2020-09-08 S&O Agenda - Item 1 - Attachment 3 Delegations of Authority Council to Chief Executive (No Changes)

DESCRIPTION OF POWER DELEGATED                                                LEGISLATION

Power, as agency, to refuse to deal with an access application if:            Section 54
(a) the application should have been made under the Right to Information
    Act (because it is for access to a document other than to the extent it
    contains the applicant’s personal information); and
(b)   reasonable efforts have been made to inform the applicant that the
      application:
      (i) can not be made under the Information Privacy Act; and
      (ii) should be made under the Right to Information Act; and
      (iii) may be changed so it can be made under the Information Privacy
            Act, or may be dealt with under the Right to Information Act by
            paying the application fee.

Power, as agency, at any time before a deemed decision is taken to have been Section 55(1)
made in relation to an access or amendment application, to ask applicant for a
further specified period to consider the application.
Note: more than one request can be made (section 55(2) Information Privacy
Act

Power, as agency, to continue to consider an access or amendment Section 55(3)
application, if a further specified period has been requested under section
55(1), the applicant has not refused the request, and no notice that the
applicant has applied for review has been received.

Power, as agency, to give access to a document that contains information the Section 56(1)
disclosure of which may reasonably be expected to be of concern to a
government, agency, or person (a “relevant third party”), only if reasonably
practicable steps are taken to obtain the relevant third party’s views on whether:
(a) the document is a document for Chapter 3 of the Information Privacy Act
      (document of an agency or a Minister under the Right to Information
      Act); or
(b)   the information is exempt information or contrary to public interest
      information.


Power, as agency, to transfer an access or amendment application to another Section 57(2)
agency if the document is not in the original agency’s possession, but is, to the
original agency’s knowledge, in the other agency’s possession, and the other
agency consents.

Power, as agency, to refuse to deal with the application without having Section 59
identified any or all of the documents, if the documents contain information of
a stated kind or relate to a stated subject matter and it appears that all of the
documents are comprised of exempt information (as defined in Schedule 3 of
the Right to Information Act).




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