Disclosure under the OIA.pdf

Disclosure under the Official
Information Act 1982 (OIA)

Version : 1.0
Detailed table of contents
This chapter contains these topics:
Executive summary
Overview
•  Purpose of this part
•  Official information defined
•  Purpose of the Official Information Act
•  When the Official Information Act applies
•  Related information
Requests for official information
•  Who can make a request
-  Information may be released to a non-entitled requester
•  Identifying the requester
•  The form of the request
-  Requests must be clear as to the information required
-  Police must assist a requester to make their request correctly
How to action an OIA request
•  Procedure
•  Business owners’ responsibilities for OIA requests
•  Template letters
Transferring OIA requests
•  When must OIA requests be transferred to other agencies?
-  OIA template letters
Time limits and extensions
•  Time limits for responding to requests
•  Extension of time limit
•  When can you extend the time to respond to a request?
•  How to notify an extension
•  Urgent requests
When to withhold information in response to OIA requests
•  Introduction
•  Grounds for withholding information or refusing requests
-  Main OIA withholding provisions relevant for Police
-  Other grounds for refusal
•  Privacy versus public interest (section 9)
-  Considering the privacy interest
-  Considering the public interest
•  Third party requests for personal information
•  Diversion-related requests
•  Classified information
•  Requests relating to current investigations and court proceedings
-  From the commencement of proceedings until the end of trial
-  After the trial
Conveying decisions and providing official information
•  Sending Police’s response to the OIA request
•  What to tell the requester when information is withheld
•  Redacting information that is withheld
•  How can official information be made available
•  Information requested in a particular way
•  Use a secure method of disclosure
•  Statutory protection when releasing information in good faith
Requests from media
•  Introduction
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Charging for providing official information
•  Right to charge for official information
•  Decisions on charging
•  Calculating charges
•  What you cannot charge for
-  Privacy Act requests
•  Deposit
•  Informing the requester of charges
•  Waiving the fee
•  Accounting procedures

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Executive summary
Key points to note:
•  Requests made to Police for information that is not about the requester must be
considered under the Official Information Act.

•  Requests for official information must be logged and managed through the
Information Request Database - see the Police Intranet homepage > ‘Essential Links’)

•  You must give reasonable assistance to the requester, e.g. to enable them to clarify
or redirect the request.

•  Decisions on requests for personal information must be made and communicated
within 20 working days (unless an extension is notified)

•  Transfers of requests must be done within 10 working days and extensions notified
before time limit of 20 working days expires.

•  Official information must be provided unless there is good reason for withholding it —
the grounds for withholding information or refusing requests are listed in sections 6, 9
and 18 of the Official Information Act.

•  You must follow the procedures in Electronic redaction and disclosure for electronically
blanking out information to be withheld to ensure the information cannot be restored
or the document modified by the recipient.

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Overview
This section contains these topics:
•  Purpose of this part
•  Official information defined
•  Purpose of the Official Information Act
•  When the Official Information Act applies
•  Related information

Purpose of this part
This part of the ‘Privacy and official information’ chapter details Police procedures and
requirements under the Official Information Act 1982 (OIA) for responding to requests
for information:
•  that is not personal in nature (e.g. Police policies or procedures from the Police
Manual)
•  that is personal about third parties (e.g. a request from the media or from one
family member for information about another).

These requests are governed by the Official Information Act 1982.

See ‘Disclosure under the Privacy Act 1993’ for the legislation and procedures relating to
requests for personal information or about proactively disclosing personal information
under the Privacy Act 1993.

Official information defined
“Official information” means any information (including personal information) held by a
Department, a Minister of the Crown in their official capacity, or an organisation (which
includes New Zealand Police). It includes any information held outside New Zealand by
any branch or post of a Department or organisation.

It excludes certain categories of information, such as evidence in a commission of
inquiry, information contained in a victim impact statement, or information relating to an
investigation by the Ombudsman or the Privacy Commissioner.
(s2(1))

Purpose of the Official Information Act
The purpose of the Official Information Act 1982 is to:
•  make official information more freely available, and
•  protect official information to the extent consistent with the public interest and the
preservation of personal privacy.

The Act states as a principle that official information must be provided unless there
is good reason for withholding it.
(s5)

When the Official Information Act applies
The Act only applies when responding to a request for official information. Requests
made to Police for information that is not about the requester must be considered under
the Official Information Act.

