8
Official Information
8.
Other reasons for withholding official information – (1) Where this section
applies, good reason for withholding official information exists for the purpose of section 5
of this Act unless, in the circumstances of the particular case the withholding of that
information is outweighed by other consideration which render it desirable, in the public
interest, to make that information available.
(2)
Subject to sections 6, 7, 9 and 18 of this Act, this section applies if,
and only if, the withholding of the information is necessary to –
(a)
protect the privacy of natural persons, including that of
deceased natural persons; or
(b)
protect information where the making available of the
information –
(i)
would disclose a trade secret; or
(ii)
would be likely unreasonably to prejudice the
commercial position of the person who supplied or
who is the subject of the information; or
(c)
protect information which is subject to an obligation of
confidence or which any person has been or could be
compelled to provide under the authority of an Act, where
the making available of the information –
(i)
would be likely to prejudice the supply of similar
information, or information from the same source,
and it is in the public interest that such information
should continue to be supplied; or
(ii)
would be likely otherwise to damage the public
interest; or
(d)
avoid prejudice to measures protecting the health or safety of
members of the public; or
(e)
avoid prejudice to the substantial economic interests of the
Cook Islands or
(f)
avoid prejudice to measures that prevent or mitigate material
loss to members of the public; or
(g)
maintain the constitutional conventions for the time being
which protect –
(i)
the confidentiality of communications by or with the
Sovereign or Her representative;
(ii)
collective and individual ministerial responsibility;
(iii) the political neutrality of officials;
(iv)
the confidentiality of advice tendered by Ministers of
the Crown and officials; or
(h)
maintain the effective conduct of public affairs through –
(i)
the free and frank expression of opinion by or
between or to Ministers of the Crown or member or
an organisation or officers and employees of any
Ministry or organisation in the course of their duty;
or
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