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Contents (2009 - 52)
Government Information (Public Access) Act 2009 No 52
Current version for 1 July 2017 to date (accessed 24 November 2017 at 16:18)
Part 2 Division 2 Section 15
15   Principles that apply to public interest determination
A determination as to whether there is an overriding public interest against disclosure of government information is to be made in accordance with the following principles:
(a)  Agencies must exercise their functions so as to promote the object of this Act.
(b)  Agencies must have regard to any relevant guidelines issued by the Information Commissioner.
(c)  The fact that disclosure of information might cause embarrassment to, or a loss of confidence in, the Government is irrelevant and must not be taken into account.
(d)  The fact that disclosure of information might be misinterpreted or misunderstood by any person is irrelevant and must not be taken into account.
(e)  In the case of disclosure in response to an access application, it is relevant to consider that disclosure cannot be made subject to any conditions on the use or disclosure of information.