Chief Ombudsman doesn’t endorse council’s controversial information sharing code

Thursday, 20 June 2024

Chief Ombudsman Peter Boshier has distanced himself from a mothballed confidential information sharing code for councillors.

Wellington City Council’s chief executive Barbara McKerrow faced a backlash from elected members when she introduced new protocols, without consultation, and has since withdrawn it.

McKerrow has frequently cited the information watchdog’s support for the protocols, in correspondence with councillors and The Post.

However, on Thursday evening Boshier stressed he did not endorse the code — and had written to the council to outline his position.

“I have told the council that I have not given my endorsement of the protocol. However, I did provide comments on elements of the draft for the council to consider after receiving a request for advice from the chief executive,” he said in a pro-actively emailed statement.

“I advised the council that a protocol must recognise the rights of elected members to gain access to information they reasonably need to do their work.

“I also stated that the final shape and contents of the protocol is, of course, for the full council to determine,’ he said.

In a letter to McKerrow in October, Boshier wrote that a draft of the code should be “socialised” with councillors.

Boshier said he was regularly approached by agencies for advice. “I consider it part of my role to promote good administrative practice and to encourage agencies to develop policies that comply with the law. They are responsible for the final outcome.”

In comments to The Post last week, McKerrow said: “The Office of the Ombudsman has been consulted extensively during the process of developing the protocols and is supportive of the initiative.

“The ombudsman has encouraged the council to provide them to the local government sector as good practice.”

And in an email to councillors in April, she wrote: “My team has worked closely with the Chief Ombudsman since then to develop the attached protocols which provide clarity on the process and scope of such requests.

“The Chief Ombudsman has congratulated WCC on this initiative and is pleased we have consulted him.”

The council’s chief strategy and governance officer Stephen McArthur said the input of the watchdog in developing the code was appreciated.

“It has always been well understood that it is not the role of the Chief Ombudsman to endorse these protocols, which have now been withdrawn,” he said in a statement.

“We have great respect for and understanding of the independence of the office of the Ombudsman. We have always accepted that the Ombudsman reserves the right to consider any complaint case by case on its own merits.”

McArthur said officials would work with councillors “on a new way forward.”

Some councillors said the new code prevented them seeking advice on previous votes — such as the controversial Reading cinema deal or on reducing business rates.

Councillor Ben McNulty was also refused legal advice on the sale of a 34% stake in Wellington airport, but the council has since backed down.

On Wednesday, Local Government Minister Simeon Brown said he was “appalled” by the withholding of information from elected representatives.