See ‘Introduction to disclosure of information’ for more guidance on determining when
the Official Information Act applies.

Related information
See also:
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•  these related parts of the ‘Privacy and Official Information’ chapter:
-  Information Privacy Principles
-  Introduction to disclosure of information
-  Disclosure under the Privacy Act 1993
-  Applying the Criminal Records (Clean Slate) Act 2004
-  Community disclosure of offender information
-  Privacy breach management
•  ‘Criminal disclosure’ for the law and procedures relating to the disclosure of
information to the defence before trials
•  the Official information legislation guides on the Office of the Ombudsman’s website.
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Requests for official information
This section contains these topics:
•  Who can make a request
-  Information may be released to a non-entitled requester
•  Identifying the requester
•  The form of the request
-  Requests must be clear as to the information required
-  Police must assist a requester to make their request correctly

Who can make a request
A request under the Official Information Act (OIA) can be made by:
•  a New Zealand citizen
•  a person who is a permanent resident or is in New Zealand
•  a body corporate incorporated in New Zealand or having a place of business in New
Zealand.
(s12)

Information may be released to a non-entitled requester
Where a requester is not entitled under the OIA to make a request, Police may still
release information, especially where it is non-personal, non-sensitive official
information, it will not impact too heavily on Police resources to do so, and there is a
public interest in disclosure (e.g. an Australian researcher asks for NZ Police’s policy on
the Adult Diversion scheme).

Identifying the requester
It is not necessary to verify the identity of an OIA requester (unless they are a NZ body
corporate requesting personal information about the requester (s25)) and they do not
have to provide personal details. However, if you have concerns about the nature of the
information sought and whether they meet the section 12 requirements of a person
entitled to make a request (i.e. NZ citizen/permanent resident/in NZ), you may ask for a
reasonable level of evidence, e.g. a NZ address or phone number, but you cannot
demand proof of identity.

The purpose of checking eligibility is to ensure the Official Information Act applies to
your response, including the ‘good faith’ protection from court proceedings provided by
section 48.

If the OIA request is for personal information about a third party:
•  the requester must provide sufficient information, such as evidence of their
relationship, to assist you in assessing whether the public interest in releasing the
information to them outweighs any privacy interest (e.g. a request from a parent or
guardian for information about offending by their young child), or
•  you must be satisfied that the request is properly authorised by the individual whose
information is being requested.

The form of the request
Requests can be made in writing or orally. You cannot require that the request be
written, but you can ask the requester to put their request in writing. Offer the relevant
Police Form which can be printed and handed to the requester, or you can direct the
requester to the Police website portal to download/complete/print or to make a request
for official information online.

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Otherwise, make a written record of an oral request for official information, including the
exact wording of the request and the requester’s details needed to complete and deliver
Police’s response.

Requests must be clear as to the information required
Information requested must be specified with “due particularity”. That does not mean
the request cannot be broad or for a large amount of information, but if what is being
requested is vague or unclear, go back to the requester immediately and ask for it to be
clarified.
(s12)

Police must assist a requester to make their request correctly
You must assist a requester so that their request is made in the correct manner or to the
appropriate agency.
(s13)

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How to action an OIA request
This section contains these topics:
•  Procedure
•  Business owners’ responsibilities for OIA requests
•  Template letters

Procedure
Follow this procedure to action a request for information under the Official Information
Act. This can be done through the O/C of the District File Management Centre or at
PNHQ through Executive and Ministerial Services.
Step Action
1.
Make a file for the request (optional). If the request has been made orally,
job sheet it or otherwise record it in writing.
2.
Log the request on the Information Request Database (IRD) - see the
Police Intranet homepage > ‘Essential Links’) and allocate it to the
appropriate business owner. This is the workgroup that holds or is likely to
hold the information requested.

