How to File a Public Records Request in New Hampshire
New Hampshire's Right-to-Know Law, codified at RSA Chapter 91-A and officially titled 'Access to Governmental Records and Meetings,' guarantees every person the right to inspect and copy governmental records held by public bodies and public agencies. Enacted in 1967 and amended several times since, the law applies to virtually every board, committee, commission, department, and office of state and local government. Public bodies must make records immediately available when possible, or respond within five business days by producing records, issuing a written denial, or stating when records will be available. The burden falls on the agency to justify any withholding — New Hampshire courts presume records are accessible unless the government proves an exemption applies.
The New Hampshire Right-to-Know Law
- Statutory Citation
- New Hampshire RSA Chapter 91-A (RSA 91-A:1 through 91-A:9)
- Response Deadline
- 5 business days
- Fee Provisions
- Under RSA 91-A, there is no fee to inspect or view governmental records in person. Agencies may charge the actual cost of providing physical copies or producing records that require compilation or redaction, but they may not charge for employee time spent responding to or retrieving records. There is no statutory cap on per-page copy fees, and some municipalities charge up to $1.00 per page. Electronic records that require no redaction are generally provided at no cost. Requesters should ask about fees upfront, and agencies must obtain permission before proceeding if costs will apply.
- Key Exemptions
- Exemptions are set forth in RSA 91-A:5 and include: records pertaining to internal personnel practices; medical, welfare, library user, and certain financial records; confidential commercial or financial information whose disclosure would constitute an invasion of privacy; personal notes not having an official purpose; preliminary drafts not shared with a quorum; certain law enforcement investigative files; grand jury records; attorney-client privileged communications and attorney work product (explicitly added by Laws 2021, Ch. 163); and school pupil records. Courts apply a privacy-balancing test to many categories, weighing the individual's privacy interest against the public's interest in disclosure.
- Appeal Process
- A person denied access to governmental records may choose one of two paths. First, they may file a written complaint, along with a $25 filing fee (waivable for inability to pay), with the Office of the Right-to-Know Ombudsman (RSA 91-A:7-a through :7-d), a quasi-judicial state agency that offers a faster, less costly alternative to litigation. Note: as of April 2026, the ombudsman position is vacant. Second, any aggrieved person may petition the Superior Court for injunctive relief under RSA 91-A:7. Courts give these proceedings calendar priority. If the court finds that a lawsuit was necessary to obtain records and that the agency knew or should have known it was violating the law, it may award reasonable attorney fees and costs under RSA 91-A:8.
- Ombudsman
- New Hampshire established the Office of the Right-to-Know Ombudsman in 2022 (RSA 91-A:7-a) as an alternative dispute resolution forum. As of April 2026, the ombudsman position is vacant and no action can be taken on new filings until the position is filled; requesters should consider filing in Superior Court under RSA 91-A:7 if timely resolution is needed.
City FOIA Guides in New Hampshire
Select a city below for a detailed guide on how to file a public records request with that municipality.
Need Help with Public Records in New Hampshire?
If you're dealing with missing records or unresponsive agencies in New Hampshire, Project Paper Trail can help you follow the paper trail on development approvals.
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