Kitson v Manly Council

Kitson sought information from Manly Council under the Government Information (Public Access) Act 2009 (NSW). When Manly Council denied the request, Kitson sought internal review, which was also denied. Kitson then sought review in the Land and Environment Court of New South Wales. Manly Council argued that the resources reasonably available to facilitate the retrieval of information stored electronically were used, the agency does not hold the information, and creation of new information or a new record or an update of a record was required. Kitson argued that the Council had not properly exercised its discretion, and that the information was held by the Council. The court had to decide whether the Council properly exercised its discretion and whether the Council held the information. The court found that the Council properly exercised its discretion and did not hold the information. The court found that the Council had used the resources reasonably available to retrieve the information. The court found that the information was not held by the Council. The court found that creation of new information or a new record or an update of a record was not required. The decision that Council does not hold the information is affirmed.