Outgoing Chief Ombudsman Peter Boshier says stiffer
penalties may be needed for government agencies that
persistently delay the release of official
information.
Mr Boshier has today released a report
about his reflections over the past nine years, on the
Official Information Act 1982, along with separate
investigations into seven agencies, and two new case
notes.
“I want to give New Zealanders the big picture
as I leave office. As Ombudsman I have a unique insight
which is valuable. About 14,000 OIA complaints have come
across my desk since I started as Chief Ombudsman in late
2015. I have also conducted 37 proactive investigations into
how agencies manage OIA requests. My experience hasn’t
altered my view on the OIA: I still believe it is
fundamentally sound and has stood the test of
time.
“The real issues are not with the law. They
centre on ‘culture’ and that involves trust, behaviour
and leadership. Bad behaviour undermines the OIA. The
Act’s not the problem-it’s the attitude that needs to
change.”
Mr Boshier says agencies need to commit to
developing a culture where OIA work is given priority and it
is valued by staff throughout their organisation. He says
while there have been significant improvements, much more
can be done.
“For example, I see far too many agencies
taking a defensive approach to OIA requests. This attitude
can lead to misbehaviour. I believe where problem behaviour
exists, even after all the levers provided in the
legislation have been applied to their fullest extent,
additional incentives and sanctions against offending
agencies may be needed.
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“Another area that has become
worrying is some agencies’ commitment to record-keeping.
Good record keeping is a legal requirement under the Public
Records Act 2005. Official information must be not only
retained but be able to be retrieved. I have sometimes heard
that public officials are pressured to avoid creating
records for ‘fear of them being OIA-d’. This is wrong. I
believe this is an area of the law that needs
strengthening.”
Mr Boshier says it’s not just
agencies that need to lift their game.
“I have real
concerns about how a small number of requesters are using
the OIA irresponsibly, for example, by submitting requests
that are vexatious, frivolous, or too large.
“This
places a huge burden on responders and frustrates the entire
OIA process.
“Requesters should always be careful that
when they make requests, they don’t undermine the very
system that allows them to access information.”
Mr
Boshier says another issue is the length of time requesters
need to wait before they get a decision from an agency on
the information they’ve requested.
“Today I have
also published the findings of my investigation into how
seven agencies dealt with timeliness.
“I didn’t find
evidence of deliberate attempts to slow things down but I
did see, in all but one of the seven agencies, practices
that were contributing to delays.
“The majority had
strong leadership and were committed to sound OIA handling,
but there were still some that didn’t have a high-level
strategy for meeting their OIA obligations. This should be a
priority.
“Health New Zealand is of particular
concern. I regret to say that I have found on a number of
occasions that it is not always following the letter and
spirit of the law.
“For a relatively new agency,
Health NZ is generating an increasing number of complaints,
mostly about the time it takes to make a decision, or its
refusal to release parts or all of the requested
information. Health NZ’s record management, especially its
inability to retrieve regional records, is an underlying
factor. Two case notes that I have also released today,
identify significant concerns with Health NZ’s delays and
administrative processes.
“Finally, I am increasingly
concerned at legislative ‘carve-outs’ where other Acts
are amended to avoid the need to comply with the OIA. This
happens where there is a perceived lack of adequate
protection around, for example, private and commercially
sensitive information. I firmly believe carve-outs are not
necessary. The OIA as it stands protects any such interests
and initiatives.”
Mr Boshier says a collective effort
is needed to make the OIA work.
“It is very clear to
me that everyone working with the OIA must make it a
priority to safeguard this vitally important piece of
legislation. It is a commitment that is fundamental to
democracy and freedom in New Zealand.”
Mr Boshier’s
term as Chief Ombudsman ends on 28 March.
Read
the reports : https://www.ombudsman.parliament.nz/news/outgoing-chief-ombudsman-releases-reflections-report-official-information-act