When the request covers information across a number of workgroups,
allocate it to the group responsible for the biggest part of the request and
they must then work in consultation with other groups to consider and
provide a single response to the request.
3.
If a request is allocated to your workgroup but you do not hold the
information requested, immediately select the appropriate options in the
IRD to reassign or return the request to Ministerial Services or the O/C FMC
for re-referral.
4.
OPTIONAL: If considered appropriate, enter the request in NIA and code the
file 2D (e.g. if the requester has a NIA identity).
5.
Consider the following preliminary matters:
If the information requested...
Then...
Is not specific enough to enable the  Request clarification from the
information to be identified
requester immediately).
Is not held by Police or ‘belongs’ to
Transfer it within 10 working days
another agency
(see Transferring OIA requests).
Is identified as appropriate to
Consider whether charging for
release but is extensive
provision of the information is
appropriate.
Is so extensive it requires an
Notify an extension (see Time limits
extension of time for a response
and extensions)
(and the requester is not willing to
narrow the scope of the request).
Is classified
Urgently consult the Manager
Organisational Security at PNHQ.
(Classified information must be
declassified before it can be
released.)
Is held on NIA
Forward the request to the O/C case
(for specific records) or to the O/C
FMC for coordination of response
(including records from multiple
districts).
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Is from a Police file currently held
Forward it to the O/C case of that file
by a Crown Solicitor, or relates to a  for action. (If the O/C case cannot be
current or past investigation
found, has left Police or is unable to
deal with the request, forward it to
their supervisor or Area
Commander).
6.
Draft the response and consider whether the request should be refused or
whether any information should be withheld. (See When to withhold
information in response to OIA requests). Use template letters as a guide,
depending on whether none, some or all information is withheld.

Prepare any material for release in accordance with the procedures in
Making official information available.
7.
Consult with Legal Services if necessary, and Public Affairs, the Minister’s
office or other business units as appropriate, on the proposed draft and
make any changes that are required.
8.
Make and communicate your decision on the request within 20 working
days (unless extended).

Business owners’ responsibilities for OIA requests
Using the Information Request Database (IRD) Business owners of OIA requests are
responsible for:
•  Determining the scope of information requested and seeking clarification if necessary
•  Deciding what information will be released to the requester
•  Allocating resources to ensure the request is responded to on time and accurately
•  Ensuring transfers of requests are done within 10 working days
•  Ensuring extensions are notified before time limit of 20 working days expires
•  Drafting the response to the request and peer review
•  Seeking legal advice about the response if necessary
•  Moving the draft response and proposed release of information through the
Information Request Database (IRD) audit trail within the allocated time frame
•  Making any amendments to the draft and/or proposed release or refusal
•  Providing the response to the requester by their preferred means
•  Retaining a copy of the information considered for release
•  Retaining a copy of the information and response sent to the requester on the IRD
•  Completing the IRD entry

Template letters
Use the template letters available in Police Forms> Information Requests> Official
Information Act> OIA template letters as a guide when responding to requests for
information under the Official Information Act 1982, including when:
•  transferring the request to another agency
•  notifying an extension of the time for responding to the request
•  responding to the request depending on whether all, some or none of the information
is provided.

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Transferring OIA requests
When must OIA requests be transferred to other agencies?
When the information requested is
•  not held by Police but is believed by the person dealing with the request to be held by
another agency, or
•  more closely connected with the functions of another agency…
Police must, not later than 10 working days after the day on which the request is
received, transfer the request to the other agency, and inform the requester of the
transfer.
(s14)

Irrespective of how the request was made, advise the requester in writing (post or
email).

OIA template letters
Use the template letters available in Police Forms> Information Requests> Official
Information Act> OIA template letters when transferring the request and advising the
requester of the transfer.

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Time limits and extensions
This section contains these topics:
•  Time limits for responding to requests
•  Extension of time limit
•  When can you extend the time to respond to a request?
•  How to notify an extension
•  Urgent requests

Time limits for responding to requests
An OIA request must be processed and a decision made on whether and how to grant it,
and the requester notified accordingly, as soon as reasonably practicable, but not later
than 20 working days from the day after the request is received.
(s15(1))

Note that failing to respond to a request within the time limit or undue delay in making
the information available is deemed to be a refusal.
(s28(4)&(5))

Extension of time limit
If you cannot communicate the decision within the 20 working-day limit, consider
whether you can notify an extension.

When can you extend the time to respond to a request?
If the decision on whether to disclose official information cannot be made within the time
limit (20 working days), that limit can be extended where:
•  the request is for a large volume of material or requires searching through a large
quantity of information, and meeting the time limit would unreasonably interfere with
Police operations, or
•  consultations on the decision are required and, as a result, a proper response cannot
reasonably be made within the original time limit.

