Official Information Act No.2 of 2008

1. Short Tille and commencement 19. Requests involving substantial

2. Interpretation collation or research

3. Act to bind the Crown 20. Duty to consider consulting PARTl person if request likely to be PURPOSES AND CRITERIA refused under section 18(e) or (f)

4. Purposes 21. Reason for refusai to be gi ven

5. Principle of availability PART3

6. Conclusive reasons for PUBLICATION OF, AND withholding official information ACCESS TO, CERTAIN

7. Special reasons for withholding DOCUMENTS AND official information related to New INFORMATION Zealand 22. Publication setting out functions

8. Other reasons for withholding ofMinistries and organisations official information 23. Right of access to certain official

9. Information concerning existence information of certain information 24. Right of access to internai rules

1O. Exclusion of public interest affecting decisions imrnunity 25. Right of access by person to PART2 reasons for decisions affecting that REOUESTS FOR ACCESS TO person OFFICIAL INFORMATION PART4

11. Requests RIGHT OF ACCESS TO

12. Assistance PERSONAL INFORMATION

13. Transfer ofrequests 26. Right of access to persona!

14. Decisions on requests information

15. Extension oftime limits 27. Precautions

16. Documents 28. Correction of information

17. Deletion of information from 29. Reasons for refusai of request for documents persona! information

18. Refusai ofrequests Price $12.00 .! 2 Official Information 2008/02 PARTS Division 2 REVIEW OF DECISIONS · Decisions under Part 3 and Part DivisÙJII 1 4 ofthis Act Decisions under Part 2 and 41. Application of Ombudsman Act sectio11 9 of this Act 1984

30. Functions of Ombudsman 42. Saving in respect of Ombudsman

31. Application of Ombudsman Act Act 1984 1984 PART6

32. Requirement of Ombudsman to be REVIEW BY . INDEPENDENT complied with within certain CONSULTANT period 43. Appointrnent of independent

33. Procedure after investigation consultant

34. Disclosure of certain information 44. Functions and powers of not to be recommended independent consultant

35. Recommendations made to the 45. Functions in respect of persona! Ministry or Minister of the Crown information or organisation PART7

36. Requirements in relation to Order MlSCELLANEOUS in Executive Council PROVISIONS

37. Right ofreview 46. Assistance of Crown Law Office

38. Appeals 47. Regulations

39. Complainant to be informed of 48. Protection against certain actions result of investigation 49. Power to amend Schedule 1 by

40. Restriction on application for Order in Executive Council review 50. Consequential amendment SI. Repeal

52. Savings Schedules 2008, No. 2 An Act to make official information more free!y available, to establish procedures for the achievement of those purposes, and to repeal the Official Secrets Act 1951. (18 February 2008 BE IT ENACTED by the Parliament of the Cook Islands in Session assembled and by the authority of the same as follows:

1. Short Title and commencement • (1) This Act may be cited as the Official Information Act 2008. (2) This Act shall corne into force on the 11 th February 2009. ~----.....'- Official Information 3 2008/02 2. lnterpretation - (1) In this Act, unless the context otherwise requires, - "Cook Islander" means a member of the Polynesian race indigenous to the Cook Islands; "Documenf' means a document in any form, and includes - (a) any writing on any material; (b) any information recorded or stored by m.eans of any tape-recorder, computer, or other device; and any material subsequently derived from information so recorded or stored; ( c) any label, marking, or other writing that identifies or describes any thing of which it forms part, or to which it is attached by any means; ( d) any book, map, plan, graph, or drawing; (e) any photograph, film, negative, tape, or other device in which one or more visual images are embodied so as to be capable (with or without the aid of some other equipment) ofbeing reproduced; "International Organisation" means any organisation of States or Governments of States or any organ or agency of any such organisation; and includes the Commonwealth Secretariat; "Member" means, in relation ta an organisation, any person (not being an officer or employee of the organisation) who, whether by election or appointment or otherwise, holds office as a member of the organisation and includes - (a) where the organisation is a company or corporation, a director; and (b) where the organisation is a trust, a trustee; and (c) any temporary, acting, or alternative member of the organisation; "Ministry" includes - (a) a Ministry including a department of the Government of the Cook Islands set out in Schedule 1 to this Act; (b) a Ministry or department established after the coming into force of this Act, whether by statute or decision of the Executive branch of the Government of the Cook Islands unless, in the statute or decision establishing the Ministry or department, it is specifically excluded from the operation of this Act; ''Official information" (a) means any information held by- (i) a Ministry; or (ii) a Minister of the Crown in his or her official capacity; or (iii) an organisation; and , 4 Official Information .,-- --~ .-. -_, ___ (b) includes any information held outside the Cook Islands by any branch or post of - (i) a Ministry; or (ii) an organisation; and (c) in relation to information held by the Ministry of Justice, includes · information held by the Rules Committee established by section 102 of the Judicature Act 1980-81; and (d) in relation to information held by the University of the South Pacifie, includes only information held by - (i) any full-time member of the academic staff of the University in the Cook Islands; or (ii) any other full-time officer or employee of the University in the Cook Islands; or (iii) any examiner, assessor, or moderator in the Cook Islands in any subject or examination taught or conducted by the University in the Cook Islands; but ( e) does not include information contained in - (i) library or museum material made or acquired and preserved solely for reference or exhibition purposes; or (ii) material placed in the National Library by or on behalf of persans other than Ministers of the Crown in their official capacity or Ministries; and (f) does not include information which is held by a Ministry, Minister of the Crown, or organisation solely as an agent or for the sole purpose of safe custody and which is so held on behalf of a persan other than a Ministry or a Minister of the Crown in his or her official capacity or an organisation; and (g) does not include evidence given or submissions made to - (i) a commission ofinquiry appointed by an Order in Executive Council made under the Commissions of Inquiry Act 1966; or (ii) a commission of inquiry or board of inquiry or court of inquiry or committee of inquiry appointed pursuant to, and not by, any provision of an Act to inquire into a specified matter; and (h) does not include information contained in any correspondence or communication which has taken place between the office of the Ombudsman and any Ministry or Minister of the Crown or organisation and which relates to an investigation conducted by an Ombudsman under this Act or under the Ombudsman Act 1984, other than information that came into existence before the commencement ofthat investigation; "Ombudsman" means the Ombudsman holding office under the Ombudsman Act 1984; 2008/02 Official Information "Organisation" means an organisation named in Schedule I to this Act' ànd;"·:• includes any company falling within the classification set out in the said. · Schedule; ··•· ··~ · · "Permanent resident" means a persan who has been granted the status of-a permanent resident pursuant to section 5 of the Entry Residence and Departure Act 1971-72 and includes a persan who bas been granted the status of an honorary resident pursuant to section SA of that Act; "Person" includes a corporation sole, and also a body of persans, whether corporate or unincorporated; "Persona! information" means any official information held about an identifiable persan; "Qualified persan" means - (a) a Cook Islander who is resident in the Cook Islands; (b) a permanent resident who is resident in the Cook Islands; (c) any other natural persan who is resident in the Cook Islands and bas been so resident for not less than 3 years; (d) a body corporate, wherever incorporated, which bas had a place of business in the Cook Islands for not less !han 3 years; "Statutory Officer" means a persan - (a) holding or performing the duties of an office established by any Act; or (b) performing duties expressly conferred on that persan by virtue of bis or ber office by any Act; "Working day" means any day of the week other than- (a) a public holiday as defined in the Public Holidays Act 1999; and (b) a day in the period commencing with the 20th day of December in any year and ending with the 20th day of January in the following year. (2) Where information is held by an unincorporated body (being a board, council, committee, subcommittee, or other body) • (a) which is established for the purpose of assisting or advising, or performing functions connected with, any Ministry or Minister of the Crown or organisation; and (b) which is so established in accordance with the provisions of an Act or by any Ministry or Minister of the Crown or organisation, that information shall, for the purposes ofthis Act, be deemed - (c) in any case where that body is established in respect of any Ministry or organisation, to be information held by that Ministry or organisation; and 6 Official Information (d) i!l__any case where that body is established in respect of a Minister of the Crown, to be information held by that Minister. (3) Where subsection (2) of this section applies in respect of any unincorporated body and that body is established for the purpose of assisting, advising, or performing a function connected with any Ministry or organisation, that unincorporated body shall, for the purposes of this Act, be deemed to be part of that Ministry or organisation. (4) Information held by an officer or employee or member of a Ministry or organisation in his or her capacity as snch an officer or employee or member or in his or her capacity as a statutory officer (other than information which be would not hold but for bis or ber membership of a body other than a Ministry or organisation) shall, for the purposes of this Act, be deemed to be held by the Minîstry or organisation of which he or she is an officer or employee or member. (5) Any information held by an independent contractor engaged by any Ministry or Minister of the Crown or organisation in bis capacity as such contractor shall, for the purposes of this Act, be deemed to be held by the Ministry or Minister of the Crown or organisation. (6) For the avoidance of doubt, it is hereby declared that the terms "Ministry" and "organisation" do not inc1ude - (a) a Court; or (b) in relation to its judicial functions, a Tribunal; or (c) a Commission oflnquiry appointed by an Order in Executive Council made under the Commissions of!nquiry Act 1966; or (d) a Commission of lnquiry or Board of lnquiry or Court of Inquiry or committee of inquiry appointed, pursuant to and not by, any provision of an Act, to inquire into a specified malter.

