New Hampshire Right-to-Know Law and Public Records Access

New Hampshire's Right-to-Know Law governs public access to governmental records and meetings across state and local agencies. Codified at RSA Chapter 91-A, the statute establishes the presumption that all governmental records are public unless a specific exemption applies. The law applies to the full range of executive, legislative, and local governmental bodies operating within New Hampshire, making it a foundational instrument for civic accountability in the state.

Definition and Scope

RSA 91-A defines a "governmental record" as any information created, accepted, or obtained by a public body or public agency in the furtherance of its official function (RSA 91-A:4). This encompasses paper documents, electronic records, photographs, audio and video recordings, emails, and other data formats regardless of physical medium.

The statute's coverage extends to:

• State agencies and departments, including bodies such as the New Hampshire Department of Health and Human Services and the New Hampshire Department of Environmental Services
• The New Hampshire Legislative Branch and committees thereof
• County governments and their offices, including those for Hillsborough County and Rockingham County
• Municipal governments, school boards, planning boards, and zoning boards of adjustment
• Any entity that performs a governmental function or receives public funding sufficient to constitute it a public body under the statute

Scope boundary: RSA 91-A applies exclusively to public bodies and public agencies within New Hampshire's jurisdiction. Private entities, federal agencies operating in New Hampshire, and records held by courts (which are governed by separate Supreme Court rules) fall outside the statute's scope. Federal records requests are handled under the federal Freedom of Information Act (5 U.S.C. § 552), not RSA 91-A. Judicial branch records are not covered by this page.

How It Works

RSA 91-A establishes a two-track framework: access to meetings and access to records.

Access to Meetings

Public bodies must hold open meetings with limited exceptions. The statute requires that notice of meetings be posted at least 24 hours in advance, excluding Sundays and legal holidays (RSA 91-A:2).

Access to Records

The records access process operates as follows:

1. A requester submits a written or oral request to the public body or agency holding the record.
2. gencourt.state.nh.us/rsa/html/VI/91-A/91-A-4.htm)).
3. If granted, inspection must be permitted promptly during regular business hours; copies may be requested at a reasonable cost.
4. If denied, the requester may seek relief in Superior Court under RSA 91-A:7, where the burden of proof shifts to the government to demonstrate that an exemption applies.

Court proceedings under RSA 91-A:7 are expedited, and if the court finds that a denial was unjustified, it may award attorney's fees and litigation costs to the requester (RSA 91-A:8).

Common Scenarios

The following categories represent the most frequently encountered public records requests under RSA 91-A:

• Law enforcement records — Police incident reports are generally accessible, but investigative records that could compromise ongoing investigations may be withheld. The New Hampshire Department of Safety and local police departments handle these requests directly.
• Personnel records — The names and salaries of public employees are public. However, home addresses, personal contact information, and medical records are exempt under RSA 91-A:5, IV.
• Environmental and permitting records — Permits, inspection reports, and correspondence held by agencies such as the New Hampshire Department of Transportation are routinely disclosed.

• Tax and financial records — Property tax assessment records maintained by municipalities are public, intersecting with New Hampshire property tax administration. Individual taxpayer return data is exempt.

• Electronic communications — Emails and text messages sent or received by public officials on government devices in the conduct of official business qualify as governmental records subject to disclosure.

Decision Boundaries

RSA 91-A:5 enumerates specific categories exempt from mandatory disclosure. The principal exemptions are:

A critical interpretive boundary separates preliminary drafts from final records. Internal working drafts not retained as the basis for official action are exempt; once a document forms the basis of a governmental decision, it transitions to a disclosable record. The New Hampshire Supreme Court has addressed this boundary in litigation under RSA 91-A:7, consistently applying the principle that exemptions are to be construed narrowly against the government.

The New Hampshire Attorney General's Office publishes guidance on RSA 91-A compliance, and the New Hampshire Secretary of State maintains records of state-level filings relevant to public records requests. For a broader orientation to how New Hampshire governmental authority is structured, the site index provides a structured reference across all branches and agencies.

The New Hampshire open meetings law operates in parallel with RSA 91-A's records provisions, and questions about the New Hampshire public records law in a municipal context intersect directly with how local government bodies conduct business.

References

• RSA Chapter 91-A — Access to Governmental Records and Meetings (New Hampshire General Court)
• RSA 91-A:4 — Right to Inspect
• RSA 91-A:5 — Exemptions
• RSA 91-A:7 — Remedies
• RSA 91-A:8 — Attorney's Fees
• New Hampshire Attorney General's Office — Right-to-Know Law Guidance
• New Hampshire General Court — RSA Full Text Search
• Freedom of Information Act — 5 U.S.C. § 552 (Federal, for contrast)