The extension period must be reasonable in the circumstances and be notified before the
20 working-day limit expires.
(s15A)

How to notify an extension
Notify the requester of:
•  the period of the extension (a good rule of thumb is 20 working days, but longer if
necessary)
•  the reasons for it
•  their right to complain to the Office of the Ombudsmen (s28(3))
•  any other relevant information.
(s15A(4)).

Use the template letter available in Police Forms> Information Requests> Official
Information Act> OIA template letters when advising the extension.

Urgent requests
If the requester wants their official information request dealt with urgently, they must
give reasons for the urgency.
(s12(3))

You must consider the request for urgency and, if reasonably practicable, do your best to
respond with urgency.
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When to withhold information in response to OIA
requests
This section contains these topics:
•  Introduction
•  Grounds for withholding information or refusing requests
-  Main OIA withholding provisions relevant for Police
-  Other grounds for refusal
•  Privacy versus public interest (section 9)
-  Considering the privacy interest
-  Considering the public interest
•  Third party requests for personal information
•  Diversion-related requests
•  Classified information
•  Requests relating to current investigations and court proceedings

Introduction
When you have identified what information has been requested, you must consider
whether there are any good reasons why the requester should not access any or all the
information requested.

This section covers:
•  the grounds for withholding official information
•  some common situations in which information should be withheld.

Grounds for withholding information or refusing requests
Requests for official information may be refused entirely or in part. The grounds for
withholding information or refusing requests are listed in sections 6, 9 and 18 of the
Official Information Act, and are similar to the grounds under the Privacy Act 1993. (See
‘Disclosure under the Privacy Act 1993’).

Main OIA withholding provisions relevant for Police
This table outlines the most relevant withholding provisions in the Official Information
Act 1982 for Police.
Section
Withhold requested information if disclosure would be likely
to…
s6(c)
prejudice the maintenance of the law, including the prevention,
investigation, and detection of offences, and the right to a fair trial
s6(d)
endanger the safety of any person
Section
Withhold requested information if it is necessary to…

s9(2)(a)
protect the privacy of natural persons, including that of deceased

natural persons (see Considering the privacy interest below)
s9(2)(ba)(i)
protect information that is subject to an obligation of confidence, if the
release of the information would be likely to prejudice the supply of
similar information, or information from the same source, and it is in
the public interest that such information should continue to be supplied
s9(2)(f)(iv)
maintain constitutional conventions, which protect the confidentiality of
advice tendered by Ministers of the Crown and officials
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s9(2)(g)
maintain the effective conduct of public affairs through:
•  the free and frank expression of opinions by, between or to Ministers
of the Crown, members of an organisation, or officers and employees
of any department or organisation in the course of their duty, or
•  the protection of Ministers of the Crown, members of organisations,
officers and employees from improper pressure or harassment
s9(2)(h)
maintain legal professional privilege. (Never release communications
with Police legal advisers or the Crown without consulting Legal
Services)
Note: If you want to rely on any withholding grounds in section 9, you must consider
whether the public interest in releasing the information outweighs the interest
protected by those grounds.

For more information on the main grounds for withholding information see the
Official information legislation guides on the Office of the Ombudsman’s website.

Other grounds for refusal
This table outlines other grounds for refusal.
Section
A request can be refused if…
s18(c)
making the information available would constitute contempt of court
s18(d)
the information requested is or will soon be publicly available
s18(e)
the document alleged to contain the information requested does not
exist or, despite reasonable efforts to locate it, cannot be found

You must first consider whether consulting the requester would assist
them to make the request in a form that would remove the reason for
the refusal (s18B).
s18(f)
the information requested cannot be made available without substantial
collation or research

You must first consider whether:
•  fixing a charge or extending the response time would enable the
request to be granted (you can treat 2 or more requests as one if
they are about similar topics or were received simultaneously or in
short succession (s18A)
•  consulting the requester would assist them to make the request in a
form that would remove the reason for the refusal (s18B).
s18(g)
the information requested is not held (i.e. meeting the request would
require the creation of information – such as statistics, costs, numbers,
where Police does not hold the data or cannot readily produce it from a
database. (You do not need to create information in order to meet a
request.)

