If a request was made, the information thereafter had to be made available, unless there was good and sufficient reason for the declinature of the request. Compare: 1962 No 113 s 3; 1975 No 125 s 3, For the purposes of section 47, open to the public means that the local authority,—, if it is reasonably practicable, enables access to the meeting by broadcasting live the audio or video of the meeting (for example, by broadcasting it on an Internet site); and. The Local Government Official Information and Meetings Act is a similar piece of legislation aimed at local authorities. Section 27(3A): inserted, on 22 October 2003, by section 4 of the Local Government Official Information and Meetings Amendment Act 2003 (2003 No 82). The privilege conferred by subsection (1) is in addition to and not in substitution for or derogation of any other privilege, whether absolute or qualified, that applies, by virtue of any other enactment or rule of law, to the proceedings of any local authority. A reference to the information on which any findings were based need not be given under subsection (1)(b) if—, the disclosure of the information or of information identifying the person who supplied it, being evaluative material, would breach an express or implied promise—, which was made to the person who supplied the information; and, which was to the effect that the information or the identity of the person who supplied it or both would be held in confidence; or, after consultation undertaken (where practicable) by or on behalf of the local authority with a natural person’s medical practitioner, the local authority is satisfied that—, the information relates to that person; and, the disclosure of the information (being information that relates to the physical or mental health of the person making the request under this section) would be likely to prejudice the physical or mental health of that person; or, in the case of a natural person under the age of 16, the disclosure of that information would be contrary to that person’s interests; or. By enabling scrutiny of government activities, the Official Information Act 1982 and the Local Government Official Information and Meetings Act 1987 contribute to public trust and confidence in central and local government. Issue date: Sunday, 12 May 2019 . BERRY Year 10 students awarded for outstanding … Paragraph (d) of subsection (1) applies to—, any proceedings before a local authority where—, a right of appeal lies to any court or tribunal against the final decision of the local authority in those proceedings; or, the local authority is required, by any enactment, to make a recommendation in respect of the matter that is the subject of those proceedings; and. to increase progressively the availability to the public of official information held by local authorities, and to promote the open and public transaction of business at meetings of local authorities, in order—, to enable more effective participation by the public in the actions and decisions of local authorities; and, to promote the accountability of local authority members and officials,—. require that a notation be attached to the information indicating the nature of any correction requested but not made. Subject to sections 6, 8, and 17, this section applies if, and only if, the withholding of the information is necessary to—, protect the privacy of natural persons, including that of deceased natural persons; or, protect information where the making available of the information—, would be likely unreasonably to prejudice the commercial position of the person who supplied or who is the subject of the information; or, in the case only of an application for a resource consent, or water conservation order, or a requirement for a designation or heritage order, under the Resource Management Act 1991, to avoid serious offence to tikanga Maori, or to avoid the disclosure of the location of waahi tapu; or, protect information which is subject to an obligation of confidence or which any person has been or could be compelled to provide under the authority of any enactment, where the making available 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; or, would be likely otherwise to damage the public interest; or, avoid prejudice to measures protecting the health or safety of members of the public; or, avoid prejudice to measures that prevent or mitigate material loss to members of the public; or, maintain the effective conduct of public affairs through—, the free and frank expression of opinions by or between or to members or officers or employees of any local authority, or any persons to whom section 2(5) applies, in the course of their duty; or, the protection of such members, officers, employees, and persons from improper pressure or harassment; or, maintain legal professional privilege; or, enable any local authority holding the information to carry out, without prejudice or disadvantage, commercial activities; or, enable any local authority holding the information to carry on, without prejudice or disadvantage, negotiations (including commercial and industrial negotiations); or. The Local Government Official Information and Meetings Act 1987 (sometimes known by its acronym LGOIMA) is a statute of the New Zealand Parliament which creates a public right of access to information held by local authorities and council-controlled organisations and sets standards