Division 3 Review by Information Commissioner
89 Right to have decision reviewed by Information
(1) A person aggrieved by a reviewable decision of an agency is
entitled to have the decision reviewed by the Information Commissioner under
(2) A reviewable decision must be the subject of an internal review by
the agency under this Part before it can be reviewed by the Information
(a) the aggrieved person is the access applicant,
(b) an internal review of the decision is not available to the
aggrieved person under this Part.
(3) The Information Commissioner may exercise any function of the
Information Commissioner under the Government Information (Information Commissioner)
Act 2009 for the purposes of or in connection with the review
of a reviewable decision of an agency.
(4) Conduct of an agency that constitutes a reviewable decision of the
agency cannot be the subject of a complaint to the Information Commissioner
under section 17 of the Government
Information (Information Commissioner) Act
90 Time limit for applying for review by Information
An application for the review of a decision by the Information
Commissioner must be made within 40 working days after notice of the decision
to which the review relates is given to the applicant.
91 Disclosure of public interest information
The Information Commissioner must not, in the exercise of
functions in connection with a review under this Division, disclose any
information for which there is (or for which an agency claims there is) an
overriding public interest against disclosure.
92 Recommendations on review
(1) On a review of a decision under this Division, the Information
Commissioner may make such recommendations to the agency about the decision as
the Information Commissioner thinks appropriate.
(2) The recommendations specifically provided for by this Division do
not limit the recommendations that the Information Commissioner can
93 Recommendation for reconsideration of matter by
(1) The Information Commissioner may recommend that the agency
reconsider the decision that is the subject of the Information
Commissioner’s review and make a new decision as if the decision
reviewed had not been made.
(2) The agency may, pursuant to such a recommendation, reconsider the
decision and make a new decision, whether or not the decision has already been
the subject of internal review by the agency.
(3) The agency’s reconsideration of a decision is to be by way
of internal review of the decision (under Division 2) unless the decision has
already been internally reviewed, in which case the agency is to reconsider
the decision and make a new decision.
(4) Unlike an internal review, the reconsideration of a decision that
is not an internal review:
(a) can be done by the person who made the original decision,
(b) can be the reconsideration of a decision made by the principal
officer of the agency.
(5) The reconsideration of a decision that is not an internal review
cannot be done by a person who is less senior than the person who made the
(6) No fee is payable for any reconsideration (including by way of an
internal review) of a decision pursuant to a recommendation of the Information
94 Recommendation as to public interest against
(1) The Information Commissioner may make a recommendation against a
decision of an agency that there is an overriding public interest against
disclosure of government information.
(2) The Information Commissioner must consult with the Privacy
Commissioner before making a recommendation under this section about a
decision that concerns a privacy-related public interest consideration (being
a public interest consideration referred to in clause 3 (a) or (b) of the
Table to section 14).
(3) Despite section 91, the Information Commissioner may disclose
information to the Privacy Commissioner in the course of consulting with the
Privacy Commissioner under this section.
95 Recommendation as to general procedure of
The Information Commissioner may make a recommendation that any
general procedure of an agency in relation to dealing with access applications
be changed to conform to the requirements of this Act or to further the object
of this Act.
96 Information Commissioner may refuse to review
The Information Commissioner may refuse to review or to deal
further with a review of a decision of an agency if the Information
Commissioner is satisfied that:
(a) the application for review is frivolous, vexatious, misconceived
or lacking in substance, or
(b) the review would require an unreasonable and substantial diversion
of the resources of the Information Commissioner, or
(c) the applicant for review has failed without reasonable excuse to
co-operate with the Information Commissioner in connection with the review,
(d) the applicant for review cannot by reasonable efforts be contacted
by the Information Commissioner.
97 Onus on agency to justify decisions
(1) In any review under this Division concerning a decision made under
this Act by an agency, the burden of establishing that the decision is
justified lies on the agency, except as otherwise provided by this
(2) If the review is of a decision to provide access to government
information in response to an access application, the burden of establishing
that there is an overriding public interest against disclosure of information
lies on the applicant for review.
(3) If the review is of a decision to refuse a reduction in a
processing charge, the burden of establishing that there is an entitlement to
the reduction lies on the applicant for review.
98 No review of decisions reviewed by ADT
A decision is not to be the subject of review by the Information
Commissioner under this Division if the decision is or has been the subject of
review by the ADT.
99 Referral of agency decision to ADT
The Information Commissioner may, with the consent of the
applicant for review, refer a decision of an agency that is the subject of a
review by the Information Commissioner under this Division to the ADT for