3. Act to bind the Crown - This Act shall bind the Crown. PARTl PURPOSES AND CRITERIA

4. Purposes - The purposes of this Act are, consistently with the principle of the Executive Government's responsibility to Parliament - (a) to increase the availability of official information to the people of the Cook Islands in order - (i) to enable their more effective participation in the making and administration of laws and poli ci es; and (ii) to promote the accountability of Ministers of the Crown and officiais, and thereby to enhance respect for the law and to promote the good government of the Cook Islands; 2008/02 Official Information . 7 (b) to provide for proper access by each persan to official information relating to that persan; (c) to protect official information to the extent consistent with the public interest and the preservation ofpersonal privacy.

5. Principle of availability - The question whether any official information is to be made available, where that question arises under this Act, shall be determined in accordance with the purposes of this Act and the principle that the. information shall be made available unless there is good reason for withholding it, except where this Act otherwise expressly requires.

6. Conclusive reasons for withholding official information - Good reason for withholding official information exists, for the purpose of section 5 of this Act, if the making available of that information would be likely to - (a) prejudice the security or defence of the Cook Islands or the international relations of the Government of the Cook Islands; or (b) prejudice the entrusting of information to the Government of the Cook Islands on a basis of confidence by - (i) the govemment of any other country or any agency of such a government; or (ii) any international organisation; or (c) prejudice the maintenance of the law, including the prevention, investigation, and detection of offences, and the right to a fair trial; or (d) endanger the safety of any persan; or (e) damage the economy of the Cook Islands by disclosing prematurely decisions to change or continue Governrnent economic or financial policies relating to - (i) the regulation of banking or credit; (ii) taxation; (iii) the stability, control, and adjustrnent of prices of goods and other costs, and rates or wages, salaries, and other incarnes; (iv) the borrowing of money by the Government of the Cook Islands; and (v) the entering into of overseas !rade agreements.

7. Special reasons for withholding official information related to New Zealand - Good reason for withholding information exists for the purpose of section 5 of this Act, if the rnaking available of the information would be likely to prejudice - (a) the security or defence of New Zealand; (b) relations between the Governments of the Cook Islands and of New Zealand; and (c) the international relations of the Government of New Zealand. 8 Official Information

8. Other reasons for withholding officTaffoformation - (!) 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 I 8 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 likèly 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 officiais; (iv) the confidentiality of advice tendered by Ministers of the Crown and officiais; 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 2008/02 Official Information 9 (ii) the protection of such Ministers, members of organisations, officers, and employees from improper pressure or harassment; or (i) maintain legal professional privilege; or G) enable a Minister of the Crown or any Ministry or organisation holding the information to carry out, without prejudice or disadvantage, commercial activities; or (k) 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 - (!) Subject to subsection (2) of this section, the rule of law which authorizes or requires the withholding of any document, or the refusai to answer any question, on the ground that the disclosure of the document or the answering of the question would be injurions 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) ofthis section affects- (a) section 34 ofthis Act; or (b) section 17 ofthe Ombudsman Act 1984. PART2 REOUESTS FORACCESS TO OFFICIAL INFORMATION

11. Reguests - (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. 10 Official Information 2008/02 (2) The offlcial~information requested shall be specified with due particularity in the request. (3) If the persan making the request asks that his request be treated as· urgent, he shall give his reasons for seeking the information urgently.

12. Assistance - !t'is the duty of every Ministry, Minister of the Crown, and organisation to give reasonable assistance to a persan, who - (a) wishes to make a request in accordance with section 11 of this Act; or (b) in making a request under section li of this Act, has not made that request in accordance with that section; or (c) has not made his or her request to the appropriate Ministry or Minister of the Crown or organisation, to make a request in a manner that is in accordance with that section or to direct his or her request to the appropriate Ministry or Minister of the Crown or organisation.

13. Transfer ofrequests - Where- (a) a request in accordance with section 11 of this Act is made to a Ministry or Minister of the Crown or organisation; and (b) the information to which the request relates - (i) is not held by the Ministry or Minister of the Crown or organisation but is believed by the persan dealing with the request to be held by another Ministry or Minister of the Crown or organisation; or (ii) is believed by the persan dealing with the request to be more closely com1ected with the functions of another Ministry or Minister of the Crown or organisation, - the Ministry or Minister of the Crown or organisation to which the request is made shall promptly, and in any case not later than 10 working days after the day on which the request is received, transfer the request to the other Ministry or Minister of the Crown or organisation, and inform the persan making the request accordingly.