Privacy versus public interest (section 9)
When assessing whether to withhold information under section 9(2)(a) of the Act, you
must consider under section 9(1) whether the public interest in releasing the information
is sufficient to outweigh the privacy interest associated with the information.

Considering the privacy interest
Consider:
•  how intimate, personal or private the information is. For example, the privacy interest
associated with an address is not as high as that associated with the details of a rape
victim’s medical examination
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•  whether or not the requester already knows the information. If the requester is
seeking confirmation of something they already know, the privacy interest tends to be
less
•  whether the person the information is about agrees to their information being
released to the requester
•  whether disclosure is consistent with Information Privacy Principle (IPP) 11 (Limits on
disclosure of personal information) in section 6 of the Privacy Act. If disclosure would
be consistent with this principle, the privacy interest is likely to be less. The most
important features of the principle are found in IPP 11(e)(i), 11(e)(iv) and 11(f).
These are discussed in the ‘Proactive disclosure of personal information by Police’
topic in ‘Disclosure under the Privacy Act 1993’. The privacy interest is also
diminished if the source of the information is a publicly available document such as a
newspaper (IPP 11(b)).

If the privacy interest outweighs the public interest, decline the request under section
9(2)(a) of the Official Information Act 1982.

Considering the public interest
Public interest does not mean “what is of interest to the public”. In British Steel
Corporation v Grenada Television Ltd [1981] 1 All ER 417, 455, Wilberforce LJ stated:
“There is a wide difference between what is interesting to the public and what is in the
public interest to make known.”

Consider whether disclosure will benefit only one individual or the whole community
(though private interests of individuals can sometimes reflect wider public interests). For
example, will it:
•  help parents to keep their children safe
•  help to make the roads safe to drive on
•  ensure that New Zealand’s horticulture industry is protected from disease?

If the public interest outweighs the privacy interest, release the information.

Third party requests for personal information
Take special care when making decisions on requests for personal information about a
third party. Common requesters in this category are parents of adult children, family
members, lawyers, parties in Court proceedings, and reporters (see also Requests from
media).

In general, do not disclose third party information unless:
•  you are authorised or required by a specific statute or Court order to disclose it (see
‘Which Act applies to disclosure of information?’ in the ‘Introduction to disclosure of
information’)
•  the third party has provided consent in writing, or
•  the public interest in meeting the request is sufficient to outweigh the privacy interest
associated with the information.

If none of these apply, decline the request under section 9(2)(a) of the Official
Information Act 1982.

Diversion-related requests
Do not disclose information relating to diversion to third parties, even with the consent
of the person concerned. Disclosing such information would undermine the incentive for
people to participate in diversion programmes. Such requests should, in general, be
refused under sections 6(c) and 9(2)(a) of the Official Information Act. There may be
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limited circumstances where disclosure of diversion information is appropriate – see
Adult diversion scheme policy.

If a person seeks diversion information about themselves, process the request under the
Privacy Act 1993 and provide the information unless there are good reasons not to do
so. (See ‘Disclosure under the Privacy Act 1993’)

Classified information
Classified information cannot be withheld solely on the basis of its security classification
or endorsement mark. Urgently refer classified information subject to an OIA request to
the Manager Organisational Security at PNHQ. If the information is withheld, the reason
given must be one of those specified in the Official Information Act.

Requests relating to current investigations and court proceedings
If a request is made during the investigation phase and before the commencement of
any court proceedings, or does not relate to criminal proceedings, or the requester is the
subject of the investigation, the information sought is not covered by the Criminal
Disclosure Act 2008, so the Official Information Act 1982 applies.

Information sought about current investigations or matters before the court may be able
to be withheld under section 6(c) of the Official Information Act 1982 if it would
prejudice the investigation or the right to a fair trial.

From the commencement of proceedings until the end of trial
Obligations under the Criminal Disclosure Act 2008 (“CDA”) begin with the
commencement of proceedings and continue until they are concluded.

All requests for official information that are covered by sections 12 and 13 of the CDA
and are "relevant" to the matter before the court must be considered under the CDA.
(See the Criminal disclosure chapter.) Any request for official information made by a
defendant in the course of criminal proceedings should be refused under section 18(da)
of the OIA as the request is made for information that could be sought, or has been
disclosed or withheld, under the Criminal Disclosure Act.

Requests from the media or any person other than the defendant may be refused under
section 6(c) of the OIA to avoid prejudice to the right to a fair trial.