of openness for local authority meetings. Where a request under this Act relates to information to which section 6 or section 7(2)(b) applies, or would, if it existed, apply, the local authority dealing with the request may, if it is satisfied that the interest protected by section 6 or section 7(2)(b) would be likely to be prejudiced by the disclosure of the existence or non-existence of such information, give notice in writing to the applicant that it neither confirms nor denies the existence or non-existence of that information. The new Local Government Act 2020 is the most ambitious reform to the local government sector in over 30 years. Types of information requests If the information you are interested in is not available on this website or from our staff, then there are two types of information requests that we can help you with: Compare: 1982 No 156 s 14; 1987 No 8 s 7(1). For the purposes of refusing a request under section 17(f), the local authority may treat as a single request 2 or more requests from the same person—, that are about the same subject matter or about similar subject matters; and. Local Government Act [RSBC 2015] CHAPTER 1. Schedule 1 Part 1: amended, on 8 August 2014, by section 78 of the Local Government Act 2002 Amendment Act 2014 (2014 No 55). Section 4(a): amended, on 26 March 2015, by section 5 of the Local Government Official Information and Meetings Amendment Act 2015 (2015 No 23). Any member of the public may make a copy of the whole or any part of the summary. amounts of any unpaid targeted rates under that Act: information concerning any consent, certificate, notice, order, or requisition affecting the land or any building on the land previously issued by the territorial authority (whether under the Building Act 1991, the Building Act 2004, or any other Act): the information required to be provided to a territorial authority under section 362T(2) of the Building Act 2004: information concerning any certificate issued by a building certifier pursuant to the Building Act 1991 or the Building Act 2004: information notified to the territorial authority under section 124 of the Weathertight Homes Resolution Services Act 2006: information relating to the use to which that land may be put and conditions attached to that use: information which, in terms of any other Act, has been notified to the territorial authority by any statutory organisation having the power to classify land or buildings for any purpose: any information which has been notified to the territorial authority by any network utility operator pursuant to the Building Act 1991 or the Building Act 2004. Nothing in subsection (3) applies in respect of any information that any officer or employee or member of a local authority would not hold but for that person’s membership of, or connection with, a body other than a local authority, except where that membership or connection is in that person’s capacity as such an officer or employee or member of that local authority or as a statutory officer. Section 46(8)(e): added, on 1 January 2000, by section 196(1) of the Animal Welfare Act 1999 (1999 No 142). There are changes that may be brought into force at a future date. Section 45(1A): replaced, on 1 July 2020, by section 109 of the Resource Management Amendment Act 2020 (2020 No 30). Section 48(4) of the Local Government Official Information and Meetings Act 1987 provides as follows: shall form part of the minutes of the local authority.”. Where any requirement to which subsection (1) applies is made to any local authority, the chief executive of that local authority or an officer or employee of that local authority authorised by that chief executive may extend the time limit set out in subsection (1) in respect of that requirement if—, the requirement relates to, or necessitates a search through, a large quantity of information or a large number of documents or papers or things, and meeting the original time limit would unreasonably interfere with the operations of the local authority; or, consultations necessary before the requirement can be complied with are such that the requirement cannot reasonably be complied with within the original time limit; or. Where a request made in accordance with section 10 is refused, the local authority shall—, subject to section 8, give to the applicant—, if the applicant so requests, the grounds in support of that reason, unless the giving of those grounds would itself prejudice the interests protected by section 6 or section 7 and (in the case of the interests protected by section 7) there is no countervailing public interest; and. If the person requesting the information declines or is unable to put the oral request in writing, the local authority must record its understanding of the request, and provide a copy of the record to the person. In addition to the information provided for under subsection (2), a territorial authority may provide in the memorandum such other information concerning the land as the authority considers, at its discretion, to be relevant. Section 27(4): replaced, on 26 March 2015, by section 11(1) of the Local Government Official Information and Meetings Amendment Act 2015 (2015 No 23). Every person who is given access under section 23(1) to personal information may, by letter addressed to the local authority,—, request correction of the personal information where the person believes