14. Decisions on requests - (1) Subject to this Act, the Ministry or Minister of the Crown or organisation to whom a request is made in accordance with section 11 or is transferred in accordance with section 13 of this Act shall, as soon as reasonably practicable, and in any case not later than 20 working days after the day on which the request is received by that Ministry or Minister of the Crown or organisation, - (a) decide whether the request is to be granted and, if it is to be granted, in what manner and for what charge (if any); and (b) give or post to the persan who made the request, notice of the decision on the request. (2) Every Ministry or Minister of the Crown or organisation (including an organisation whose activities are funded in whole or in part by another persan) may charge for the supply of official information under this Act. 2008/02 Official Information (3) Any charge fixed shall be reasonable and regard may be had to the __ - cost of the labour and materials involved in making the information available to, and to any __ ---- costs incurred pursuant to, a request of the applicant to make the information available urgently. (4) The Miiüstry or Minister of the Crown or organisation may require that the whole or part of any charge be paid in advance. (5) Where a request in accordance with section 11 ofthis Act is made or transferred to a Ministry, the decision on that request shall be made by the permanent head of that Ministry or an officer or employee of that Ministry authorized by that permanent head unless that request is transferred in accordance with section 13 of this Act to another Ministry or to a Minister of the Crown or to an organisation. (6) Notlüng in subsection (5) of this section prevents the permanent head of a Ministry or any officer or employée of a Ministry from consulting a Minister of the Crown or any other person in relation to the decision that the permanent head or officer or employee proposes to make on any request made to the Ministry in accordance with section 11 of this Act or transferred to the Ministry in accordance with section 13 of this Act.

15. Extension of time limits - (!) Where a request in accordance with section 11 of this Act is made or transferred to a Ministry or Minister of the Crown or organisation, the permanent head or that Minister of the Crown or that organisation may extend the time limit set out in section 13 or section 14(1) of this Act in respect of the requests if - (a) the request is for a large quantity of official information or necessitates a search through a large quantity of infonnation and meeting the original time limit would unreasonably interfere with the operations of the Ministry or the Minister of the Crown or the orgaiüsation; or (b) consultations necessary to make a decision on the request are such that a proper response to the request cannot reasonably be made within the original time linüt. (2) Any extension under subsection (!) of this section shall be for a reasonable period of time having regard to the circumstances. (3) The extension shall be effected by giving or posting notice of the extension to the persan who made the request within 20 working days after the day on which the request is received. (4) The notice effectingthe extension shall- (a) specify the period of the extension; and (b) give the reasons for the extension; and (c) state that the person who made the request for the official information has the right, under section 30(3) of this Act, to make a complaint to an Ombudsman about the extension; and ( d) contain such other information as is necessary. 12 Official Information· 2008/02

16. Documents - (! LWhere the information requested by any persan is comprised in a document, that infom1ation may be made available in one or more of the following ways • (a) by giving the persan a reasonable opportunity to inspect and copy the document; or (b) by providing the persan with a copy of the document; or (c) in the case of a document that is an article or thing from which sounds or visual images are capable of being reproduced, by making arrangements for the persan to hear or view those sounds or visual images; or (d) in the case of a document by which words are recorded in a manner in which they are capable of being reproduced in the form of sound or in which words are contained in the form of shorthand writing or in codified form, by providing the person with a written ttanscript of the words recorded or contained in the document; or (e) by giving an excerpt or summary of the contents; or (f) by furnishing oral information about its contents. (2) Subject to section 17 of this Act, the Ministry or Minister of the Crown or organisation shall make the information available in either way preferred by the persan requesting it unless to do so would- (a) impair efficient administration; or (b) be contrary to any legal duty of the Ministry or Minister of the Crown or organisation in respect of the document; or (c) prejudice the interests protected by section 6 or section 7 or section 8 of this Act and (in the case of the interests protected by section 8 of this Act) there is no countervailing public interest. (3) Where the information is not provided in the way preferred by the persan requesting it, the Ministry or Minister of the Crown or organisation shall, subject to section 9 of this Act, give to that persan in writing - (a) the reason for not providing the information in that way; and (b) if that person so requests, the grounds in support ofthat reason, unless the giving ofthose grounds would itself prejudice the interests protected by section 6 or 7 or section 8 ofthis Act and (in the case of the interests protected by section 8 ofthis Act) there is no countervailing public interest.

17. Deletion of information from documents - (1) Where the information requested is comprised in a document and there is a good reason for withholding some of the information contained in that document, the other information in that document may be made avaitable by making a copy of that document available with such deletions or alterations as are necessary. 2008/02 Official Information 13 (2) Where a copy of a document is made available under subsection (!) of this section, the Ministry or Minister of the Crown or organisation shall, subject to section 9 of this Act, give to the applicant in writing - (a) the reason for withholding the information; and· (b) if the applicant so requests, the grounds in support of that reason, unless the giving of those grounds would itself prejudice the interests protected by section 6 or section 7 or seètion 8 of this Act and (in the case of the interests protected by section 8 of this Act) there is no countervailing public interest.

18. Refusa! ofreguests -A request made in accordance with section 11 ofthis Act may be refused only for one or more of the following reasons, namely - (a) that, byvirtue of section 6 or section 7 or section 8 ofthis Act, there is good reason for withholding the information; (b) that, by virtue of section 9 ofthis Act, the Ministry or Minister of the Crown or organisation does not confirm or deny the existence or non-existence of the information requested; ( c) that the mak:ing available of the information requested would- (i) be contrary to the provisions of any Act; or (ii) constitute contempt of Court or of Parliarnent; (d) that the information requested is or will soon be publicly avai!ab!e; (e) that the document alleged to contain the information requested does not exist or cannot be found; (f) that the information requested cannot be made available without substantial collation or research; (g) that the information requested is not held by the Ministry or Minister of the Crown or organisation and the person dealing with the request has no grounds for believing that the information is either - (i) he!d by another Ministry or Minister of the Crown or organisation; or (ii) connected more closely with the functions of another Ministry or Minister of the Crown or organisation; (h) that the request is frivo]ous or vexatious or that the information requested is trivial.

19. Requests involving substantia! collation or research - (1) ln deciding whether to refuse a request under section 18(1), the Ministry, Minister of the Crown, or organisation must consider whether doing either or both of the fo!lowing would enable the request to be granted - (a) fixing a charge under section 14; (b) extending the time limit under section 15. 14 Official Information 2008/02 (2_)~- For the purposes of refusing a request under section-!&{!), the Ministry, Minister of the Crown, or organisation may treat as a single request 2 or more requests from the same persan - (a) that are about the same subject malter or about similar subject matters; and (b) that are received simultaneously or in short succession.

20. Duty to consider consulting persan if request likely to be refused under section 18(e) or /f) - If a request.is likely to be refused under section 18(e) or(!), the Ministry, Minister of the Crow11, or organisation must, before that request is refused, consider whether consulting with the persan who made the request would assist that person to make the request in a fmm that would remove the reason for the refusai.

