Government Information (Public Access) Act 2009 No 52
105 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.