PART IV
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EXEMPT DOCUMENTS
Division 2
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Exemptions
History
Div 2 inserted by No 51 of 2010, s 3 and Sch 3 item 24, applicable in relation to requests for access made under section
15
of the
Freedom of Information Act 1982
that are received at or after 1 November 2010.
SECTION 34
Cabinet documents
General rules
34(1)
A document is an exempt document if:
(a)
both of the following are satisfied:
(i)
it has been submitted to the Cabinet for its consideration, or is or was proposed by a Minister to be so submitted;
(ii)
it was brought into existence for the dominant purpose of submission for consideration by the Cabinet; or
(b)
it is an official record of the Cabinet; or
(c)
it was brought into existence for the dominant purpose of briefing a Minister on a document to which paragraph (a) applies; or
(d)
it is a draft of a document to which paragraph (a), (b) or (c) applies.
34(2)
A document is an exempt document to the extent that it is a copy or part of, or contains an extract from, a document to which subsection (1) applies.
34(3)
A document is an exempt document to the extent that it contains information the disclosure of which would reveal a Cabinet deliberation or decision, unless the existence of the deliberation or decision has been officially disclosed.
Exceptions
34(4)
A document is not an exempt document only because it is attached to a document to which subsection (1), (2) or (3) applies.
Note:
However, the attachment itself may be an exempt document.
34(5)
A document by which a decision of the Cabinet is officially published is not an exempt document.
34(6)
Information in a document to which subsection (1), (2) or (3) applies is not exempt matter because of this section if the information consists of purely factual material, unless:
(a)
the disclosure of the information would reveal a Cabinet deliberation or decision; and
(b)
the existence of the deliberation or decision has not been officially disclosed.
History
S 34 substituted by No 51 of 2010, s 3 and Sch 3 item 26, applicable in relation to requests for access made under section
15
of the
Freedom of Information Act 1982
that are received at or after 1 November 2010. S 34 formerly read:
SECTION 34 Cabinet documents
34(1)
A document is an exempt document if it is:
(a)
a document that has been submitted to the Cabinet for its consideration or is proposed by a Minister to be so submitted, being a document that was brought into existence for the purpose of submission for consideration by the Cabinet;
(b)
an official record of the Cabinet;
(c)
a document that is a copy of, or of a part of, or contains an extract from, a document referred to in paragraph (a) or (b); or
(d)
a document the disclosure of which would involve the disclosure of any deliberation or decision of the Cabinet, other than a document by which a decision of the Cabinet was officially published.
34(1A)
This section does not apply to a document (in this subsection referred to as a
relevant document
) that is referred to in paragraph (1)(a), or that is referred to in paragraph (1)(b) or (c) and is a copy of, or of part of, or contains an extract from, a document that is referred to in paragraph (1)(a), to the extent that the relevant document contains purely factual material unless:
(a)
the disclosure under this Act of that document would involve the disclosure of any deliberation or decision of the Cabinet; and
(b)
the fact of that deliberation or decision has not been officially published.
34(2)
(Repealed by No 99 of 2009)
History
S 34(2) repealed by No 99 of 2009, s 3 and Sch 1 item 8, effective 7 October 2009. For application provision, see note under s
33
. S 34(2) formerly read:
34(2)
For the purposes of this Act, a certificate signed by the Secretary to the Department of the Prime Minister and Cabinet certifying that a document:
(a)
is one of a kind referred to in a paragraph of subsection (1); and
(b)
is not a document containing purely factual material that is excluded from the application of this section under subsection (1A);
establishes conclusively, subject to the operation of Part VI, that it:
(c)
is an exempt document of that kind; and
(d)
is not a document containing such material.
34(3)
(Repealed by No 99 of 2009)
History
S 34(3) repealed by No 99 of 2009, s 3 and Sch 1 item 8, effective 7 October 2009. For application provision, see note under s
33
. S 34(3) formerly read;
34(3)
Where a document is a document referred to in paragraph (1)(c) or (d) by reason only of matter contained in a particular part or particular parts of the document, a certificate under subsection (2) in respect of the document shall identify that part or those parts of the document as containing the matter by reason of which the certificate is given.
34(4)
(Repealed by No 99 of 2009)
History
S 34(4) repealed by No 99 of 2009, s 3 and Sch 1 item 8, effective 7 October 2009. For application provision, see note under s
33
. S 34(4) formerly read:
34(4)
For the purposes of this Act, a certificate signed by the Secretary to the Department of the Prime Minister and Cabinet certifying that a document as described in a request would, if it existed:
(a)
be one of a kind referred to in a paragraph of subsection (1); and
(b)
not be a document containing purely factual material that is excluded from the application of this section under subsection (1A);
establishes conclusively, subject to the operation of Part VI, that, if such a document exists, it:
(c)
is an exempt document of that kind; and
(d)
is not a document containing such material.
34(5)
(Repealed by No 99 of 2009)
History
S 34(5) repealed by No 99 of 2009, s 3 and Sch 1 item 8, effective 7 October 2009. For application provision, see note under s
33
. S 34(5) formerly read:
34(5)
Where a certificate in accordance with subsection (4) has been signed in respect of a document as described in a request, the decision on the request may be a decision that access to a document as described in the request is refused on the ground that, if such a document existed, it would be an exempt document referred to in the paragraph of subsection (1) that is specified in the certificate.
34(6)
A reference in this section to the Cabinet shall be read as including a reference to a committee of the Cabinet.
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