21. Reason for refusai to be given - Where a request made in accordance with section 11 of this Act is refused, the Ministry or Minister of the Crown or organisation, shall, - (a) subject to section 9 of this Act, give to the applicant in writing- (i) the reason for its refusai; and (ii) if the applicant so requests, the grounds in support of that reason, unless the giving of th ose grounds would itself prejudice the interests protected by section 6 or section 7 or section 8 of this Act and (in the case of the interests protected by section 8 ofthis Act) there is no countervailing public interest; and (b) give to the applicant information conceming the applicant's right, by way of complaint under section 30 of this Act to the Ombudsman, to seek an investigation and review of the refusai. PART3 PUBLICATION OF, AND ACCESS TO, CERTAIN DOCUMENTS AND INFORMATION

22. Publication setting out fonctions of Ministries and organisations - (1) The Office of the Prime Minister shall cause to be published, not later than the I I th February 2009, a publication that includes in respect of each Ministry and each organisation, - (a) a description of its structure, fonctions, and responsibilities including those of any of its statutory officers or advisory committees; and (b) a general description of the categories of documents held by it; and 2008/02 Official Information 15 (c) a description of all manuals, and similar type,s-:-oTdocuments which contain policies, principles, rules, or-guidelines in accordance with which decisions or recommendations are made in respect of any persan or body of persans in his or her or its persona! capacity; and (d) a statement of any information that needs to be available to members of the public who wish to obtain official information from the Ministry or organisation, which statement shall include particulars of the officer or officers to whom requests for official information or particular classes of information should be sent. (2) The Office of the Prime Minister shall, at intervals of not more than 2 years, bring the material contained in the publication published under subsection (1) of this section up to date either by publishing a new edition of that publication or by publishing supplementary material. (3) ln complying with subsection (2), the Office of the Prime Minister may publish a new edition or supplementary material on an internet website and in an electronic form that is publicly accessible at ail reasonable times, so long as the Office also publishes that edition or material in any other manner and form that is necessary in light of the need specified in subsection (5). (4) Each Ministry and each organisation shall assis! the Office of the Prime Minister to comply with subsections (1) and (2) of this section and shall supply to that Office such information as it requires for the purposes of those subsections. (5) In complying with subsection (1) and (2) ofthis section, the Office of the Prime Minister shall have regard, among other things, to the need to assis! members of the public to obtain official information and to effectively exercise their rights under this Act. (6) Where there is good reason under section 6 or section 7 or section 8 (2)(b) of this Act for withholding official information, nothing in this section requires the publication ofthat official information.

23. Right of access to certain official information - (!) Every persan has a right to and shall, on request made under this subsection, be given access to the latest edition of the publication published under section 22 of this Act and to any published supplementary material bringing that edition up-to-date. (2) Every qualified persan has a right to and shall, on request made under this subsection, be given access to any category of official information that is declared by regulations made under this Act to be a category of official information in ''i respect of which a right of access exists. f (3) The giving of access to any official information to which subsection (2) of this section applies shall be subject to the provisions of any regulations made under thisAct. 16 Official Information 2008/02 24,~ Right of access to internai mies affecting decisions ::::~(IfSübj~cÙo section 6 (a) to (d};section 7, section 8 (2) (a), (b), (c), G), and (k), and section 9 ofthis Act and to subsections (2) and (6) of this section, every qualified person has a right to and shall, on request made under this section, be given access to any document (including a mannal) which is held by a Ministry or Minister of the Crown or organisation and which contains policies, · principles, mies, or guidelines in accordance with which decisions or recommendations are made in respect of any person or body of persons in his or its persona! capacity. (2) Section 11(2) and (3), 12 to 15, and 21 ofthis Act shall apply with ail necessary modifications, to a request made under subsection (1) ofthis section. (3) Where, by virtue of any of the provisions of section 6(a) to (d), section 7, section 8 (2)(a), (b), (c), (i) and G) of this Act, there is a good reason for withholding some of the information contained in a document to which subsection (1) of this section relates, the Ministry or Minister of the Crown or organisation shall, unless it is impracticable to do so, either - (a) make a copy of that document available with such deletions or alterations as are necessary; (b) provide another document stating the substance and effect of the document except as it relates to the information withheld. (4) Where a document is made available under subsection (3) of this section, the Ministry or Minister of the Crown or organisation shall, subject to section 9 of this Act, give to the applicant - (a) the reason for withholding the information; and (b) if the applicant so requests, the grounds in support of that reason, unless the giving of those grounds would itself prejudice the interests protected by section 6(a) to (d) or section 7 or section 8(2)(a), (b), (c), (i) or G) ofthis Act and (in the case of the interests protected by section 8(2)(a), (b), (c), (i) or G) of this Act) there is no countervailing public interest.

25. Rfaht of access by person to reasons for decisions affecting that person (1) Subject to section 6(a) to (d), section 7, section 8(2)(b) and 9 of this Act and to subsections (2), (4) and (5) of this section where a Ministry or Minister of the Crown or organisation makes, on or after the date of coming into force of this Act a decision or recommendation in respect of any qualified person being a decision or recommendation in respect of that qualified person in his or its persona! capacity, that qualified person has the right to and shall, on request made within a reasonable lime of the making of the decision or recommendation, be given a written statement of - (a) the findings on material issues offact; and (b) subject to subsection (2) of this section, a reference to the information on which the findings were based; and (c) the reasons for the decision or recommendation. Official Information 17 , (2) A reference to the informatio~ on ,whi~h 'any findings were based '·d not be given under subsection l(b) ofthis section if- et (a) the disclosure of the information or of information identifying the persan who supplied it, being evaluative material, would breach an express or implied promise - (i) which was made to the persan who supplied the information; and (ii) which was to the effect that the information or the identity of the person who supplied it or bath would be held in confidence; or (b) after consultation undertaken (where practicable) by or on behalf of the Ministry or Minister of the Crown or organisation with a natural person's medical practitioner, the Ministry or Minister of the Crown or organisation is " satisfied that - (i) the infonnation relates to that person; and (ii) the disclosure of the information (being information that relates to the physical or mental health of the persan making the request under this section) would be Iikely to prejudice the physical or mental health of that person; or (c) in the case of a natural persan under the age of 18, the disclosure of that information would be contrary to that person's interests; or (d) the disclosure of that information (being information in respect of a persan who has been convicted of an offence or is or bas been detained in custody) would be likely to prejudice the safe custody or the rehabilitation of that persan, (3) For the purposes of subsection (2) of this section, the term "evaluative material" means evaluative or opinion material compiled solely - (a) for the purpose of determining the suitability, eligibility, or qualifications of the persan to whom the material relates - (i) for employment or for appointment to office; or (ii) for promotion in employment or office or for continuation in employment or office; or (iii) for removal from employment or office; or (iv) for the awarding of contracts, awards, scholarships, honours, or other benefits; or (b) for the purpose of determining whether any contract, award, scholarship, honour, or benefit should be continued, modified, or cancelled; or (c) for the purpose of deciding whether to insure any persan or property or to continue or renew the insurance of any person or property. 18 Official Information 2008/02 (4) Sections 11(3), 12 to 15 and 21,oHhi&'Act shall apply, with al\ _ __11ecessary modifications, to arequest made under subsection"(l) ofthis section. (5) Nothing in this section entitles any person to obtain a written -statement of ad vice given to the Sovereign or Her representative. (6) In subsection (2)(b), medical practitioner means a health practitioner who is registered with the Medical Council of the Cook Islands as a medical practitioner \ pursuant to the provisions of the Medical and Dental Practices Act 1976. PART4 RIGHT OF ACCESS TO PERSONAL INFORMATION \

