36 Cabinet matter
(1) Matter is exempt matter if—
(a) it has been submitted to Cabinet; or
(b) it was prepared for submission to Cabinet and is proposed, or has at any time been proposed, by a Minister to be submitted to Cabinet; or
(c) it was prepared for briefing, or the use of, a Minister or chief executive in relation to a matter—
(i) submitted to Cabinet; or
(ii) that is proposed, or has at any time been proposed, to be submitted to Cabinet by a Minister; or
(d) it is, or forms part of, an official record of Cabinet; or
(e) its disclosure would involve the disclosure of any consideration of Cabinet or could otherwise prejudice the confidentiality of Cabinet considerations or operations; or
(f) it is a draft of matter mentioned in paragraphs (a) to (e); or
(g) it is a copy of or extract from, or part of a copy of or extract from, matter mentioned in paragraphs (a) to (f).
(2) Subsection (1) does not apply to matter officially published by decision of Cabinet.
(3) A certificate signed by the Minister stating that specified matter would, if it existed, be exempt matter mentioned in subsection (1), but not matter mentioned in subsection (2), establishes, subject to part 5, that, if the matter exists, it is exempt matter under this section.
(4) In this section—
Cabinet includes a Cabinet committee or subcommittee.
chief executive means a chief executive of a unit of the public sector.
(a) discussion, deliberation, noting (with or without discussion) or decision; and
(b) consideration for any purpose, including, for example, for information or to make a decision.
draft includes a preliminary or working draft.
official record, of Cabinet, includes an official record of matters submitted to Cabinet.
submit matter to Cabinet includes bring the matter to Cabinet, irrespective of the purpose of submitting the matter to Cabinet, the nature of the matter or the way in which Cabinet deals with the matter.