After the trial
The refusal ground in section 18(da) does not apply to requests for information relating
to the court proceedings made after the trial has concluded. It only applies while
criminal proceedings are ongoing and the requester is a defendant.

After the trial, the OIA (including any applicable withholding grounds) applies to requests
for information held by Police relating to the court proceedings. Just because personal
information has been released in criminal disclosure does not mean it must be released
to the former defendant after the trial is over – for example, the privacy interests of a
victim or witness are raised once the prosecution purpose has been met, and personal
information about them may be withheld.

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Conveying decisions and providing official information
This section contains these topics:
•  Sending Police’s response to the OIA request
•  What to tell the requester when information is withheld
•  Redacting information that is withheld
•  How can official information be made available
•  Information requested in a particular way
•  Use a secure method of disclosure
•  Statutory protection when releasing information in good faith

Sending Police’s response to the OIA request
After considering the information within the scope of the request, you must respond to
the requester by deciding to provide it, to withhold it, or to provide some of it (see When
to withhold information in response to OIA requests). When responding, follow these
steps.
Step Action
1.
Use the template letters available in Police Forms> Information
Requests> Official Information Act> Forms when responding, depending
on whether the request is granted or some or all of the requested
information is withheld.

These letters cover the requirement to tell the requester that they are entitled
to complain to the Ombudsman about Police’s response.
2.
Provide the information in the way specified by the requester; otherwise, as
photocopies or electronically. Follow the procedures in the ‘Electronic
redaction and disclosure’ part of the Information Management, Privacy and
Assurance chapter) for redacting information being withheld and for the
secure delivery/release of redacted files.

Mark envelopes ‘Private & Confidential’ and test email addresses before
attaching sensitive or personal information.
3.
If information is withheld, inform the requester in writing of:
•  the fact that information is being withheld
•  the grounds on which the decision to withhold has been made
•  their right to complain to the Office of the Ombudsmen if they are not
satisfied with the decision.
4.
Keep electronic copies in the Information Request Database of:
•  the information provided (a replica of what was released)
•  any information that was withheld (the marked-up but unredacted version)
•  all correspondence relating to the request.
5.
Record in writing what you have done to respond to the request. This process
becomes important if a subsequent complaint is made to the Ombudsmen
about Police's response.

What to tell the requester when information is withheld
If any information sought is withheld, inform the requester in writing of:
•  the fact that the information is being withheld
•  the grounds on which the decision to withhold has been made
•  their right to complain to the Office of the Ombudsmen if they are not satisfied with
the decision.

Redacting information that is withheld
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Follow the procedures in ‘Electronic redaction and disclosure’ - part of the Information
Management, Privacy and Assurance chapter) for electronically blanking out (redacting)
information to be withheld. These procedures ensure the redacted information cannot be
restored or the document modified by the recipient.

How can official information be made available
Official information may be made available by:
•  allowing the person to inspect the original document
•  providing the person with a copy of the document
•  allowing the person to listen to an audio recording or watch a video recording
•  providing a written transcript
•  giving a summary of the contents
•  telling the person about its contents.

Information requested in a particular way
If the requester asks for the information to be provided in a particular way, it must be
provided in that way unless doing so would:
•  impair efficient Police administration, or
•  be contrary to a legal duty of the Police in respect of the document, or
•  prejudice the interests protected by the withholding grounds in sections 6, 7, or 9 of
the Official Information Act and, in the case of section 9, there is no countervailing
public interest.

If you are unable to provide the information in the way requested, give the requester the
reason and, if requested, the grounds for that reason, unless doing so would prejudice
the interests referred to above.
(s16)

Use a secure method of disclosure
While the usual method of disclosure is to provide a photocopy by hand or post/courier,
requesters increasingly wish to receive the information by email. Take care to ensure the
email address is correct and, if it includes personal information about other people, do
not provide it by email unless specifically requested, as emails are often available to
other users of a device. Sensitive or personal information should be couriered and
marked ‘confidential’.

Statutory protection when releasing information in good faith
If information is released in good faith in response to an OIA request, you have statutory
protection against civil and criminal proceedings.
(s48).

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Requests from media
Introduction
Every day, Police come under immense media pressure to release information about
crimes, incidents and emergencies and the people involved in them.

