65Open access information declarations

65 Open access information declarations (1) The ombudsman may declare government information to be open access information. Note Power to make a statutory instrument includes power to make different provision for different categories (see Legislation Act, s 48). (2) Before making a declaration, the ombudsman— (a) must consult— (i) for information held by an agency—the information officer of each agency; and (ii) for information held by a Minister—each Minister; and (b) may consult anyone else the ombudsman considers appropriate. (3) The ombudsman must not declare government information that came into existence before 1 January 2018 to be open access information. (4) A declaration is a disallowable instrument.