For the past few years New Zealand has been superbly served by our Ombudsman, Judge Peter Boshier. I have had a little to do with the Ombudsman’s office and any time I have had anything to do with Peter Boshier he has always been ethical and attentive. As he headed out the door, he fired a few shots at government departments and the way they handle Official Information Act (OIA)requests.
The OIA is in our legislation to enhance accountability of our public institutions and their staff and our elected reps. My experience is that Wellington public servants treat it as a cat and mouse game.
In this release Chief Ombudsman says stiffer penalties may be needed for OIA delays – Inside Government NZ it is reported:
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.
“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.”
Peter Boshier singled out Health New Zealand Te Whatu Ora as a “particular concern” when it comes to releasing public information under the Official Information Act. Surprise, surprise.
Leave a Reply