See these media related Police Manual chapters for guidance on releasing appropriate
personal information to the media and, at the same time, meeting the requirements of
the Privacy Act or the Official Information Act:
•  Dealing with the media
•  Media filming of Police operations
•  Media interviews
•  News releases
•  Releasing information to the media
•  Releasing information to the media after a sudden death
•  Wanted persons postings

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Charging for providing official information
This section contains these topics:
•  Right to charge for official information
•  Decisions on charging
•  Calculating charges
•  What you cannot charge for
-  Privacy Act requests
•  Deposit
•  Informing the requester of charges
•  Waiving the fee
•  Accounting procedures

Right to charge for official information
Requesters may be charged for information supplied under section 15, but in reality
Police rarely imposes a charge. The charge relates to processing a request for
information, not deciding on the response.

If Police wants to charge for supplying official information, the requester should be
notified first of that intention and the likely amount.  Any charge fixed:
•  must be reasonable
•  may have regard to the cost of the labour and materials involved in making the
information available, and to any costs incurred due to a request to make the
information available urgently.

Decisions on charging
Decisions on charging for information should be made in consultation with Legal
Services, staff in the Ministerial Services Unit at PNHQ or the O/C of the District File
Management Centre.

Calculating charges
The Charging Guidelines for Official Information Act 1982 Requests issued by the
Ministry of Justice:
•  provide a basis for assessing a reasonable charge for Official Information Act requests
•  give an indication of factors which may be relevant when assessing whether it is
reasonable to charge for the supply of information.

This table outlines key charges recommended in the guideline.
Item
Charge rate or policy
Staff time spent
The first hour is free. Additional time spent should be
processing a request
charged at a maximum of $38 for each half hour or part
thereof.

Aggregate staff time can include searching for, abstracting
and collating, copying and transcribing, and retrieving
information, but not time spent locating information that
was mislaid or incorrectly filed.

If the request is for access by inspection, viewing or
listening, the time can include searching for, locating and
retrieving the information and supervising the access.
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Photocopying
Charge at the rate of 20 cents for each page after the first
20 pages.

This applies only to standard A4 sized paper. Non-standard
size should be charged at cost.
GST
Include GST in all charges. Do not impose GST as an extra
charge.
Other charges including:
Fix charges at an amount that recovers the actual costs
•  providing documents
involved.
on CD
•  retrieving information
held off-site
•  reproducing
photographs, films,
videos and audio
recordings
•  arranging to hear
audio or view video
recordings.

What you cannot charge for
Charges cannot be fixed for time spent or expenses (including legal expenses) incurred
deciding on whether or not or to what extent information can be made available.
Charges relate only to the costs incurred in processing the request.

For example, time spent on the decision to withhold information is not chargeable but
time spent on the physical redacting/editing is chargeable.

Privacy Act requests
Take care when considering requests containing a mix of personal and official
information. Charges cannot be made for Privacy Act requests – that is, requests from
individuals for information about themselves, unless this is specifically authorised by
statute.
(s35 Privacy Act)

Deposit
You can require a deposit if the charge is likely to exceed $20 or you need an assurance
that resources are not being wasted. In general, the deposit must be received before
work on the request is begun. Any unused portion of a deposit must be refunded.

Alternatively in some instances it may be necessary to ask the requester to pay the
amount of the charge before the request is processed.

Informing the requester of charges
Inform the requester of:
•  the intention to fix a charge
•  the amount of any deposit, if sought, and the likely total charge
•  the method used to calculate the charge
•  their right to have an Ombudsman review the proposed charge.

See an example of a letter explaining how charges have been calculated. Keep a copy of
the letter and any background information so that you know how the charge was arrived
at.

Waiving the fee
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Police is not obliged to set a charge and you may choose not to do so for reasons such
as:
•  the inconvenience of imposing a charge
•  the small amount by which the margins for aggregate time or photocopying are
exceeded
•  when the charge would cause financial hardship
•  when the charge would impact badly on public relations or when there is a high public
interest in making the information available.

Accounting procedures
If you receive agreement from the requester to pay the estimated costs associated with
their request, complete an Invoice Request form and send that to Shared Services.
Shared Services will generate an invoice to the requester based on the information
provided on the request form.

If you require a deposit from the requester before commencing the work, a second
invoice must be generated for the final payment when the work is complete.

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