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Information Act 2002
42Vexatious applicants
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42 Vexatious applicants
(1) On the application of a public sector organisation, the
Commissioner may declare in writing that a person is a vexatious
applicant in relation to the organisation.
(2) The Commissioner may only make a declaration if satisfied that:
(a) over a period of time, the person has repeatedly applied to the
public sector organisation:
(i) for access under Division 2 (Accessing government
information) to government information or a number of
pieces of government information that share a common
characteristic; or
(ii) for review under Division 4 (Review by public sector
organisation) of the organisation's decisions about
access to government information or a number of pieces
of government information that share a common
characteristic; and
(b) the repeated applications are:
(i) unnecessary; or
(ii) an improper use of the right of access or review; or
(iii) made to harass, obstruct or otherwise interfere with the
operations of the organisation.
(3) A declaration has effect subject to the terms and conditions
specified in the declaration, which may include a condition that the
vexatious applicant may only make an application to the public
sector organisation for access under Division 2 (Accessing
government information) or review under Division 4 (Review by
public sector organisation) with the written permission of
Information Act 2002 33
the Commissioner.