How to make an official information request
This page describes how to make an official information request and covers the following topics:
- How to word your request.
- "Due particularity".
- Verbal requests.
- Tips for making requests.
- When should you receive a response to your request?
- Do you have to pay for official information?
- What can you do if your request is refused?
- The Ombudsmen's investigation process.
References to the Official Information Act (OIA) should also be read as references to the Local Government Official Information and Meetings Act (LGOIMA).
How to word your request
You do not need to use legal language when requesting official information. A request does not have to be in writing and does not even have to state that it has been made "under the Official Information Act". Any request for information to an agency covered by the OIA must be treated as an OIA request.
“Due particularity”
However, section 12(2) of the OIA (section 10(2) of the LGOIMA) states that a request must be specified "with due particularity". This means that the person receiving the request must be reasonably able to identify the information requested.
It is important that you describe the information you are seeking as clearly as possible. Sometimes, requests are made for large amounts of information because the requester does not know exactly what type of information they are most interested in receiving or does not know how that information is held by the agency. Requests which are unclear or are too broad may result in delays, charges, or even refusals.
Verbal requests
If you make your request orally, instead of in writing, it is useful to make a note of what you have requested and when you requested it. This is helpful if you later need to complain to an Ombudsman.
Tips for making requests
- Before making your request, it may be helpful to telephone or email the agency to get advice about the type of information you are interested in receiving. Knowing the likely form of the information you are seeking or who wrote it, may help you make your request more specific. This may avoid the need for the agency to ask you to clarify your request. Under the OIA, agencies are required to give you reasonable help to make an official information request.
- Look at your request and consider whether it is clear. For example, is your request for specific documents (such as the advice a Minister received on a particular subject) or is the request for general information about that subject?
- If you are happy to discuss your request with the agency, make this clear and provide a contact telephone number or email address.
- Making an initial request for general information about the work being done on a particular topic may assist you to make a more specific, follow-up, request for the exact information that you want.
- If you don’t want to receive certain types of information (for example, internal emails or draft versions of documents) make that clear in your request.
- Although the OIA does not require you to explain the purpose of the request, doing so may help an agency to identify the information you are seeking and decide whether your request should be granted.
- If your request covers much more information than you expected and you are willing to reduce your request or to accept information in a different form (for example, as a summary) make this clear. Doing so may help reduce the time it takes the agency to respond to your request.
When should you receive a response to your request?
An agency must respond to a request "as soon as reasonably practicable", and in any case not later than 20 working days after having received the request.
Under section 15A of the OIA (section 14 of the LGOIMA), an agency may extend the time period for responding to a request if:
- the request is for a large quantity of information or requires a search through a large quantity of information, and meeting the original time limit would unreasonably interfere with the operations of the agency; or
- 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.
An agency can only extend the time limit once. If an agency intends to extend the time limit, it must notify you of the extension within 20 working days of receiving your request. If you are unhappy with the decision of an agency to extend the time limit for responding to your request, you can complain to an Ombudsman about that extension.
If you do not receive a response to your request within 20 working days, or by any extended time limit set by the agency, your request is deemed to have been refused and you may complain to an Ombudsman about that refusal.
Do you have to pay for official information?
The OIA provides that agencies may require the payment of a “reasonable” charge for supplying official information.
If an agency decides to charge you for information, it will usually write to you first to explain how much the charge is likely to be and how the charge has been calculated. The agency may request that the charge, or a deposit, be paid before it releases the information.
The Ministry of Justice has published guidelines on charging for the release of official information, which have been approved by the Government. The guidelines can be found on the Ministry of Justice website. These guidelines set out what the Government regards as reasonable charges for the provision of official information. The guidelines describe how charges should be calculated and also list some of the factors which should be taken into account when deciding whether to reduce or waive a charge (such as hardship to the requester and the public interest in the disclosure of the information).
If any agency decides to charge you for official information and you think that the charge is unreasonable - whether or not it appears to comply with the guidelines - you can complain to an Ombudsman.
What can you do if your request is refused?
Agencies are entitled to refuse requests for information if there is "good reason" to withhold the information under the OIA.
If you are unhappy with an agency’s decision to withhold information, you can complain to an Ombudsman about that decision.
The Ombudsmen’s investigation process
Further information about the Ombudsmen’s investigation process and how your complaint will be handled is also available on our website.