The complainant asked me to investigate the decision of the Ministry of Agriculture and Fisheries not to release to him the name of the person who had made allegations about the way he had treated his calves. Someone had told MAF that the complainant was weaning his calves too early and that some of them had worms.

I noted that the identity of the person who provides information about another person is considered to be personal information about that other person and therefore subject to the right of access under information privacy principles 6. However, in this case, I considered that section 27(1)(c) of the Act appeared to be relevant to the Ministry's decision. This section provides an agency with a reason to refuse to disclose information under the principle 6 if the disclosure of the information would be likely

"to prejudice the maintenance of the law, including the prevention, investigation and detection of offences and the right to a fair trial."

I noted that in administering the Animals Protection Act 1960 the Ministry relies to a significant extent on receipt of information from sources which understand that their identity will remain confidential. Receipt of such information will often be crucial to the identification of animals which are being abused or neglected and it is part of the statutory function of the Ministry to make provision for the protection of animals and the prevention of cruelty to animals. I accepted that if the Ministry released the identifying information about the informant in this case then, in future, this informant and/or potential informants would be reluctant to supply information. If the flow of information were to cease or be diminished then the Ministry would quite clearly be prejudiced in its maintenance of the law function relating to the protection of animals.

For these reasons I consider that section 27(1)(c) provided the Ministry with a good reason to withhold the identifying information about the informant in this case.

The Ministry agreed, however, to release to the complainant a copy of the Animal Welfare Complaint Report with the identity of the informant deleted. I advised the complainant of his right to seek correction of the information contained in the report.

Refusal of access to information - Information Privacy Principles 6 - Section 27(1)(c) Privacy Act 1993.

Access to personal information - Ministry of Agriculture and Fisheries - Refusal - Informant identity - Release of informant identity would be likely to "prejudice the maintenance of the law" - Privacy Act 1993, s 27(1)(c) - Information privacy principle 6