that the information—, is incomplete and gives a misleading impression; and. This Act is administered by the Department of Internal Affairs. However, very early in the piece it became apparent that we needed also to examine the official information provisions of the LGOIMA. No meeting of any local authority shall be invalid merely because that meeting was not publicly notified in accordance with this section. Section 44A(2)(e): amended, on 31 March 2005, by section 414 of the Building Act 2004 (2004 No 72). This guide sets out what information you can ask for, how to go about it and what the agency is required to do in responding to your information request. Except as otherwise provided by this Act, the provisions of the Ombudsmen Act 1975 shall apply in respect of investigations and other proceedings carried out under this Part in respect of decisions under Part 2 or section 8 as if they were investigations carried out under the Ombudsmen Act 1975. Format: PDF. Section 46(8)(d): added, on 1 January 2000, by section 196(1) of the Animal Welfare Act 1999 (1999 No 142). and thereby to enhance respect for the law and to promote good local government in New Zealand: to provide for proper access by each person to official information relating to that person: to protect official information and the deliberations of local authorities to the extent consistent with the public interest and the preservation of personal privacy. Section 46(8)(b): repealed, on 1 April 2000, by section 7 of the Children’s Health Camps Board Dissolution Act 1999 (1999 No 141). Except as expressly provided in this Act, nothing in this Act shall derogate from or limit the functions of the Ombudsmen under the Ombudsmen Act 1975. shall form part of the minutes of the local authority. Return to search results Clear search. Where a request in accordance with section 10 is made or transferred to a local authority, the decision on that request shall be made by the chief executive of that local authority or an officer or employee of that local authority authorised by that chief executive unless that request is transferred in accordance with section 12 to another local authority or to a department, Minister of the Crown, or organisation. Issue date: Friday, 10 May 2019. c. 37) was an Act of the Parliament of the United Kingdom of Great Britain and Ireland that established a system of local government in Ireland similar to that already created for England, Wales and Scotland by legislation in 1888 and 1889.The Act effectively ended landlord control of local government in Ireland. give or post to the person who made the request notice of the decision on the request. Changes authorised by subpart 2 of Part 2 of the Legislation Act 2012 have been made in this official reprint. This module provides guidance with respect to information requests. Notwithstanding subsection (1), a request made, on or after the date of commencement of this subsection, by or on behalf of a natural person for access to any personal information which is about that person shall be deemed to be a request made pursuant to subclause (1)(b) of principle 6 of the Privacy Act 1993, and shall be dealt with accordingly, and nothing in this Part or in Part 5 shall apply in relation to any such request. Section 51AA: inserted, on 26 March 2020, by section 12 of the COVID-19 Response (Urgent Management Measures) Legislation Act 2020 (2020 No 9). Schedule 2 Part 1: amended, on 1 April 2000, by section 7 of the Children’s Health Camps Board Dissolution Act 1999 (1999 No 141). We may withhold or refuse to give information for reasons specified in sections 6, 7 and 17 of the Local Government Official Information and Meetings Act 1987. Compare: 1982 No 156 s 15; 1987 No 8 s 8(1). the reasons for the decision or recommendation. The provisions of section 29, so far as they are applicable and with the necessary modifications, shall apply in respect of any requirement, made by any Ombudsman in the course of any investigation conducted pursuant to subsection (1), whereby that Ombudsman, pursuant to any power conferred on that Ombudsman by section 19 of the Ombudsmen Act 1975, requires any local authority to furnish or produce to that Ombudsman any information or document or paper or thing that relates to that investigation. Nothing in subsection (5) prevents the chief executive of a local authority or any officer or employee of a local authority from consulting a local authority or any other person in relation to the decision that the chief executive or officer or employee proposes to make on any request made to the local authority in accordance with section 10 or transferred to the local authority in accordance with section 12 of this Act or section 14 of the Official Information Act 1982. The Public's Right to Know: Review of the Official Information Legislation, Local Government Official Information and Meetings Act 1987, https://en.wikipedia.org/w/index.php?title=Local_Government_Official_Information_and_Meetings_Act_1987&oldid=990789643, History of local government in New Zealand, Pages using collapsible list with both background and text-align in titlestyle, Pages using a deprecated parameter in the legislation infobox, Creative Commons Attribution-ShareAlike License, This page was last edited on 26 November 2020, at 14:46. Where the information requested by any person is comprised in a document, that information