28A Refusal of access-document nonexistent or unlocatable
(1) An agency or Minister may refuse access to a document if the agency or Minister is satisfied the document does not exist.
documents that have not been created
(2) An agency or Minister may refuse access to a document if—
(a) the agency or Minister is satisfied the document has been or should be in the agency's or Minister's possession; and
(b) all reasonable steps have been taken to find the document but the document can not be found.
- documents that have been lost
- documents that have been disposed of under an authority given by the State Archivist
(3) Subject to subsection (4), a search for a document from a backup system is not required before refusing access under this section.
(4) A search for a document from a backup system is required before refusing access under subsection (1) only if—
(a) the document is—
(i) a document required to be kept under the Public Records Act 2002; and
(ii) not a document that the agency or Minister could lawfully have disposed of under the Public Records Act 2002; and
(b) the agency or Minister considers the document has been kept in, and is retrievable from, the backup system.