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

                                                                                    ATTACHMENT 2

DESCRIPTION OF POWER DELEGATED                                                                 LEGISLATION
Power to decide that:                                                                          Section 37(3)(b)
(a) a document to which section 37(1) applies is a document to which the Act does not
    apply; or
(b) information in a document referred to in (a) is not exempt information or contrary to
    public interest information
Power to transfer the application to another agency if—                                        Section 38(2)
(a) the document to which the application relates is not in Council’s possession but is,
    to Council’s knowledge, in the other agency’s possession; and
(b) the other agency consents to the transfer.
Power to deal with an access application even if this Act provides that the Council may Section 39(3)
refuse to deal with the application.
Power to refuse to deal with the access application without having identified any or all       Section 40
of the documents if—
(a) an access application is expressed to relate to all documents, or to all documents
     of a stated class, that contain information of a stated kind or relate to a stated
     subject matter; and
(b) it appears to Council that all of the documents to which the application relates are
     comprised of exempt information.
Power to refuse to deal with an access application or, if Council is considering 2 or          Section 41(1)
more access applications by the applicant, all the applications, if Council considers the
work involved in dealing with the application or all the applications would, if carried out,
substantially and unreasonably divert the resources of the Council from their use by
Council in the performance of its functions, provided that the conditions set out in
section 42(1) have been complied with.
Power to make an agreement with an applicant to extend the prescribed consultation             Section 42(6)(b)
period.
Power to refuse to deal with the later application to the extent it is for access to a         Section 43(3)
document or documents sought under the first application if—
(a) when the later application was made, Council had not decided the first application;
      or
(b) in relation to the first application, if made under this Act—
     (i) the applicant had been given notice under section 54 that access was to be
         given to the document sought or to some or all of the documents sought; or
    (ii) Council had decided that the application was for a document to which this Act
         does not apply; or
   (iii) Council had decided the document or documents sought were documents
         access to which was refused under section 47; or
  (iv) Council had refused to deal with it under this part; or
(c) in relation to the first application, if made under the Information Privacy Act—
     (i) the applicant had been given notice under section 68 of that Act that access
         was to be given to the document sought or to some or all the documents
         sought; or
    (ii) Council had decided that the application was for a document to which chapter 3
         of that Act does not apply; or
   (iii) Council had decided t the document or documents sought were documents
         access to which was refused under section 67 of that Act; or
  (iv) Council had refused to deal with it under chapter 3, part 4 of that Act; or
(d) Council’s decision on the first application—
     (i) is the subject of a review and the review is not complete; or
    (ii) has been the subject of a completed review (other than an internal review).



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