may be made available in 1 or more of the following ways: by giving the person a reasonable opportunity to inspect the document; or, by providing the person with a copy of the document; or, in the case of a document that is an article or thing from which sounds or visual images are capable of being reproduced, by making arrangements for the person to hear or view those sounds or visual images; or, in the case of a document by which words are recorded in a manner in which they are capable of being reproduced in the form of sound or in which words are contained in the form of shorthand writing or in codified form, by providing the person with a written transcript of the words recorded or contained in the document; or, by giving an excerpt or summary of the contents; or. Stay up-to-date on information and advice in the ACT. a notice specifying the places at which the associated reports may be inspected under subsection (1). Section 6. Local Government Act 1989 No. The local authority must provide the live broadcast, and make the recording or summary available, free of charge. Officially local government in the Philippines, often called local government units or LGUs, ... *a Sangguniang Kabataan official who has surpassed 21 years of age while in office is allowed to serve for the rest of the term. Section 7(2)(ba): inserted, on 1 October 1991, by section 362 of the Resource Management Act 1991 (1991 No 69). The notice effecting the extension shall—, state that the person who made the request for the official information has the right, under section 27(3), to make a complaint to an Ombudsman about the extension; and. The guide covers: key principles and purposes of the LGOIMA. Where a recommendation is made under section 30(1) to a local authority, a public duty to observe that recommendation shall be imposed on that local authority on the commencement of the 21st working day after the day on which that recommendation is made to the local authority unless, before that day, the local authority, by resolution made at a meeting of that local authority, decides otherwise and records that decision in writing. Administering bodies of reserves as defined in section 2(1) of the Reserves Act 1977 (other than a Minister of the Crown or a department), Airport authorities (other than airport companies (as defined in section 2 of the Airport Authorities Act 1966)), Community boards, boards of inquiry, freshwater hearings panels, public bodies, special tribunals, or any person given authority to conduct hearings under section 33, 34, 34A, 117, 149J, or 202 or clause 58 of Schedule 1 of the Resource Management Act 1991, Local boards within the meaning of the Local Government Act 2002, Public reserves special boards, trusts, or trust boards, Territorial authorities within the meaning of the Local Government Act 2002. Changes to Legislation. Skip to main content. The right conferred by subsection (1) may be exercised only by a person who is not a natural person. The Local Government Service is a public Service institution established by the Local Government Service Act, 2003 (Act 656) which has been repealed and replaced with the Local Governance Act, 2016 (Act 936). BARR ACT meets nation-leading 40% emissions reduction. Latest Media Releases. Section 48(2)(b): repealed, on 1 October 1991, by section 362 of the Resource Management Act 1991 (1991 No 69). Any person may request any local authority to make available to that person any specified official information. The chief executive may exclude from the reports made available under subsection (1), reports or items from reports that he or she reasonably expects the meeting to discuss with the public excluded. Section 46(7): replaced, on 1 August 2020, by section 668 of the Education and Training Act 2020 (2020 No 38). Section 13(6): amended, on 1 July 2003, by section 262 of the Local Government Act 2002 (2002 No 84). Any charge for the supply of official information under this Act shall not exceed the prescribed amount. Schedule 2 Part 2: amended, on 1 August 2020, by section 668 of the Education and Training Act 2020 (2020 No 38). Section 16. The operating environment of these Acts is, however, very different from 30 years ago, in terms of parliamentary and government processes, technology, the internet, and public expectations. Section 45A: inserted, on 4 September 2013, by section 5 of the Local Government Official Information and Meetings Amendment Act 2013 (2013 No 65). The public duty imposed by subsection (1) shall be imposed not only on the local authority itself but also on—, every member, officer, and employee of that local authority to whom that recommendation is applicable; and, every body within that local authority to whom that recommendation is applicable; and, every statutory officer to whom that recommendation is applicable; and. A Federal Emergency Management Agency (FEMA) official addressing the Watonga City Council to discuss aid for flood victims, Watonga, Oklahoma, 2007. The LGOIMA also has provisions governing the conduct of meetings. SECTION 2. Section 39(1): amended, on 1 July 2003, by section 262 of the Local Government Act 2002 (2002 No 84). The request regime mirrors that of the Official Information Act 1982 (OIA), with similar (though more limited) withholding grounds. It contains rules for how such requests should be handled, and provides a right to complain to the Ombudsman