Contents (2009 - 52)
Government Information (Public Access) Act 2009 No 52
Division 3 Policy documents
23 What constitutes an agency’s policy documents
An agency’s policy documents are such of the following documents as are used by the agency in connection with the exercise of those functions of the agency that affect or are likely to affect rights, privileges or other benefits, or obligations, penalties or other detriments, to which members of the public are or may become entitled, eligible, liable or subject (but does not include a legislative instrument):(a) a document containing interpretations, rules, guidelines, statements of policy, practices or precedents,(b) a document containing particulars of any administrative scheme,(c) a document containing a statement of the manner, or intended manner, of administration of any legislative instrument or administrative scheme,(d) a document describing the procedures to be followed in investigating any contravention or possible contravention of any legislative instrument or administrative scheme,(e) any other document of a similar kind.
24 Effect of policy documents not being publicly available
(1) A person is not to be subjected to any prejudice because of the application of the provisions of an agency’s policy document to any act or omission of the person if, at the time of the act or omission:(a) the policy document was not publicly available as required by this Act, and(b) the person was not aware of those provisions, and(c) the person could lawfully have avoided the prejudice had the person been aware of those provisions.(2) This section does not apply to any matter forming part of an agency’s policy document that is not made publicly available as a result of being deleted as required by this Act from copies of the policy document that are made publicly available.