Official Information
9
(ii)
(i)
(j)
(k)
(l)
the protection of such Ministers, members of
organisations, officers, and employees from improper
pressure or harassment; or
maintain legal professional privilege; or
enable a Minister of the Crown or any Ministry or
organisation holding the information to carry out, without
prejudice or disadvantage, commercial activities; or
enable a Minister of the Crown or any Ministry or
organisation holding the information to carry on, without
prejudice or disadvantage, negotiations (including
commercial and industrial negotiations); or
prevent the disclosure or use of official information for
improper gain or improper advantage.
9.
Information concerning existence of certain information – Where a request
under this Act relates to information to which section 6 or section 7 or section 8(2)(b) of
this Act applies, or would if it existed apply, the Ministry or Minister of the Crown or
organisation dealing with the request may, if it or he is satisfied that the interest protected
by section 6 or section 7 or section 8(2)(b) of this Act would be likely to be prejudiced by
the disclosure of the existence or non-existence of such information, give notice in writing
to the applicant that it or he neither confirms nor denies the existence or non-existence of
that information.
10.
Exclusion of public interest immunity – (1) Subject to subsection (2) of
this section, the rule of law which authorizes or requires the withholding of any document,
or the refusal to answer any question, on the ground that the disclosure of the document or
the answering of the question would be injurious to the public interest shall not apply in
respect of (a)
any investigation by or proceedings before the Ombudsman;
or
(b)
any application for the prerogative writs of certiorari,
mandamus or injunction sought in respect of any decision
under this Act,
but not so as to give any party any information that he or she would not, apart from this
section, be entitled to.
(2)
Nothing in subsection (1) of this section affects –
(a)
section 34 of this Act; or
(b)
section 17 of the Ombudsman Act 1984.
PART 2
REQUESTS FOR ACCESS TO OFFICIAL INFORMATION
11.
Requests – (1) Any qualified person may request a Ministry or Minister of
the Crown or organisation to make available to him or her or it, any specified official
information.
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