26. Right ofaccess to persona\ information-(!) Subject to this Partofthis Act, to sections 9 and 52 of this Act, and to subsection (2) of this section, every person has a right to and shall, on request, be given access to any persona\ information which - (a) is about that person; or (b) is about a chi Id of that persan or a child who is un der the legal guardianship ofthat persan; or (c) is about someone who is under disability and for whom that person has been appointed a trustee pursuant to Part XVII of the Cook Islands Act 1915; and (d) is held in such a way that it can readily be retrieved. (2) The right conferred by subsection (1) of this section may be exercised only by a qualified person. (3) Sections 11(3), 12 to 17, and 21 ofthis Act shall apply, with al! necessary modification, to a request made under subsection (1) of this section. (4) Where any person is given access to persona! information under this section, that persan shall be advised of that person's right, under section 28 ofthis Act, to req uest the correction of that information. (5) Nothing in this section requires, or imposes any responsibility on, any Ministry or Minister of the Crown or organisation to compile files or data banks of persona! infonnation. (6) ln this section and in section 27, "child" means a person under the age of 18 years.

27. Precautions - Where a request is made under section 26(1) ofthis Act, the Ministry or Minister of the Crown or organisation - (a) shall not give access to that information unless it or he or she is satisfied conceming the identity of the person making the request; and (b) shall ensure, by the adoption of appropriate procedures, that information intended for a person is received - (i) only by that persan; or (ii) where the request is made by an agent, parent, guardian or trustee of the persan, only by that agent, parent, guardian or trustee; and 2008/02 Official Information --- · 19 .,_ -- _-_ ·', . . --- - (c) shall ensure that, where the request is made by an agent of the person, the agent has the written authority of that person to obtain the information or is otherwise properly authorised by that person to obtain the information; ( d) shall ensure that, where the request is made by a legal guardian of the person, the guardian has been appointed as such by a Court of competent jurisdiction and that the order remains in effect; (e) shall ensure that, where the request is made by a trustee of the person, the trustee has been appointed as such by the High Court and that the order remains in effect.

28. Correction of information - (1) Every person who is given access under section 26(1) of this Act to persona! information may, by letter addressed to the Ministry or Minister of the Crown or organisation, - (a) request correction of the persona! information where the person believes that the information - (i) is inaccurate; or (ii) is incomplete and gives a misleading impression; and (b) require that a notation be attached to the information indicating the nature of any correction requested but not made. (2) Where a Ministry or Minister of the Crown or organisation receives a letter pursuant to subsection (1) of this section, it or he or she shall inform the persan by whom or by which the letter was sent of the action taken by the Ministry or Minister of the Crown or organisation as a result of the letter.

29. Reasons for refusai ofreguest for persona! information - (1) A Ministry or Minister of the Crown or organisation may refuse to disclose any persona! information requested under section 26(1) ofthis Act if, and only if, - (a) the disclosure of the information would be likely to prejudice any of the interests protected by section 6(a) to (d) or section 7 or section 8(2)(b) of this Act and (in the case of the interests protected by section 8(2)(b) of this Act) there is no countervailing public interest; or (b) the disclosure of the information would involve the unwarranted disclosure of the affairs of another person or of a deceased person; or (c) the disclosure of the information or of information identifying the person who supplied it, being evaluative material, would breach an express or implied promise - (i) which was made to the person who supplied the information; and (ii) which was to the effect that the information or the identity of the person who supplied it or both would be held in confidence; or Official lnforin~tion r - (2) (d) (e) the , disclosure . l . of . the 1n,orma pro ,ess10na pnv1 1ege; or the request is frivolous reques ted .is tr'1v1'al . No reasons other than one or •, ~. t' ._:,.:-;;;.;li,,.~---•-;:· ton would breach legal t' us or the information or vexa 10 , f the reasons set out in . . . 'fi fi l •uore o . subsection (1) of th1s section JUStl tes a re usa to dis 1 any persona! information requested under section 26(1) of this Act. c ose (3)_. ,, For the purp?ses of ~?section (\)(c) of this section, the term "evaluative matenal means evaluattve or op1mon material compiled solely , . .. (a) for the purposes of deterrnilli the suitability, elig1b1hty, or qualifications of the person 1;g hom the materia! relates for the awarding of contracts, awar~s or other benefits; or (b) for the purpose of deterrnilling whether any contract, award, ~r benefit should bfedco~t!nued, rnodified, or cancelled; or (c) ,or the pu11,ose o . emd1ng Whether to insure any person or property or to contmue or renew the insurance of any person or property. PARTS REVIEW OF DEClSIO~ Divisûm 1 Decisions under Part 2 and section 9 of titis Act

30. Functions of Ombudsman • (1) It shall be a fun.ction of the Ombuds1nan to investigate and review any decision by which a Ministry or Minister of the Crown or organisation - (a) refuses to make official inforrnation available to any person in response to a request made by that person in accordance with section 11 of this Act; or (b) decides, in accordance with section 16 or section 17 of this Act, in what manneror, in accorda:tice with section 14 ofthis Act, for what charge a request l'lclade in accordance with section 11 of this Act is to be grantect· or (c) imposes conditions on the Use' communication, or publication of information made a~ailable pursuant to a request made in accordance with section 11 of this Act; or (d) gives a notice under section 9 of this Act. (2) lt shall be a function of the Ombudsman to investigate and review any decision by which the permanent head of a Mi~i~try or an officer or an ernploy':e o_f a Miinistry authorised by its permanent head ~r a Mm1ster of the Crown or an orgamsat1on extends any time litnit under sect10n 15 ofth1s Act, Official Information 21 (3) An investigation and review under subsection (1) or subsectiot(îf ···· •Y be made by the Ombudsman only on complaint being made to the Ombudsman in _..,riting. (4) If, in relation to any request made in accordance with section li of this Act, any Ministry or Minister of the Crown or organisation fails within the time limit f' fixed by section 14(1) ofthis Act (or, where that time limit has been extended under this Act, within that lime limitas so extended) to comply with paragraph (a) or paragraph (b) of section 14(1) of this Act, that failure shall be deemed, for the purposes of subsection (!) of this section, to be a refusai to make available the official information to which the request relates. (5) Undue delay in making official information available in response to a reqnest for that information, shall be deemed, for the purposes of subsection (1) of this section, to be a refusai to make that information available.

