Phil Rennie, a Spokesman for Internal Affairs Minister Nathan Guy says all requests for data will be published on the website, www.data.govt.nz, so the request and any refusal will be publicly available.

In addition, any request for release of government datasets under the open-data policy formalised this month, will be treated as a request under the Official Information Act (OIA). If the department declines to release data, the person requesting it will have the same avenue of appeal to the Ombudsman as any other regular OIA request.

The Cabinet Paper, released this month, proposing a formal declaration of an open data policy appears to give agencies an escape clause. "While all public service departments, the Police, the New Zealand Defence Force, the Parliamentary Counsel Office, and the Security Intelligence Service will be required to commit to releasing their data, they will have autonomy to decide what they release and how they incorporate this into their core business activities," the paper states.

The Cabinet Paper, released this month, proposing a formal declaration of an open data policy appears to give agencies an escape clause. "While all public service departments, the Police, the New Zealand Defence Force, the Parliamentary Counsel Office, and the Security Intelligence Service will be required to commit to releasing their data, they will have autonomy to decide what they release and how they incorporate this into their core business activities," the paper states.

However, Guy's spokesperson says the safeguard of the OIA and publication of the request should deter unreasonable refusals.