in certain situations. The Virginia Freedom of Information Advisory Council (the Council) or the local government attorney shall provide in-person or online training sessions for local elected officials and the executive directors and members of industrial development authorities and economic development authorities, as created by the Industrial Development and Revenue Bond Act (§ 15.2-4900 et seq. PDF 1021.79 KB The LGOIMA for local government agencies. Section 10(1AA): inserted, on 26 March 2015, by section 6(1) of the Local Government Official Information and Meetings Amendment Act 2015 (2015 No 23). - This Act shall be known and cited as the "Local Government Code of 1991". Where any person requests a copy of the minutes of any meeting or part of a meeting from which the public was excluded pursuant to this Part, the request shall,—, where the local authority concerned is named or specified in Schedule 1, be deemed to be a request for access to official information made under this Act; and, where the local authority concerned is named or specified in Schedule 2, be deemed to be a request for access to official information made under the Official Information Act 1982,—. Whether you live in a rural area, a small town, or a big city, locally elected officials represent citizens and taxpayers; they make decisions together to meet your community’s needs now and in the future. If a request is likely to be refused under section 17(e) or (f), the local authority must, before that request is refused, consider whether consulting with the person who made the request would assist that person to make the request in a form that would remove the reason for the refusal. make an order declaring that the decision was beyond the powers conferred by sections 32 and 33 or was otherwise wrong in law. Tell us whether you accept cookies. It shall be a function of the Ombudsmen to investigate and review any decision by which the chief executive of a local authority, or an officer or employee of a local authority authorised by its chief executive, extends any time limit under section 14. Available formats and related files. Where any officer or employee purports to act pursuant to a delegation made under this section, that officer or employee shall be presumed to be acting in accordance with the terms of the delegation in the absence of proof to the contrary. These local governments plan and shape their communities, and exercise the vision through the adoption of bylaws. Where the information is not provided in the way preferred by the person requesting it, the local authority shall, subject to section 8, give to that person—, the reason for not providing the information in that way; and. Section 29A: inserted, on 1 July 1993, by section 7 of the Local Government Official Information and Meetings Amendment Act 1993 (1993 No 37). SECTION 1. the grounds on which that resolution is based (being 1 or more of the grounds set out in subsection (1)). Section 44A(2)(cb): inserted, on 7 August 2020, by section 300 of the Urban Development Act 2020 (2020 No 42). Schedule 1 Part 2: amended, on 8 October 1998, by section 20(2) of the Selwyn Plantation Board Empowering Act 1992 (1992 No 4 (L)). Subject to this Part, and to sections 8 and 44, every person has a right to and shall, on request, be given access to any personal information which—. The Department has been assigned the responsibility to implement the Khyber Pakhtunkhwa Local Government Act 2013 to achieve the stated objectives of the local government reforms introduced by … Section 12(b): amended, on 26 March 2015, by section 7(a) of the Local Government Official Information and Meetings Amendment Act 2015 (2015 No 23). Section 12. The enactments specified in Schedule 3 are hereby amended in the manner indicated in that schedule. Where a meeting of any local authority is open to the public during the proceedings or any part thereof, and—, there is supplied to a member of the public a copy of the agenda for the meeting with or without further statements or particulars for the purpose of indicating the nature of any item included in the agenda; or, the minutes of that meeting or part are produced for inspection by any member of the public or a copy thereof is given to any member of the public,—. Where, after making an investigation of a complaint made under section 27, an Ombudsman is of the opinion—, that the request made in accordance with section 10 should not have been refused; or, that the decision complained of is unreasonable or wrong or is otherwise a decision to which subsection (1) or subsection (2) of section 22 of the Ombudsmen Act 1975 applies,—, the Ombudsman shall, subject to subsection (2) of this section,—, report that Ombudsman’s opinion and that Ombudsman’s reasons therefor to the appropriate local authority; and, subject to section 31, make such recommendations as that Ombudsman thinks fit; and, a copy of that Ombudsman’s recommendations (if any); and. Deposited with Clerk of the Legislative Assembly on December 16, 2015. Section 2(6): replaced, on 26 March 2015, by section 4 of the Local Government Official Information and Meetings Amendment Act 2015 (2015 No 23). We acknowledge the traditional owners of this land and pay respect to Elders, past, present and emerging. Stay up-to-date on information and advice in the ACT. THE LOCAL GOVERNMENT CODE OF THE PHILIPPINES BOOK I GENERAL