31. Application of Ombudsman Act 1984 ,.- (!) Exceptas otherwise provided by this Act, the provisions of the Ombudsman Act 1984 shall apply in respect of investigations and other proceedings carried out under this Part of this Act in respect of decisions under Part 2 or section 9 of this Act as if they were investigations canied out under the Ombudsman Act 1984. (2) Nothing in sections li and 22 of the Ombudsman Act 1984 shall apply in relation to any function or power conferred on the Ombudsman by this Act or in relation to any proceeding, decision, recommendation, or act of the Ombudsman under this Act.

32. Reguirement of Ombudsman to be complied with within certain period - (1) Subject to this section, where, during the course of an investigation under section 30 of this Act, of any decision of any Ministry or Minister of the Crown or organisation, the Ombudsman, pursuant to any power conferred on the Ombudsman by section 16 of the Ombudsman Act 1984, requires that Ministry or Minister of the Crown or organisation to furnish or produce to the Ombudsman any information or document or paper or thing which relates to that investigation, that Ministry, Minister of the Crown, or organisation shall, as soon as reasonably practicable, and in no case later !han 20 working days after the day on which that requirement is received by that Ministry or Minister of the Crown or organisation, comply with that requirement. (2) Where any requirement to which subsection (1) of this section applies is made to any Ministry or Minister of the Crown or organisation, the permanent head of that Ministry or an officer or employee of that Ministry authorised by that permanent head or that Minister of the Crown or that organisation may extend the time limit set out in subsection (!) ofthis section in respect ofthat requirement if.- (a) the requirement relates to, or necessitates a search lhrough, a large quantity of information or a large number of documents or papers or things, and meeting the original time limit would unreasonably interfere with the operations of the Ministry or the Minister of the Crown or the organisation; or 22 Official Information 2008/02 (b) consultations necessary be fore the requirement can be complied with are such that the requirement cannai reasonably be complied with within the original lime limit; (c) !(le complexity of the issues raised by the requirement are such that that requirement cannai reasonably be complied with within the original time limit. \ (3) Any extension under subsection (2) of this section shall be for a re~onable period of time having regard ta the circumstances. (4) The extension shall be effected by giving or posting notice of the exténsion ta the Ombudsman within 20 working days after the day on which the requirement is received. · (5) The notice effecting the extension sha!l - (a) specify the period of the extension; and (b) give the reasons for the extension; and (c) contain such other information as is necessary. (6) Ifany Ministry or Minister of the Crown or organisation fails, within the time limit fixed by subsection (1) of this section (or, where that lime limit has been extended under subsection (2) of this section, within that lime limit as sa extended) ta comply with any requirement ta which subsection (1) of this section applies, the Orrj.budsman may report such failure to the Prime Minister, and may thereafter make such repbrt through the Speaker to Parliarnent on the matter as the Ombudsman thinks fit. / (7) Notwithstanding anything in this section, the Ombudsman shall not, in ~y report made under subsection (6) of this section, make any comment that is adverse to f'Y person unless the person has first been given an opportunity to be heard. ' 33. Procedure after investigation - (1) Where, after making an investigation of a co plaint made under section 30 of this Act, an Ombudsman is of the opinion - (a) that the request made in accordance with section li of this Act should not have been refused; or (b) that the decision complained of is unreasonable or wrong or is otherwise a decision to which subsection (1) or subsection (2) of section 19 of the Ombudsman Act 1984 applies, - th Ombudsman shall, subject to subsection (3) ofthis section, (c) report his or her opinion and his or her reasons therefore to the appropriate Ministry or Minister of the Crown or organisation; and (d) subject ta section 34 of this Act, make such recommendation as he thinks fit; and (e) give to the complainant- (i) a copy ofhis or her recommendations (if any); and (ii) such other information as he or she thinks proper. (2) The Ombudsman shall also send a copy of his or her report and re ommendations ta such Minister of the Crown as he or she considers appropriate. Official Information 23 ., (3) Notwithstanding anything in this section, the Ofnbùdsrrtan shall not, ,"y -report made under this section, make any comment that is adverse to any person -ess the person has been given an opportunity to be heard. (4) Except as provided in subsection (1) of this section, nothing in ·'section 19 of the Ombudsman Act 1984 shall apply in respect of a decision that may be 0 investigated and reviewed under section 30(1) or section 30(2) of this Act

34. Disclosure of certain information not to be recommended - Where, (a) the Prime Minister certifies that the making available of any information would be likely to prejudice - (i) the security or defence of the Cook Islands or the international relations of the Government of the Cook Islands; or (ii) any interest protected by section 7 ofthis Act; or (b) the Attorney,General acting after consultation with the Solicitor,General certifies that the making available of any information would be Iikely to prejudice the prevention, investigation, or detection of offences, the Ombudsman shall not recommend that the information be made available, but may recommend that the making available of the information be given further consideration by the appropriate Ministry or Minister of the Crown or organisation.

35. Recommendations made to the Ministry or Minister of the Crown or organisation - (1) Where a recommendation is made under section 33(1) ofthis Act to a Ministry or to an organisation named in Schedule 1 , (a) a public duty to observe that recommendation shall be imposed on that Ministry or organisation from the commencement of the twenty,first working day after the day on which that recommendation is made to the Ministry or organisation unless, before that day, the Queen's Representative by Order in Executive Council, otherwise directs; and (b) the public duty imposed by paragraph (a) of this subsection shall be imposed not only on the Ministry or organisation itself but also on - (i) the members of the organisation and its governing body (if any); and (ii) every officer and employee of that Ministry or organisation to whom that recommendation is applicable; and (iii) every body within that Ministry or organisation to whom that recommendation is applicable; and (iv) every statutory officer to whom that recommendation is applicable. 24 Official Information 2008/02 (2) Where a recommendation is made un der section 33(1) of this Act to a Minister~f the Crown, a public duty ta observe that recommendation shall be imposed on that Minister from the commencement of the twenty-ftrst working day after the day on which that recommendation is made to that Minister unless, before that day, the Queen's Representative by Ortler in Council, otherwise directs. (3) As soon as practicable after an Order in Executive Conncil is made under this section, the Minister who recormnended the making of that Order in Council shall give a copy of that Ortler ta the Ombudsman who made the recommendation. (4) Nothing in this section prevents effect being given to any interim order made by the High Court or to any declaration contained in any such interim order.

36. Reguirements in relation to Order in Executive Council - (!) Every Order in Executive Council made under section 35 ofthis Act shall forthwith after it is made be published in the Gazette and shall be laid before Parliament as soon as practicable after it is made. (2) Every Ortler in Executive Council made under section 3 5 of this Act shall set out the reasons for which it is made and the grounds in support of those reasons. (3) An Order in Executive Council made under section 35 ofthis Act in relation to a recommendation made under section 33(1) ofthis Act may be made for ail or any of the reasons for the decision reviewed by the Ombudsman (being reasons that were before the Ombudsman when the recommendation was made) but for no other reasons.

