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Guide · Police and courts · 3 min read

Requesting public information

A reading guide to making an information request, finding the information officer and understanding the response.

In plain English · by srilaws · not legal advice· Law as at 5 Aug 2016

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The short answer

The Right to Information Act gives citizens access to information held by a public authority, subject to the grounds for refusal in the Act.

Right to Information Act s 3

On this page · 8 parts
  1. The short answer
  2. Making a request
  3. Finding the officer
  4. Reading the response
  5. Keep the request and acknowledgement
  6. Follow the separate time periods
  7. An appeal can concern more than refusal
  8. Read the source

Making a request

A citizen can make a written request to the appropriate information officer describing the information sought. If the citizen cannot make the request in writing, the officer must put an oral request into writing on their behalf. For requests under this section, writing includes electronic means.

Right to Information Act s 24

The request identifies the information and the preferred form and language of access. The citizen does not have to give a reason for requesting it, or personal details beyond those needed for contact.

Right to Information Act s 24

Finding the officer

Public authorities are required to display the contact details of their information officer and designated officer at their premises and on their website, if such a website exists.

Right to Information Act s 26

Reading the response

The Act distinguishes the decision on a request from providing access. It also sets out an extension procedure for specified requests involving many records or records in another location.

Right to Information Act s 25

A refusal must give reasons and identify the appeal route and the time allowed for appeal.

Right to Information Act s 28

Keep the request and acknowledgement

The information officer must take the necessary steps, free of charge, to help a citizen make a compliant request. On receiving a request, the officer must immediately provide a written acknowledgement. Keep the request, acknowledgement and any later clarification together. Describe the records and period you are interested in, and identify the format and language you prefer. If you believe the information is needed to safeguard life or liberty, the request should include that statement and its basis. This preparation does not require you to justify an ordinary request.

Right to Information Act s 24

Follow the separate time periods

The cited text requires a decision as soon as possible and within fourteen working days after receipt of the request. If access is granted, the ordinary access period is fourteen days from that decision. Requests concerning the citizen’s life and personal liberty have a response period of forty-eight hours from receipt. The statutory extension concerns providing access in specified circumstances; it is not an unrestricted postponement of every request. Check which event starts the relevant period before comparing the dates in your correspondence.

Right to Information Act s 25

An appeal can concern more than refusal

The designated-officer appeal provision covers refusal, missed statutory time frames, incomplete or misleading information, excessive fees and certain other listed matters. Its ordinary filing period is fourteen days from the relevant refusal, act or awareness of the ground, with provisions for admitting a late appeal. Keep the response or evidence of the missing response with your original request. Read the linked appeal provision to identify the applicable ground and route; this guide does not calculate the deadline for an individual case.

Right to Information Act s 31

Read the source

Open the linked sections for the full conditions, exceptions and time limits. This guide is an introduction to the cited text, not a decision about any particular request.

Read this as a guide to the cited publications. Check later amendments before relying on them as current law.

Information, not legal advice

Laws in this guide

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