rely on in either the OIA or the Privacy Act.
25. Some commonly used grounds include consideration of the security or defence of New
Zealand or the international relations of the Government of New Zealand; privacy of
individuals; legal professional privilege; maintenance of confidentiality and protection of
commercial and economic information.
Duty of assistance
26. Per section 13 of the OIA and section 42 of the Privacy Act, the Agencies have a duty to
provide reasonable assistance to the person making an information request.
27. Reasonable assistance includes, as required, consulting the requester to clarify the scope
of the request and keeping them informed of any delays or difficulties in providing a
response.
Consultation
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28. Drafters must ensure that al stakeholders (internal and external) and risk owners with a
legitimate interest in the subject matter are consulted during the process of responding
to information requests.
29. Stakeholders and risk owners should be given adequate time to review and consider
requests, and drafters must give consideration to the feedback received during
consultation.
Timeliness
30. Information requests should be responded to as soon as reasonably practicable in
accordance with the requirements of the OIA and the Privacy Act. If a decision is going to
be extended or delayed, drafters should communicate this to the requester as soon as
practicable.
Accurate record keeping
31. Complete and accurate records must be kept about information requests received and
responded to by the Agencies.
32. Drafters must ensure that information relevant to the decision-making process is saved
and accessible for future reference.
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Policy
Requests made under the Official Information and Privacy Acts
33. In general, any request from a member of the public for information held by the
Agencies is an OIA or Privacy Act request. It is not necessary for a requester to explicitly
state that their request is made under either Act, or for the request to be in a particular
format.
34. Requests do not need to be made in writing, though if a request is made verbal y we are
able to ask the requester to put the request in writing if needed to clarify the request. If a
request is not made in writing, we should record our understanding of the request and
provide a copy to the requester.
35. Drafters must ensure that requests are considered under the appropriate legislation.
No
Is the information
Yes
requested about the
person making the
request?
No
Official Information Act
Yes
Is the information about
applies
a natural person (i.e. not
a company)?
Official Information Act
Privacy Act applies
applies
36. A request for information may have parts that must be considered under the OIA and
other parts that must be considered under the Privacy Act.
Who can make a request
37. Under the OIA, requests can be made by:
a. a New Zealand citizen
b. a permanent resident of New Zealand
c. a person who is in New Zealand
d. A body corporate which is incorporated in New Zealand, or
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e. A body corporate which is incorporated outside New Zealand but which has a
place of business in New Zealand.
38. Under the Privacy Act, any individual is entitled to request personal information held by
the Agencies about them.
39. The Agencies are entitled to satisfy themselves as to the requester’s eligibility to make a
request under the OIA or Privacy Act. This may include requesting a copy of photo ID for
a Privacy Act request.
Responding to requests
Timing of the response
40. The Agencies must respond to both OIA and Privacy Act requests “as soon as reasonably
practicable”, in accordance with section 44 of the Privacy Act and section 15 of the OIA.
41. At a maximum, requests must be decided upon and a response sent to the requester
within 20 working days, except in cases where the deadline is extended (as explained
below). “Working day” is defined in the same way in sections 2 of the OIA and section 7
of the Privacy Act.
Scope and due particularity
42. The scope of a request should be determined early, as this enables consultation with the
requester if required to clarify or amend the request.
43. Section 12(2) of the OIA requires requesters to specify the information they are
requesting “with due particularity”. This means that the Agencies must be able to
understand what information the requester is seeking. While the Privacy Act does not
have the same requirement, Privacy Act requests wil also need to have some detail in
order for the Agencies to respond properly. Where the request is unclear, the Agencies
have a duty under section 13 of the OIA and section 42 of the Privacy Act to provide
reasonable assistance to the requester to reformulate their request so that it can be
answered.
Extensions
44. If justified, the agency can extend the time for responding to a request, or transferring a
request to another entity, beyond the 20 day limit. Extensions are permitted under
section 15A of the OIA and section 48 of the Privacy Act.
Transfer of requests
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45. Section 14 of the OIA and section 43 of the Privacy Act al ow for the transfer of requests
to other Agencies. Requests must be transferred if the agency that receives the request:
a. Does not hold the information to which the request relates, but believes that the
information is held by another agency; or
b. Believes that the information to which the request relates is more closely
connected with the functions or activities of another agency.
46. Any decisions to transfer should be made promptly and the transfer must take place
within 10 working days of receiving the original request unless the timeframe for
transferring has been extended.
Charges
47. Section 15(1A) of the OIA al ows an agency to charge requesters for responses to OIA
requests. Such charges must be reasonable and the requester must be advised of the
proposed amount to be charged if charges are to be set, whether the information wil be
released and the requester’s right to seek a review by an Ombudsman.
