NTIn ForceAct
Information Act 2002
156Fees for applications and complaints
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156 Fees for applications and complaints
(1) A public sector organisation may charge:
(a) a fee in respect of the making of an application (an
application fee); and
(b) a fee in respect of the time taken, and the costs incurred, by
the public sector organisation in response to an application (a
processing fee).
(1A) If the public sector organisation is a client organisation under a
processing arrangement with a supporting organisation, the
processing fee that may be charged under subsection (1)(b) may
include time taken, and costs incurred, by officers or employees of
the supporting organisation in response to the application.
(2) The Commissioner may charge a fee in respect of the making of a
(3) A fee charged under this section is to be reasonable and a
processing fee is not to be charged for time spent locating
government information that has been misplaced.
(4) The Regulations may:
(a) prescribe:
(i) the amount of an application or processing fee; or
Information Act 2002 97
(ii) the rate, formula or other method to be used to calculate
an application or processing fee; or
(b) for paragraph (a), prescribe different amounts, rates, formulae
or other methods in respect of different government
information or different classes of government information or
different public sector organisations or different classes of
public sector organisations; or
(c) provide for the estimation of application or processing fees; or
(ca) provide for the payment and refund of deposits for processing
fees; or
(d) provide for the recovery of unpaid application or processing
fees; or
(e) prescribe the amount of a fee in respect of the making of a
(5) A fee charged under this section is payable by the applicant or the
complainant, as appropriate.
(6) A public sector organisation or the Commissioner may waive or
reduce a fee payable under this section if, having regard to:
(a) the circumstances of the application or the complaint,
including any impecuniosity or indigence of the applicant or
the complainant; and
(b) the objects of this Act,
the organisation or the Commissioner considers a waiver or
reduction appropriate.