37. Rightofreview - (!) Where- (a) a recommendation is made under section 33(1) ofthis Act in respect of a request made under section 11 of this Act; and (b) an Order in Executive Council is made under section 3 5 of this Act in respect of that recommendation, the persan who made that request may within 21 days of the publication of the Ortler in the Gazette apply to the High Court for a review of the making of that Order in Executive Council. (2) An application under subsection (1) of this section may be made only on the ground that the Order in Executive Council was beyond the powers conferred by sections 35 and 36 ofthis Act or was otherwise wrong in law. (3) On an application under subsection (1) of this section, the High Court may- (a) make an order confirming that the Ortler in Council laws were va!id!y made; or (b) make an order declaring that the making of the Order in Council was beyond the powers conferred by sections 35 and 36 of this Act or was otherwise wrong in law. Official Information 25 Appeals - Any party to an application U11der sectiorr37 of this Act who is satisfied with any final or interlocutory order in respect of the application may appeal to ·• Court of Appeal and Part li of the Judicature Act 1980-81 sha!I apply to any such ;appeal.

39. Complainant to be informed of result of investigation - The Ombudsman after investigating a complaint made for the purposes of section 30(3) of this Act shall inform the complainapt, in such manner and at such lime as he or she thinks proper, of the result of the investigation.

40. Restriction on application for review - Where any persan makes a request under this Act that official information be made available to him or ber and a decision to which section 30(1) or section 30(2) ofthis Act applies is made in relation to that request, that persan shall not commence any proceedings in which that decision is sought to be challenged, quashed, or cal!ed in question in any Court, unless a complaint made by that persan in respect ofthat decision has first been detennined under this Part ofthis Act. Division 2 Decisions under Part 3 and Part 4 ofthis Act

41. Application of Ombudsman Act 1984 - (!) lt shall be a function of the Ombudsman to investigate, pursuant to the Ombudsman Act 1984, any decision made U11der Part 3 or Part 4 of this Act - (a) including any such decision made by- (i) a Minister of the Crown; or (ii) an organisation named in Schedule 1 to this Act; but (b) not including a decision made under section 9 this Act in relation to a request made under Part 3 or Part 4 ofthis Act. (2) The provisions of section 32 of this Act, so far as they are applicable and with the necessary modifications, shall apply in respect of any requirement, made by any Ombudsman in the course of any investigation conducted pursuant to subsection (]) of this section, whereby the Ombudsman, pursuant to any power conferred on that Ombudsman by section 16 of the Ombudsman Act I 984 requires any Ministry or Minister of the Crown or organisation to furnish or produce to that Ombudsman any information or document or paper or thing which relates to that investigation. (3) Where the Ombudsman, after making his or her investigation, forms an opinion of the kind described in subsection (1) or subsection (2) or subsection (3) of section 19 of the Ombudsman Act 1984 he or she shall, subject to subsection (7) of this section, report his or her opinion to the appropriate Ministry or Minister of the Crown or organisation, and may make such recommendations as he or she thinks fit in accordance with section 19(3) of the Ombudsman Act 1984. (4) Where a report is made under subsection (3) of this section to a Minister of the Crown, the Ombudsman shall request the Minister of the Crown to notify the Ombudsman, within a specified time, of the steps (if any) that the Minister proposes to take to give effect to the Ombudsman's recommendations. 26 Official Information c_-_.:.-.·s,--_. 2008/02 (S) If, within a reasonable tirne after the report is·made under section 19(3) of the Ombudsman Act 1984 (as applied by subsection (3) of this section), no action is taken which seems ta an Ombudsman ta be adequate and appropriate, the Ombudsman, in bis or ber discretion, after considering the comments (if any) made by or on behalf of any Ministry or Minister of tbe Crown or organisation affected, may send a copy of the report· and recommendations ta the Prime Minister, and may thereafter make such report ta Parliament on the malter as he or she thinks fit (6) The Ombudsman shall attach ta every report sent or made under subsection (5) ofthis section a copy of any comment, made by or on behalf of the Ministry or Minister of the Crown or organisation affected. (7) Notwithstanding anything in this section, an Ombudsman shall not, in any report made under this section, make any comment that is adverse to any persan unless the person bas first been given an opporiunity ta be heard. (8) If, in relation ta any request for official information made under Part 3 or Part 4 of this Act, any Ministry or Minister of the Crown or organisation fai!s within the time limit fixed by section 14(1) of this Act (or, where that time limit has been extended under this Act, within that time limit as sa extended) ta comply with paragraph (a) or paragraph (b) ofsubsection 14(1) of this Act, that failure shall be deemed, for the purposes of subsection (1) of this section, ta be a decision made under Part 3 or Part 4 of this Act. (9) Undue delay in giving any persan access ta official information in response ta a request under Part 3 or Part 4 of this Act for access ta that information shall be deemed, for the purposes of subsection (1) of this section, ta be a decision made under Part 3 or Part 4 ofthis Act.

42. Saving in respect of Ombudsman Act 1984 - Except as express!y provided in this Act, nothing in this Act shall derogate from or limit the functions of the Ombudsman under the Ombudsman Act 1984. PART6 REVIEW BY INDEPENDENT CONSULTANT

43. Appointment of independent consultant - (1) The Prime Minister, acting with the concurrence of Cabinet, shall no! later than the 31 st December 201 land may from lime ta time thereafter (but not more frequently than every three years) appoint an independent persan or persans (in subsection (2) of this section and in sections 44 and 45 referred ta as the independent consultant) ta carry out the functions set out in sections 44 and 45 of this Act, such appointment ta be upon such terms and conditions including as to remuneration as shall be determined by Cabinet. (2) The independent consultant shall prepare a report on the matters referred ta in sections 44 and 45, such report to be presented to the Prime Minister. (3) The Prime Minister shall make copies of the independent consultant' s report publicly available immediately following receipt, and shall table the same in Parliament forthwith if Parliament is in session and if Parliament is not in session, shall table the report forthwith al the commencement of the next ensuing session. Official Information