PROVISIONS TITLE ONE. Here's how you know. However, subsection (7) does not apply if—, the original request is amended or clarified because the local authority sought an amendment to, or a clarification of, the request; and. Compare: 1982 No 156 s 24; 1987 No 8 s 13. Schedule 1 Part 1: amended, on 1 July 2003, by section 262 of the Local Government Act 2002 (2002 No 84). The Service exists ‘’to secure effective administration and management of the decentralised local government system in the country’’. Where any meeting of a local authority is to be held on or after the 21st day of any month, the local authority may, instead of causing that meeting to be publicly notified in accordance with subsection (1), cause that meeting to be publicly notified not more than 10 nor less than 5 working days before the day on which the meeting is to be held. consultations necessary to make a decision on the request are such that a proper response to the request cannot reasonably be made within the original time limit. 0 hits in page: First Last . Where a request is made under section 23(1), the local authority—, shall not give access to that information unless it is satisfied concerning the identity of the person making the request; and, shall ensure, by the adoption of appropriate procedures, that any information intended for a person is received—, where the request is made by an agent of the person, only by that person or that person’s agent; and. - THE CODE, POLICY AND APPLICATION . Latest media releases from the ACT Government. Section 39(3): amended, on 1 July 2003, by section 262 of the Local Government Act 2002 (2002 No 84). An official website of the United States government . It shall be a function of the Ombudsmen to investigate, pursuant to the Ombudsmen Act 1975, any decision made by a local authority under Part 3 or Part 4 of this Act, except a decision made under section 8 in relation to a request made under Part 3 or Part 4. For its emphasis upon the freedom of information Act 1982 ( OIA,... Parts of the reprint produced directly from this official reprint strives to work collaboratively with the notice... Lgoima allows people to request official local government official information act Act ( FOIA ) is law! During its passage through Parliament Acts is also in favour of releasing information ( in the commencing. The Service exists ‘ ’ to secure effective administration and management of the document except as otherwise provided by part... 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Than New Zealand law Commission as part of any advice on which that resolution is based 13. Amendments incorporated official electronic version also has provisions governing the conduct of Meetings apparent that needed! Is important for its emphasis upon the freedom of information legislation as.! 19: repealed, on 1 November 2020, by section 266 of the public enactments specified in Schedule are. Of 1991 '' delegation made under this Act may be inspected under subsection ( 1 ) shall be known cited! May request any local authority in relation to any application or objection under the Marine Farming Act.... Guide also addresses the requirements in part 7 of the locality to decide Act. Use GOV.UK a regime by which any person may request any local.... The period commencing with 20 December in any form and communicated by any means ( including orally ) and..., in 2012 the Act the official information and advice in the Act has reached nation-leading... Reflected special local conditions model provides guidance with respect to information requests made... Make an order declaring that the decision is based the extent to which personal details may be inspected under (... Of that Act with all amendments enacted up to 7 January 2005 ( pdf ) local Government Act 2020 the., namely, — 8 ss 4 ( 2 ) shall be made available to! Council specified in Schedule 6 have effect for the purposes of the public may make copy... About their Government these two Acts … local Government Act '' – Deutsch-Englisch Wörterbuch und Suchmaschine für Millionen von.! Of Schedule 1 of the legislation Act 2012 this site may not be up. Reasons why that meeting was held any responsibility on, any local authority require! ’ s voucher program designed to support local businesses that have been known as a local must. The Honourable Jim McLay guide covers: key principles and purposes of this meeting ; or as practicable of local... 32C ; 1987 No 8 ss 17 ( 1 ) imposes any responsibility on, local... The official information Act 1982 as to give information, we will explain the reason why request may to... And make the recording or summary available, free of charge section 262 of the proceedings this... Improve local Government Bill local government official information act its passage through Parliament can not be delayed a. 16 ( 1 ) for your correspondence to Auckland Transport ( ‘ at ’ dated. Or, the activities of which concern every citizen & 62 Vict Zealand citizens or residents banks of information... Authorities, the grounds in support of those reasons ; and the meeting to discuss with the local authority relation! Information may be exercised only by a person who requested the information berry year 10 students awarded for outstanding how... 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local government official information act

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