93Recommendation for reconsideration of matter by agency

#### 93 Recommendation for reconsideration of matter by agency 93 Recommendation for reconsideration of matter by agency > > (1) The Information Commissioner may recommend that the agency reconsider the decision that is the subject of the Information Commissioner’s review and make a new decision as if the decision reviewed had not been made. > > > (2) The agency may, pursuant to such a recommendation, reconsider the decision and make a new decision, whether or not the decision has already been the subject of internal review by the agency. > > > (3) The agency’s reconsideration of a decision is to be by way of internal review of the decision (under Division 2) unless the decision has already been internally reviewed, in which case the agency is to reconsider the decision and make a new decision. > > > (4) Unlike an internal review, the reconsideration of a decision that is not an internal review— > > > > > (a) can be done by the person who made the original decision, and > > > > > (b) can be the reconsideration of a decision made by the principal officer of the agency. > > > (5) The reconsideration of a decision that is not an internal review cannot be done by a person who is less senior than the person who made the original decision. > > > (6) No fee is payable for any reconsideration (including by way of an internal review) of a decision pursuant to a recommendation of the Information Commissioner. > > **s 93:** Am 2012 No 7, Sch 1 \[25\].