Official Information Act 1982 (OIA)

Legislation that promotes access to official information, enabling participation in law-making and accountability of officials, while protecting privacy.

Status: needs_review
Updated: 2026-04-25
Also known as: OIA
Sources: A8.1A8.5A8.10A8.15A8.20A8.25A8.30A8.35A8.40A8.45A8.50A8.55A8.60A8.65A8.80A8.85A8.90A8.90.1A8.90.5A8.90.10A8.90.15

At a glance

The Official Information Act 1982 (OIA) gives individuals the right to request official information held by government agencies, including Immigration New Zealand (INZ). It aims to increase transparency, enabling the public to participate more effectively in policy-making and hold officials accountable. [A8.1]

Who may make a request under the OIA

Requests for official information may only be made by:

a New Zealand citizen; or
a permanent resident of New Zealand (as defined under the Official Information Act 1982); or
a person who is currently in New Zealand; or
a body corporate incorporated in New Zealand; or
a body corporate incorporated outside New Zealand that has a place of business in New Zealand. [A8.15]

Definition

The OIA has three main purposes:

To increase public access to official information, which enables more effective participation in the making of laws and policies and promotes the accountability of Ministers and officials. [A8.1]
To give individuals access to official information about themselves (subject to certain limitations—see Interpretation & edge cases below). [A8.1]
To protect the public interest and safeguard personal privacy alongside these access rights. [A8.1]

"Official information" includes any information held by an organisation subject to the OIA. INZ is such an organisation, so its operational manuals, internal policies, decision-making records, and case files may be requested, except where there is good reason to withhold them (e.g., to protect privacy, prevent prejudice, or maintain legal professional privilege). [A8.1]

Principle of availability: Under the OIA, all official information must be made available unless there is a good reason under the Act to withhold it. [A8.10] This principle underlies the whole regime and informs the default position that openness is the norm.

Application in decisions

Before releasing any information in response to an OIA request, immigration officers must be satisfied that the requestor is eligible to receive that information and that the information does not contain any material that should be withheld. [A8.25]

When a visa applicant or their adviser seeks information about their own case, the OIA provides a framework to request that information. However, the pathway and rules differ depending on the requester's status:

For requests about the requester themselves: If the requester is a living natural person who is a New Zealand citizen, permanent resident, or is physically present in New Zealand, their personal information should be requested under the Privacy Act 2020, not the OIA. [A8.1]
For requests by an agent on behalf of an individual: An individual may authorise an agent (such as a lawyer or immigration adviser) to receive their personal information on their behalf under the Privacy Act. [A8.1]
For other requests: Requests for policy documents, aggregated statistics, internal guidance, or another person's information (when not entitled under the Privacy Act) fall under the OIA. INZ must respond to requests in line with the statutory timeframes and provisions for refusal or redaction, and must provide reasonable assistance to the requestor (for example, by telephoning or writing to clarify what information is being sought). [A8.1][A8.20]

Decision-makers should be aware that a properly made request under the OIA must be considered and responded to. Failure to do so can be the subject of a complaint to the Ombudsman. [A8.60] The OIA also interacts with fairness obligations under the INZ Operational Manual (see A1 Fairness and Natural Justice). [A8.1]

Transferring requests

If a request under the OIA is received by INZ but the information is held by another department or organisation, or is more closely related to another department's functions, INZ must transfer the request promptly. The transfer must occur within 10 working days, and the requestor must be informed of the transfer in writing. This requirement is set out in section 14 of the Official Information Act 1982. [A8.30]

Time limits

Requests for information must be responded to as soon as reasonably practicable, and no later than 20 working days from the date the request is received. [A8.35]

If the person makes an urgent request for information, they must give reasons for the urgency. INZ must take those reasons into consideration when responding. [A8.35]

The 20‑working day time limit may be extended once only, and only in the following circumstances:

the request is for a large quantity of official information; or
the request requires a search through a large quantity of information; or
meeting the original time limit would unreasonably interfere with INZ operations; or
extensive consultations are necessary to make a decision on the request. [A8.35]

If an extension of time is notified for one of the above reasons, the person requesting the information must be advised of the right to complain to an Ombudsman about the extension. [A8.35]

These time limits are derived from sections 15(1) and 15A of the Official Information Act 1982. [A8.35]

Which INZ processing office responds to requests? [A8.40]

