87A Exception for successful challenge of s 35 notice
(1) This section applies if an agency or Minister gives a notice under section 35(2) and the commissioner is satisfied that the document concerned does not include exempt matter under section 36, 37, 42 or 42A.
(2) Section 87(3) does not apply.
(3) Section 89 applies except that the commissioner must—
(a) first give a copy of the decision only to the agency or Minister; and
(b) give a copy of the decision to each other participant only if, at the end of 28 days after the decision is given to the agency or Minister, the commissioner has not been notified that the agency or Minister has applied for a statutory order of review under the Judicial Review Act 1991 in relation to the commissioner’s decision (judicial review).
(4) Further, if the commissioner directs that access to the document is to be granted, the agency or Minister must comply with the direction only if, at the end of 28 days after the decision is given to the agency or Minister, the agency or Minister has not applied for judicial review.