2017-12-12 S&O Agenda - Attachment 2 to Item 7 - Reviewed Delegations of Authority

                                                                                  ATTACHMENT 2


DELEGATION OF AUTHORITY
TITLE:         RIGHT TO INFORMATION

Part 1 - Delegation by the Council to:                              Date:

Chief Executive Officer

Part 2 - Delegation by the Chief Executive Officer to:               Date approved:


Source of Authority:
Local Government Act 2009– Section 257
Right to Information Act 2009

Delegated Power:

To exercise the powers of council pursuant to the Right to Information Act 2009.

DESCRIPTION OF POWER DELEGATED                                                              LEGISLATION
Power to disclose information under a publication scheme, without limiting another way      Section 22
Council may disclose information.
Power to give access to a document created after the application is received but before     Section 27(2)
notice is given under section 54.
Power to search for a document from a backup system if Council considers the search         Section 29(2)
appropriate.
Power to appoint an appropriately qualified healthcare professional to make a               Section 30(5)(b)
healthcare decision in relation to an access application.
Power to:                                                                                   Section 35
(1) ask the applicant for a further specified period to consider the application;
(2) make additional requests for further specified periods under subsection (1); and
(3) continue to consider the application and make a considered decision in relation to it
    only if—
    (a) Council has asked the applicant for a further specified period under subsection
        (1); and
    (b) the applicant has not refused the request; and
    (c) Council has not received notice that the applicant has applied for review under
        this Act.
Power to make an agreement with the applicant to extend the prescribed period.              Section 36(7)
Power to give access to a document that contains information the disclosure of which        Section 37 (1)
may reasonably be expected to be of concern to a government, agency or person (the
relevant third party) only if Council has taken steps that are reasonably practicable—
(a) to obtain the views of the relevant third party about whether—
    (i) the document is a document to which this Act does not apply; or
   (ii) the information is exempt information or contrary to public interest information;
        and
(b) to inform the relevant third party that if access is given to the document because of
     an access application, access may also be given to the document under a
     disclosure log.



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