44. Functions and powers of independent consultant - (!) The principal · fonctions of the independent consultant appointed pursuant to section 43 shall be - (a) to review, as a first priority, the protection accorded to official information by any Act with a view to seeing whether that protection is both reasonable and compatible with the purposes of this Act; (b) to define and review categories of official information with a view to enlarging the categorie~ of official informatio11 to which access is given as a malter of right; (c) to recommend the making of regulations prescribing - (i) categories of official information to which access is given as a malter ofright; and (ii) such conditions (if any) as it considers appropriate in relation to the giving of access to any category of official information. (2) The independent consultant shall also have the following functions - (a) to keep under review the working of this Act and the manner in which- (i) access is being given to official information; and (ii) official information is being supplied; (b) to recommend to any Ministry or Minister of the Crown or organisation that that Ministry or Minister of the Crown or organisation make changes in the manner in which it or he gives access to, or supplies, official information or any category of official information; (c) to receive and invite representations from members of the public, and from Ministers of the Crown, Ministries and organisations, in relation to any malter affecting access to or the supply of official information; ( d) to inquire into and report on the question whether this Act should be extended to caver information held by bodies other than Ministries, Ministers of the Crown, and organisations; (e) to inquire generally into and report on any malter, including any law, or any practice or procedure, affecting access to or the supply or presentation of official information. (3) The independent consultant shall also have such other fonctions as are conferred on him or her by this Act or by any regulations made under this Act. (4) The independent consultant shall also have such other fonctions as are reasonably necessary or expedient to enable him or her to carry out his or her fonctions including power - (a) to seek advice from the Ombudsman; (b) to consul! with and to receive reports from Ministries and organisations on the problems encountered by Ministries and organisations in the administration ofthis Act; (c) to publish information relating to the access to or the supply of official information. - 28 Official Information 2008/02 (5) The independent consultant is hdl empowered - (a) to investigate any decision in respect of which a complaint may be made under Part 5 ofthis Act; or (b) to inquire into any investigation conducted by the Ombudsman; but, the fact that any such complaint has been made or that any such investigation has been undei1aken shall not limit or affect the power of the independent consultant to carry out the kind of inquiry permitted by this section or section 45 of this Act.

45. Functions in respect of personal information - The independent consultant shall have the following functions in respect of personal information - (a) to keep under review, and make recommendation on - (i) the means and procedures by which persans may find out what personal information relating ta them is held by any Ministry or Minister of the Crown or organisation; and (ii) the steps to be taken both by a persan and by a Ministry or Minister of the Crown or organisation where personal information relating ta that person and held by that Ministry or Minister of the Crown or organisation is believed by the person to be incorrect: (b) ta examine any existing or proposed powers of a Ministry or organisation to require persans ta supply information about themselves or any other persan and to express its view on whether those powers are fair and reasonable: (c) ta inquire whether personal information held by any Ministry or organisation is being used for purposes other than those for which it was acquired and, if it considers that any such information is being so used, to express a view on whether such use of the information is proper; (d) ta recommend means and procedures to prevent the improper use of the persona! information held by any Ministry or organisation. PART7 MISCELLANEOUS PROVISIONS

46. Assistance of Crown Law Office - For the purposes of ensuring compliance with this Act, the Crown Law Office shall advise and assis! any Ministry or organisation.

47. Regulations - The Queen's Representative may from lime ta lime, by Order in Executive Conncil, make regulations for ail or any of the following purposes - (a) prescribing forms of applications and other documents required for the purposes of this Act, or authorizing any persan to prescribe or approve such forms; Official Information 29 (b) providing the procedure for the service of notices and documents under this Act; (c) prescribing reasonable charges or scales of reasonable charges for the purposes ofthis Act; (d) providing for such rnatters as are contemplated by or necessary for giving full effect to this Act and for its due administration.

48. Protection against certain actions - (1) Where any official information is made available in good faith pursuant to this Act - (a) no proceedings, civil or criminal, shall lie against the Crown or any other person in respect of the making available of that information, or for any consequences that follow from the making available of that information; and (b) no proceedings, civil or criminal, in respect of any publication involved in, or resulting from, the making available of that information shall lie against the author of the information or any other person by reason of !bat author or other person having supplied the information to a Ministry or Minister of the Crown or organisation. (2) The making available of, or the giving access to, any official information in consequence of a request made under this Act shall not be taken, for the purposes of the !aw relating to defamaiion or breach of confidence or infringement of copyright, to constitute· an authorization or approval of the publication of the document or of its contents by the person to whom the information is made available or the access is given.

49. Power to amend Schedule 1 by Order in Executive Council - Where any Ministry or organisation named in Schedule 1 of this Act is aboli shed or any new Ministry or organisation is established, or its name is altered, the Queen's Representative rnay by Order in Executive Council, make such amendments to that Schedule as may be necessary ta give effect to the abolition, establishment, or alteration.

50. Conseguential amendment - The Race Relations Act 1972 is arnended in the manner indicated in Schedule 2 of this Act. 51 Repeal - The Official Secrets Act 1951 is repealed.

52. Savings - (1) Nothing in this Act authorises or permits the making available of any official information if the making avai!able of that information would constitute contempt of Court or of Parliament. (2) Except as provided in sections 50 and S1 of this Act, nothing in this Act derogates from - (a) any provision which is contained in any other Act and which authorizes or requires official information to be made available; or 30 Official Information 2008/02 (b) any provision which is contained in any other Act and in force immediately before the date of coming into force of this Act and which - (i) imposes a prohibition or restriction in relation to the (ii) availability of official information; or regulates the manner in which official information " 1 may be obtained or made avai!able; or (c) any provision of any Ortler in Executive Council made under the Commissions of Inquiry Act 1966 or of any other document under which a commission of inquiry is appointed. This Act is administered by the Office of the Ombudsman RAROTONGA, COOK ISLANDS: Printed under the authority of the Government of the Cook Islands - 2008 Official Information 31 SCHEDULEl includin de artments : · iculture 'udit Office i;rown Law Office éultural Development pisaster Management Office ;Education Energy National Environment Service Finance and Economie Management Financial Supervisory Commission Foreign Affairs and Immigration Human Resources Health Internai Affairs Justice Marine Resources Meteorological Service Ministerial Support Offices National Library Office of the Minister for Island Administration Office of the Prime Minister Parliarnentary Services Police Public Service Commission Transport Waste Management Works Aitutaki Island Administration Office Atiu Island Administration Office Mangaia Island Administration Office Manihiki Island Administration Office Mauke Island Administration Office Mitiaro Island Administration Office Palmerston Island Administration Office Penrhyn Island Administration Office Pukapuka-Nassau Island Administration Office Rakahanga Island Administration Office ' 32 Official Information Organisations .~~. Building Control Committee Business Trade & Investment Board Cook Islands Airport Authority Cook Islands Government Property Corporation Cook Islands Investment Corporation Cook Islands Marine Board Cook Islands National Superannuation Fund Cook Islands Pearl Authority Cook Islands Ports Authority Cook Islands Price Tribunal Cook Islands Tourism Marketing Corporation Cultural and Historie Places Board Higher Salaries Commission Island Councils Island Environment Authorities Leases ApprovaI Tribunal Medical and Dental Council National Arts Council National Environment Council Nursing Council Parole Board Price Tribunal Public Expenditure Review Committee Rarotonga Local Govemment Remuneration Tribunal Seafood Export Advisory Council Liquor Licensing Authority Te Aponga Uira O Tumutevarovaro Transport Licensing Authority Companies: Any company in which 50% or more of the shares are owned by the Crown. SCHEDULE2 Consequential Amendment Race Relations Act 1972: Section 13 (5) is amended by deleting the words "the Official Secrets Act or"