Government Information (Public Access) Act 2009 No 52
63 Deemed refusal if application not decided within
(1) If an agency does not decide an access application within time,
the agency is deemed to have decided to refuse to deal with the application
and any application fee paid by the applicant is to be
Note. A deemed decision to refuse to deal with an application is
reviewable under Part 5.
(2) The deemed refusal to deal with an application does not prevent
the agency from continuing to deal with the application and subsequently
deciding the application and giving notice of its decision (a late decision) on the
(3) The obligation to refund an application fee to the applicant is
not affected by the making of the late decision and the late decision does not
entitle the agency to payment of an application
(4) No processing charge can be imposed for dealing with an access
application if the application was not decided within time (whether or not a
late decision is made on the application).