Contents (2009 - 52)
Government Information (Public Access) Act 2009 No 52
51 Initial decision as to validity of application
(1) When an agency receives an application for access to government information that it appears is intended to be an access application, the agency is to decide whether the application is a valid access application and is to notify its decision to the applicant by either:(a) acknowledging receipt of the application as a valid access application, or(b) notifying the applicant that the application is not a valid access application.Note.An application is not a valid access application if it is an application for excluded information of the agency or does not comply with the formal requirements for access applications.(2) An agency’s decision as to the validity of an application must be made and notified to the applicant as soon as practicable after the agency receives the application and in any event within 5 working days after the application is received.Note.The decision is reviewable under Part 5.(3) An acknowledgement of receipt of a valid access application must include the following:(a) the date by which the application is required to be decided (subject to any suspension or extension of the time for deciding an application),(b) a statement that the application will be deemed to have been refused if not decided by the required date,(c) a statement that information about the application may be made public in the agency’s disclosure log and that the applicant may object to this (but this statement is not required if the agency considers it unlikely that information about the application will be included in the disclosure log),(d) such details of rights of review in connection with access applications as the Information Commissioner may from time to time direct.(4) Acknowledging receipt of an application as a valid access application does not prevent the agency from subsequently deciding that the application is not a valid access application.(5) An agency’s decision that an application is not a valid access application is presumed to be correct, subject to any review of the decision under Part 5.