Information relating to INZ clients

The INZ office nearest to where the client lives normally processes the information request, or if there is an undecided visa or compliance application, the branch processing that application. [A8.40]
The processing office must obtain all INZ physical and electronic files and information, whether these are at other INZ offices, MFAT posts, Archives, Online, National Office, or temporarily with the Immigration and Protection Tribunal (the Tribunal) pending appeal. [A8.40]
If a request has to be forwarded to another office, it must be lodged on AMS and a copy faxed to the relevant office. As the time for responding starts from the date INZ received the request, the forwarding should occur promptly. The requestor must be advised of the office to which it has been sent. All physical/electronic files must be transferred. [A8.40]
The Tribunal does not process requests for information held on INZ files. However, the Tribunal is required to provide INZ with a copy of the appeal and decision, and these should be on the relevant INZ file. For refugee or protection decisions, only a copy of the decision is required to be provided. [A8.40]

All other information

For information not relating to an INZ client, the branch that holds the information or knows most about it will respond. [A8.40]
For example, if the request is for information relating to refugee or protection status, the Refugee and Protection Unit will respond. If the request is for information relating to policy development or policy papers, National Office will respond. [A8.40]

Form in which information may be released

Information should be provided in the way preferred by the individual requesting it unless to do so would:

impair efficient administration; or
be contrary to any legal duty of INZ in respect of the document; or
prejudice the interests protected by the withholding provisions of the Official Information Act. [A8.45]

Normally, INZ provides:

a photocopy of the information requested, including a print of the relevant AMS screens "copied and pasted" onto a Word document (a copy of this must also be placed on the physical file so it is clear what has been released); or
a reasonable opportunity to inspect documents, or listen to or view recordings; or
an excerpt or summary of the information, if some information is being withheld or deleted from a document. [A8.45]

Charges for providing Official Information

INZ follows government guidelines on reasonable charges for official information requests. Staff time is charged at NZ$38 per half‑hour after the first free hour, regardless of staff grade. Chargeable staff time includes: searching indexes, locating and extracting information, reading or reviewing information (but not deciding on release), transcribing (including compiling excerpts or summaries), supervising access, and collating and photocopying. Photocopies are provided at 20 cents per page after the first 20 free pages. Other actual costs—such as computer‑generated documents, reproducing recordings, arranging viewing or hearing of recordings, maps or large documents, postage, courier, off‑site retrieval, or commercially valuable information—are charged as incurred. All charges include GST. [A8.90]

If repeated requests on a common subject are made within an 8‑week period, all requests after the first are combined for charging purposes. When the total chargeable amount only slightly exceeds the free threshold, immigration officers must use their discretion to decide whether any charge should be made, and if so, how much. [A8.90]

Deposits

INZ may require a deposit if the total charge is likely to exceed $76 (equivalent to one hour of chargeable staff time) or to obtain an assurance of payment and avoid wasting resources. A deposit may only be requested after a decision has been made to release the information. The applicant must be informed of the deposit amount, the method of calculating the charge, and the expected final amount. Work on the request may be suspended until the deposit is received. Any unused part of the deposit must be refunded immediately with a detailed statement of how the rest was spent. [A8.90.1]

Waiving or reducing charges

INZ may, at its discretion, modify or waive any charge. Before making a decision, the circumstances of each individual request must be considered. [A8.90.5]

Review of decisions on charges

The Ombudsman may investigate and review any decision about charging for an official information request. Applicants must be informed of their right of appeal to the Ombudsman when they are notified of the charge. Immigration officers must record all costs involved and note that the applicant has been told how the charge was calculated. [A8.90.10]

MPs and political parties

Requests from Members of Parliament may be exempt from charges if the information is for their own use. This discretion can be extended to political party parliamentary research units when the request has the endorsement of an MP. In exercising this discretion, officers should consider whether waiving the charge would be consistent with providing more open access to official information for MPs in the reasonable exercise of their democratic responsibilities. If a large or costly request is received, officers should clarify and, where possible, narrow the request. A reasonable charge may still be appropriate, and the time and resources involved should be taken into account. Legal Services advice should be sought if clarification is needed. [A8.90.15]

Reasons for withholding information

See also Official Information Act, ss 6, 7, 9, 10, 18, and 27.