48. The Ministry of Justice has issued guidelines representing what the Government regards
as reasonable charges for the purposes of the OIA and these guidelines must be
fol owed in al cases unless good reasons exists for not doing so.
49. Sections 66 and 67 of the Privacy Act al ow a public sector agency to charge for making
information available, subject to authorisation by the Privacy Commissioner.
50. Decisions on charging should be made by the Deputy Director-General, Strategy,
Governance & Performance.
Preparing a response
51. In preparing a response to a request the Drafter must:
a. Identify al information that fal s within the scope of the request;
b. Determine, in consultation with the relevant business units, whether any of the
information that fal s within the scope of the request needs to be withheld;
c. Prepare a cover sheet that clearly documents the decision-making on the
request, including reasons for any decision to withhold or release information;
and
d. Prepare a response to the requester for the authoriser to sign, fol owing
consultation with relevant business units and sign-off roles within the agency.
Information gathering
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52. The Drafter must make every reasonable effort to identify al information that is within
scope of the request before responding.
Withholding information
53. Once al information within the scope of a request has been identified, a decision can be
made about what information can be released to the requester. Information must be
released to the requester unless there are grounds on which to refuse access to or
release of information under the OIA or Privacy Act.
54. Decisions to withhold information must be specific, defensible, and recorded. They may
be subject to review by the Ombudsman or Privacy Commissioner if a complaint is laid
by the requester.
55. The fact that information is classified or is operational in nature is not a sufficient reason
in itself for withholding information under the grounds of national security or
international relations. Decisions must be made on a case-by-case basis.
56. In some instances, confirming information is held or not held would in itself prejudice
interests protected by sections 6, 7 or 9 of the OIA or section 49(1)(a)(i) or (d), 51, 52 or
53(c) of the Privacy Act. In these cases, the Agencies can decide to neither confirm nor
deny the existence or non-existence of information under section 10 of the OIA and
section 47 of the Privacy Act. Guidance on factors considered when applying these
sections is found in
Guidance on NZSIS and GCSB responses to OIA and Privacy Act
requests: use of “neither confirm nor deny” (NCND).
Cover sheet
57. All responses going for sign-off must be accompanied by a cover sheet that shows
consideration has been given to the fol owing questions:
a. what is the scope of the request?
b. what repositories were searched for the required information or who was
consulted?
c. what information was found?
d. can the information be released, or should it be withheld?
e. what are the reasons for withholding and under which section is information to
be withheld?
58. The cover sheets should also provide information about who has been consulted on the
response and any other information relevant to the decision-making on the request.
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59. The cover sheet should be specific and link to any relevant information. It wil likely be
the primary source of information if a complaint is laid about a request.
Publication of Official Information Act responses
60. Publication of Official Information Act responses ensures information is readily available
to the public, and is aligned with the Agencies’ commitment to transparency and
accountability.
61. In line with the Public Service Commission’s guidance, both Agencies should publish OIA
responses to their website in a timely manner, in line with principles outlined in any
relevant SOP.
Requests to correct personal information
62. Information Privacy Principle 7 of the Privacy Act entitles individuals to request the
correction of information that Agencies hold on them. It also requires Agencies to take
any steps that are reasonable to ensure that, having regard to the purposes for which the
information may lawful y be used, the information is accurate, up to date, complete and
not misleading.
63. If a requester asks to correct personal information that we are known to have (i.e. vetting
information, job application information), the Agencies’ must make their best efforts to
correct it.
64. If the agency has previously responded to a request for personal information with a
“neither confirm nor deny” response under section 47 of the Privacy Act, the agency wil
not be reasonably able to confirm the correction of the information pertaining to that
individual. In the interests of the protection of the security and defence of New Zealand
under section 51(a) of the Privacy Act 2020, the response to the individual who has
requested the correction wil necessarily be a “neither confirm nor deny” approach.
65. Internal y, information should be updated if the information provided by the requester is
judged to be accurate. If the information provided by the requester is not judged to be
accurate, a record should be kept of the request for correction, and clearly linked to in
the information that was requested to be updated.
Previous Policy Revoked
66. This policy revokes and replaces:
• DMS20-7-3832- NZSIS Information Requests Policy – dated 17/11/2020
• PP 1007 - GCSB Information Requests Policy – dated 14/7/2017
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Summary of Minor Amendments
Date
Summary of changes
Approval
Signature
Authority
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Appendix 1: Consultation and sign-off process for information requests
s6(a)
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