Government Information (Public Access) Act 2009 No 52
Current version for 20 January 2013 to date (accessed 21 May 2013 at 23:57)
Part 5Division 4Section 105

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 section.
(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.
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