51Confidential information

51 Confidential information (1) For section 293(1) of the Act, the following information is prescribed as confidential: (a) information about the employment of a particular individual as a member of the staff or possible member of the staff of the council that could, if publicly disclosed, cause prejudice to the individual; (b) information about the personal circumstances of a resident or ratepayer; (c) information that would, if publicly disclosed, be likely to: (i) cause commercial prejudice to, or confer an unfair commercial advantage on, any person; or (ii) prejudice the maintenance or administration of the law; or (iii) prejudice the security of the council, its members or staff; or (iv) subject to subregulation (3) – prejudice the interests of the council or some other person; (d) information subject to an obligation of confidentiality at law, or in equity;

Local Government (General) Regulations 2021 32 (e) subject to subregulation (3) – information provided to the council on condition that it be kept confidential and would, if publicly disclosed, be likely to be contrary to the public interest; (f) subject to subregulation (2) – information in relation to a complaint of a contravention of the code of conduct. Example for subregulation (1)(d) Information that may be subject to legal professional privilege. (2) For subregulation (1)(f), the following information is no longer confidential after the complaint has been decided: (a) a decision notice in relation to the complaint; (b) a report of proceedings or findings of the complaint including a summary of decision under regulation 80 or 81. (3) Information mentioned in subregulation (1)(c)(iv) and (e) does not prejudice the interests of the council or some other person or is not contrary to the public interest if the information, if publicly disclosed, only causes: (a) embarrassment to the council, members or the council's staff; or (b) a loss of confidence in the council; or (c) discussion of a matter that is controversial in the council area; or (d) the council to be susceptible to adverse criticism.