(1) For section 47(3)(e), a document is nonexistent or unlocatable if—
(a) the agency or Minister dealing with the application for access is satisfied the document does not exist; or
a document that has not been created
(b) the agency or Minister dealing with the application for access is satisfied—
(i) the document has been or should be in the agency's or Minister's possession; and
(ii) all reasonable steps have been taken to find the document but the document can not be found.
Under the Public Records Act 2002, section 13, it is an offence to dispose of a public record without authority.
(2) Before an agency or Minister may be satisfied under subsection (1)(a) that a prescribed document does not exist, a search for the document from a backup system is required, but only if the agency or Minister considers the document has been kept in, and is retrievable from, the backup system.
(3) Subject to subsection (2), a search for a document from a backup system is not required before the document is nonexistent or unlocatable for section 47(3)(e).
(4) In this section—
prescribed document means a document that—
(a) is a document required to be kept under the Public Records Act 2002; and
(b) is not a document that the agency or Minister could lawfully have disposed of under the Public Records Act 2002.