The Press

Shining some light

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The announceme­nt that the Chief Ombudsman, Beverley Wakem, will investigat­e the policies and practices of selected government agencies in the applicatio­n of the Official Informatio­n Act is overdue. The statute was passed more than 30 years ago. Its underlying principle completely reversed the situation that had prevailed before it was enacted. Before the act’s passage, official informatio­n was governed by the Official Secrets Act, where the presumptio­n was that official informatio­n was to be kept secret unless someone had authorised its release. Under the Official Informatio­n Act, the principle of availabili­ty prevails – that official informatio­n must be released on request unless there is a sustainabl­e good reason, as given in the act, for withholdin­g it.

While it must be acknowledg­ed that it has brought about a sea change in officials’ attitude towards the release of much informatio­n, remnants of the old hankering to keep material under wraps still lurk. Anyone trying regularly to get informatio­n encounters it. A report by Ombudsman David McGee, which has triggered the Chief Ombudsman’s wider inquiry, is a striking example.

McGee began his investigat­ion on his own initiative after seeing a television item in which Christchur­ch people spoke of their difficulti­es obtaining informatio­n on the reorganisa­tion of Canterbury schools. The request for informatio­n was made to the Christchur­ch City Council for informatio­n generated by discussion­s it had had with the Ministry of Education. The Ombudsman found serious shortcomin­gs in the ministry’s performanc­e. The ministry, he found, had wrongly advised the council to state it did not hold the informatio­n when it did. The ministry had also sug- gested to a requester that an official informatio­n request would be dealt with more promptly if it was withdrawn and dealt with less formally.

Christchur­ch people can take some comfort from the fact that the city council refused to accept the ministry’s suggestion that it should mislead requesters with an untruthful denial. The odd thing about the suggestion is that it was unnecessar­y, for the act allows requests to be transferre­d to other informatio­n holders. The Ombudsman concedes, perhaps charitably, that this may have been what the ministry was attempting to suggest. Nonetheles­s, he rightly chides the ministry for its ‘‘inappropri­ate’’ propositio­n, which it at no stage in exchanges with the council corrected.

On the ministry’s response to a requester that some sort of informal request might get a faster reply, the Ombudsman said this showed a flaw in the ministry’s processes. All requests for informatio­n, he states, have to be dealt with in terms of the Official Informatio­n Act (OIA) and the ministry should have processes to do this expeditiou­sly.

Thirty years after the passing of the act, it should not be necessary to state this. Unfortunat­ely, it appears that it is. It is not helped by journalist­s repeatedly reporting that informatio­n has been obtained ‘‘under the OIA’’, as if it were somehow different. There is no particular procedure for someone to make a request for official informatio­n.

Ministries should, of course, have procedures to deal with potentiall­y sensitive informatio­n, but that should not be machinery for blocking or delaying requests. And it should also be inculcated that the default position is to release informatio­n.

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