Page updated on: Friday April 23, 2010
The Official Information Act applies to virtually all information held by government departments, organisations and ministers of the Crown. The purpose of the Act is to increase the availability of official information to the public, to hold government officials accountable, and to protect information which should not be released for reasons of public interest, or to protect personal privacy. Anyone in New Zealand, any New Zealand citizen outside New Zealand, or any corporate body with a place of business in New Zealand may request information from any department or organisation to which the Act applies. The Act states that there is a 'principle of availability', that is, information shall be made available unless there is a good reason for withholding it. "Good reason" is defined in the Act. To view the Official Information Act, visit legislation online.
You may only request information 'held' by an organisation. This has been found by the Ombudsmen not to necessarily mean information that is written, that is, it can include information held in a person's head, however it does not include opinions. For more information on the kinds of information that can be requested, and for information on how to Make an Official Information Act request, see the Ministry of Justice website.
There may be a cost imposed by the organisation for the cost to them of processing your request. For information Official Information Act charges.
Your request may be declined for a variety of reasons. If you wish to complain about such a decision, you may do so to the Ombudsmen. For information regarding reasons why a request may be withheld and how to complain to the Ombudsmen. For more information on the Ombudsmen, visit the Office of the Ombudsmen of New Zealand website.
The Broadcasting Act 1989 gives the Broadcasting Standards Authority the responsibility to ensure that broadcasters comply with broadcasting Codes and other statutory requirements. For more information on these requirements click here.
All free to air television, pay television, radio, election programmes and promotion of liquor is required by the Broadcasting Act to comply with Code of Broadcasting Practice relating to that specific area. These codes can be viewed at the Broadcasting Standards Authority website.
Any person may make a complaint if they believe a broadcaster has breached any of the broadcasting standards set out in the Codes of Broadcasting practice. Information on the complaints procedure.
The Advertising Standards Authority is responsible for radio advertising standards (except in relation to advertisements regarding political parties and Parliamentary candidates, which the Broadcasting Standards Authority are responsible for).
Any person may complain if they believe that an advertisement is in breach of the Advertising Codes. View the Codes. The complaints procedure in relation to ordinary advertisements, differs from that for other broadcasts insofar as it is not necessary to complain to the broadcaster in the first instance in the case of advertisements. For more information on the advertising complaints procedure, see the Advertising Standards Authority website.
The Films Videos and Publications Classification Act 1993 governs the Censorship system in New Zealand. The Office of Film and Literature Classification is responsible for classifying publications that may need to be restricted or banned. 'Publication' is broadly defined. The Classification Office can classify any recorded, written or stored information or image. For further information on what may be classified, visit the Office of Film and Literature Classification website.
The Office may classify a publication as unrestricted, restricted or objectionable. A publication classified as restricted will have an age limit imposed on it. A publication classified as objectionable will be banned, meaning it will be unlawful to possess it.
More information on the classification categories.
More information on the classification system.
The civil law cause of action of defamation may be brought against any one who publishes (either through written or spoken word) a defamatory statement about a person. A statement is published if it is conveyed to a third person. A plaintiff must prove that the statement refers to them (although they do not have to be specifically named). A person will generally be identified if someone who knows them thinks the statement refers to them. Secondly, a plaintiff must prove that the statement was in fact defamatory. A statement will be defamatory if it tends to lower the plaintiff in the opinion of right thinking members of society. A statement may also be defamatory if it exposes a plaintiff to hatred, ridicule or contempt, or if it tends to make people shun or avoid the plaintiff. A plaintiff does not need actual evidence that the statement in fact caused people to think less of them or that it was believed by those to whom it was published.
A defendant is unlikely to be liable for publishing a defamatory statement that lowers the plaintiff in the eyes of right thinking members of society if it is provably true. If an untrue defamatory statement is published as the expression an honestly held opinion which those to whom it was published understand to be an opinion, the fact of it being an honest opinion may be a defence to defamation. However, the commentator must have in the publication indicated the facts (which must be true) on which they based their opinion. Consent is another defence to a cause of action in defamation, that is, a defendant will not be liable for publishing a defamatory statement about the plaintiff if the defendant had their consent to do so. It is not a defence to defamation that the defendant did not intend the statement to be defamatory.
There are other defences to defamation in respect of statements made in relation to current or former Members of Parliament, and for printers and distributors of information. For the most up to date information on this area of the law and for more information on any of these defences call your local District Law Society and ask to be referred to a lawyer who specialises in media law. Contact details of your local District Law Society.