6
Official Information
(d)
in any case where that body is established in respect of a
Minister of the Crown, to be information held by that
Minister.
(3)
Where subsection (2) of this section applies in respect of any
unincorporated body and that body is established for the purpose of assisting, advising, or
performing a function connected with any Ministry or organisation, that unincorporated
body shall, for the purposes of this Act, be deemed to be part of that Ministry or
organisation.
(4)
Information held by an officer or employee or member of a Ministry
or organisation in his or her capacity as such an officer or employee or member or in his or
her capacity as a statutory officer (other than information which he would not hold but for
his or her membership of a body other than a Ministry or organisation) shall, for the
purposes of this Act, be deemed to be held by the Ministry or organisation of which he or
she is an officer or employee or member.
(5)
Any information held by an independent contractor engaged by any
Ministry or Minister of the Crown or organisation in his capacity as such contractor shall,
for the purposes of this Act, be deemed to be held by the Ministry or Minister of the Crown
or organisation.
(6)
For the avoidance of doubt, it is hereby declared that the terms
“Ministry” and “organisation” do not include –
(a)
a Court; or
(b)
in relation to its judicial functions, a Tribunal; or
(c)
a Commission of Inquiry appointed by an Order in Executive
Council made under the Commissions of Inquiry Act 1966;
or
(d)
a Commission of Inquiry or Board of Inquiry or Court of
Inquiry or committee of inquiry appointed, pursuant to and
not by, any provision of an Act, to inquire into a specified
matter.
3.
Act to bind the Crown - This Act shall bind the Crown.
PART 1
PURPOSES AND CRITERIA
4.
Purposes - The purposes of this Act are, consistently with the principle of
the Executive Government’s responsibility to Parliament –
(a)
to increase the availability of official information to the
people of the Cook Islands in order –
(i)
to enable their more effective participation in the
making and administration of laws and policies; and
(ii)
to promote the accountability of Ministers of the
Crown and officials,
and thereby to enhance respect for the law and to promote the
good government of the Cook Islands;
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