The reasons for withholding information under the OIA include (but are not limited to):

Release would be likely to prejudice the maintenance of the law, including preventing, investigating and detecting offences, and the right to a fair trial. This includes information that would be likely to identify informants, or restricted information in the INZ Operational Manual (such as risk profiles).
It is necessary to protect the privacy of natural persons, and this is not outweighed by other considerations which render it desirable, in the public interest, to make that information available.
It is necessary to maintain legal professional privilege (the confidentiality of dealings between client and lawyer, including requests for legal advice, the advice itself, and any reference to the legal advice) and this is not outweighed by other considerations which render it desirable, in the public interest, to make that information available.
Release would be likely to prejudice New Zealand's security or defence or the international relations of the New Zealand Government.
Release would be likely to prejudice the entrusting of confidential information to the New Zealand Government by other governments or international organisations. (It may be possible to release a summary of the information but withhold the identity of the source.)
It is necessary to protect the information as release would disclose a trade secret or would be likely unreasonably to prejudice the commercial position of the person supplying or who is the subject of the information, and this is not outweighed by other considerations which render it desirable, in the public interest, to make that information available.
The document alleged to contain the information does not exist or cannot be found. (This can only be used after a thorough, fully documented search has been made.)
Release would be likely to endanger the safety of any person (based on the past behaviour of the person likely to cause the danger).
Release would constitute contempt of court or of the House of Representatives (for example, where a court has made an order prohibiting publication of a person's name or other details).

Certain official information is also excluded from disclosure, such as information contained in any communication between the Office of the Ombudsmen and INZ, or the Office of the Privacy Commissioner and INZ relating to any investigation under the Ombudsmen Act, the Official Information Act or the Privacy Act. [A8.50]

Obligations when information is withheld

See also Official Information Act, ss 19 and 28.

When INZ withholds information, it must:

Give the requestor the reasons why the information has been withheld, referencing the specific section of the Act relied upon (a copy of the withheld information must be placed in an envelope and put on the physical file). [A8.60]
Advise the requestor of the right to seek an investigation and review of the refusal by writing to the Ombudsman. [A8.60]

Effective 29/11/2010. [A8.50]

Consulting the Minister on policy information releases

In requests for policy-related information that is marginal, sensitive, or contains advice to the Minister from INZ, INZ must consult the Minister of Immigration about whether to release the information. [A8.85]

In such cases, INZ sends a submission to the Minister that:

details the information requested;
advises that INZ proposes to release, conditionally release, or withhold the information; and
quotes the relevant reference in the Official Information Act 1982. [A8.85]

Effective 29/11/2010.

Interpretation & edge cases

Interaction with the Privacy Act: The primary legislation for personal information access is the Privacy Act 2020 for eligible individuals. The OIA is secondary in that context, but remains relevant for non-personal information or for individuals who fall outside the Privacy Act's scope (e.g., offshore non-citizens/non-residents requesting their own information may need to use the OIA). [A8.1]
Public interest and privacy: The OIA explicitly balances openness with the need to protect the public interest and personal privacy. When information would prejudice a person's privacy, it may be withheld. INZ must weigh these factors carefully. [A8.1]
Concurrent requests: Where a request covers both personal and non-personal information, INZ may process parts under different Acts. Advisers should specify the Act(s) they are relying on to avoid delays. [A8.1]
Limits on access: The OIA provides for various withholding grounds (e.g., to protect international relations, maintenance of the law, or commercial confidentiality). The operational manual does not list them exhaustively; the legislation itself should be consulted. [A8.1]
Operational manual disclaimer: The INZ operational manual does not replace the Ministry of Business, Innovation and Employment's official information policy. [A8.5]
Police certificates and other police-originating information: Standard New Zealand Police certificates may be released. However, any other information originating from the New Zealand Police or from Interpol should not be released without consultation with the Police Privacy Officer (Police National Headquarters, Box 3017, Wellington). Alternatively, the request may be transferred to the New Zealand Police at National Headquarters. [A8.55]
Right to request correction of personal information: Under section 26 of the OIA, a person who has requested personal information under section 24 must be advised in every response of the right to request correction of that information, and to request that a notation be attached indicating the nature of any correction sought but not made. This applies regardless of whether any information has been withheld. Note that section 24 applies to personal information about bodies corporate incorporated in New Zealand or overseas bodies corporate with a place of business in New Zealand. [A8.65]

Requests from Members of Parliament

A Member of Parliament (MP) may request official information from INZ like any other person, and in most cases such requests will be dealt with under standard OIA procedures. [A8.80]
An MP may be exempted from charges for information if that information is likely to be used in the reasonable exercise of their democratic responsibilities as MP and not for private political purposes. [A8.80]