Official information Act complaints rise by 34 per cent

Wednesday, 13 March 2019

Chief Ombudsman Peter Boshier says he wants robust discussions amongst the public service to occur

New figures have revealed complaints from individuals requesting official information have risen by more than a third in the last two years.

But Justice Minister Andrew Little says an overhaul of 40 year old free of information legislation 'might not be needed' because his Government is much more open.

The Justice Ministry is asking the public for feedback on how well the Official Information Act is working - with a view to carrying out a review.

Little's comments come as Stuff launches Redacted, a special project looking at how the public service is handling Official Information Act requests.

*** Hide and Seek: How politicians seek to hide your information away

* Security firm Thompson & Clark bill for official answer legitimate

* No rules for ministers' private emails

On taking office in 2017, Labour promised to 'be the most open, most transparent Government that New Zealand has ever had'.

But figures released this week show a 3.7 per cent rise in complaints to Chief Ombudsman Peter Boshier in the last six months. There is a 34 per cent rise since officials began collecting the data in 2016.

Justice Minister Andrew Little has asked officials to consult with the public on official information laws.

The Office of the Ombudsman received 1194 complaints in the six months between July and December 2018. The data is skewed by one individual who made 471 complaints - and discounting that block there were 723 complaints, up 3.7 per cent on the previous six month period.

Around half were related to a refusal or partial refusal to release information, and 20 per cent were relating to delays. The majority (70 per cent) came from members of the public, with 20 per cent from journalists.

The Official Information Act matters. But right now it's not working.

New stats show 110 agencies received just over 18,000 requests in the last six months of 2018. State Services Commissioner Peter Hughes says in 95 per cent of those cases agencies completed requests on time.

But those figures don't include the police or Defence Force. Those agencies receive the bulk of requests (21,225 in six months) and the SSC decided to remove them from biannual reporting 'to focus attention on the results of public service agencies.'

Last week Justice officials launched a consultation process, asking for views on how the legislation is working in practice, and whether a review is warranted.

'Your feedback will help inform a decision by Government on whether to review it, or whether instead to keep the focus on practice improvements,' the ministry says on an invitation to submit feedback.

Chief Ombudsman Peter Boshier is the guardian of the citizen's right to know.

Labour didn't promise legislative reform in Opposition, but it did heavily criticise the National government for a lack of transparency.

Little says the Office of the Ombudsman has done 'significant work on the interpretation and application of the OIA'.

The State Services Commission are providing agencies with advice on OIA practice and reporting on compliance with the OIA, 'as part of a broader programme to improve implementation by agencies of the spirit and intent of the OIA,' he said.

And Little says the Government is now proactively releasing information, like Cabinet papers.

'I am encouraged by the progress that has been made,' he said.

Senior reporter Andrea Vance demonstrates how to seek information using the Official Information Act.

Given the focus on achieving practice improvements, the question is whether this should remain the case or if there is also a need for legislative changes. Feedback from the current consultation will help inform this decision.

In 2012, the Law Commission published a review of Act with over 100 recommendations and said a review was necessary to keep pace with the pace of digital technology.

Last year advocacy group Reporters Without Borders placed New Zealand at number 13 in the 2017 World Press Freedom Index, falling eight places from its 2016 ranking.

Its report said journalists were struggling with the Act, and some were even been asked to pay for information.

But it's not just for journalists.

The OIA is a powerful democratic tool that allows the public to inspect public records, examine documents and keep a check on Government spending.

It means vital information about our health system, crime statistics and even restaurant hygiene is all routinely made public.

And it also allows the public to probe and report on decisions taken behind closed doors and out of public view.

Boshier is our guardian of public information, and investigates compliants from frustrated requesters.

He says 'positive changes' can be made without rewriting the law or altering its fundamental principles.

'We have achieved some good results through culture change alone… However, more could be done to encourage agencies to commit resources to official information practices.'

The Privacy Act requires every agency to appoint a Privacy Officer to make sure it complies with the law, to investigate possible breaches and respond to requests.

'I see no reason why a similar commitment shouldn't be included under the OIA,' he said.

'A law can only ever be as good as the people responsible for administering it. My role is to make sure officials meet the expectations of the public by making their obligations very clear and encouraging them to do the right thing.'

If you'd like to contribute to Stuff's Redacted project please submit via Stuff Nation or email newstips@stuff.co.nz