Government Information (Public Access) Act 2009 No 52
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