Let the Ombudsman recommend for democracy at SDHB

As we know, the slippery triumverate – Kathy Grant, Richard Thomson and Graham Crombie – have had a lot to answer for at both the SDHB and DCC/DCHL. An unsavoury grouping, best dissolved. Unfortunately, Health Minister Jonathan Coleman is not that bright.

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### ODT Online Mon, 6 Feb 2017
SDHB restricts information access
By Eileen Goodwin
The Southern District Health Board is clamping down on information it has previously released without objection. Last week, the SDHB said it could no longer release commissioner Kathy Grant’s official correspondence unless the Otago Daily Times stated “specifically” which letters it is after. Previously, the board agreed to a general release of top-level inward and outward correspondence, subject to redactions to protect individual privacy. […] The ODT has also complained to the Office of the Ombudsman about the board’s response.
Read more

For more, enter the terms *sdhb*, *kathy grant* and *hospital* in the search box at right.

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Posted by Elizabeth Kerr

This post is offered in the public interest.

OIA Review: Bev’s off, thank god! #politicallyblinkered #shakethattreesomemore

Updated post
Sat, 5 Dec 2015 at 1:17 p.m.

LIES and SPIN, Bev

### NZ Herald Online 1:40 PM Wednesday Dec 2, 2015
Official Information Act review finds ‘no deliberate misuse’
By Isaac Davison – NZH political reporter
A high-level review of the Official Information Act will not uncover any widespread political interference in the release of information, its author says. The Ombudsman’s Office will release the findings from its comprehensive, year-long review next week. Chief Ombudsman Dame Beverley Wakem said today that the investigation had not discovered malicious or deliberate misuse of the Act by ministers’ offices or by Government departments.

“We’ve really shaken the tree over this and haven’t been surprised by what’s fallen out,” she told a Parliamentary committee this morning.

She admitted that she had suspected political interference, but had found no hard evidence of it. Dame Beverley said people who had complained to her office could be perceiving political spin or “bad behaviour” when it did not exist, and she could not make any findings “based on hearsay”.
Read more

█ The release of the report will be Dame Beverley’s last act as Chief Ombudsman after 10 years in the role. She is being replaced by former Principal Family Court Judge Peter Boshier next week.

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Gun shy ? (broken record – your 10 limp-wristed years, inter-agency OBFUSCATION, or lose your privilege, your confidence, your connections, your office budget….)

DemiLovatoVEVO Published on Oct 9, 2015
Demi Lovato – Confident (Official Video)

Sharon Murdoch, Dame Beverley December 5, 2015 [Stuff.co.nz]

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Related Posts and Comments:
9.11.15 Citifleet investigation: Final police report 29.10.15
5.3.15 John Key’s NZ spying on Pacific neighbours
15.1.15 New Zealand: Salmond on abuse of democratic freedoms
16.12.14 Chief Ombudsman | OIA review
24.10.14 John Key’s Godzone and the OIA
19.9.14 Chief Ombudsman Beverley Wakem to launch post-election inquiry
21.3.13 Public service causing “paralysis of democracy” with OIA requests
26.7.12 ‘The Public’s Right to Know’ – OIA Review
2.12.09 DScene – OIA requests about stadium endless?

█ For more, enter terms such as *audit nz*, *auditor general*, *citifleet*, *corruption*, *courthouse*, *cst*, *dcc*, *delta*, *department of internal affairs*, *dia*, *dvml*, *fraud*, *gambling*, *kaipara*, *nzru*, *oag*, *orfu*, *pokies*, *racing*, *rugby*, *sfo*, *stadium*, *ttcf* or *whistleblowers* in the search box at right.

—

Posted by Elizabeth Kerr

*Image: nbr.co.nz – Beverley Wakem

John Key’s NZ spying on Pacific neighbours

██ NZ Herald: GCSB collects phone calls, emails and internet data from NZ’s closest and most vulnerable neighbours, secret papers reveal | Read the Intercept’s NZ story here.

Stuff: Diplomatic fallout / Tongan Prime Minister ‘Akilisi Pohiva: “China is on the radar … so what can we do?”

Rod Emmerson. Snowden revelation on GCSB (NZ Herald 5.3.15)

—

How it’s unfolding today…

### NZ Herald Online 6:49 AM Thursday Mar 5, 2015
#snowdenNZ / How foreign spies access GCSB’s South Pacific
By Nicky Hager, Ryan Gallagher
In September last year, Edward Snowden said he had seen large quantities of metadata from New Zealanders’ communications while working in the NSA’s regional headquarters in Hawaii. He was presumably referring to New Zealanders’ communications intercepted during the Asia-Pacific regional monitoring conducted at Waihopai and other allied bases. The Snowden documents show how foreign intelligence staff follow a step-by-step process to access the GCSB’s South Pacific intelligence, including the metadata and communications of New Zealanders living, holidaying and interacting in that region.
Read more

READ MORE:
● NZ spies on its Pacific friends
● The price of the Five Eyes club
● Join the Twitter debate: #snowdenNZ

****

### NZ Herald Online 9:54 AM Thursday Mar 5, 2015
Snowden revelations: John Key failing leadership test with terrorists-under-the-bed response
By David Fisher – Herald senior reporter
OPINION John Key worked to undermine the spying revelations before he knew what they were. Even before the New Zealand Herald approached his office for comment, he offered a “guarantee” the revelations today would be wrong. Then, exactly like those in the United States, he pulled out the terrorism bogeyman, presumably as some sort of cure-all for allegations of over-reach by our intelligence agencies. […] It should be noted that here in New Zealand, the State Services Commission urged the Government in July 2014 to make more information available to the public. […] There has actually been an improvement here by the actual intelligence agencies but the responses to the Snowden documents from the Prime Minister do not dignify the hard work done by some officials in that area. There should be no doubt that surveillance is necessary. Intelligence is critical. That is not the debate. What has grown in the Five Eyes nations, by stealth, is the extent of that surveillance.
Read more

****

EXCLUSIVE: GCSB collects phone calls, emails and internet data from NZ’s closest and most vulnerable neighbours, secret papers reveal

### NZ Herald Online 10:33 AM Thursday Mar 5, 2015
Snowden GCSB revelations / Nicky Hager accuses New Zealand of selling out its neighbours to US
By David Fisher – Herald senior reporter
New Zealand is “selling out” its close relations with the Pacific nations to be close with the United States, author Nicky Hager has said. Hager, in conjunction with the New Zealand Herald and the Intercept news site, revealed today how New Zealand’s spies are targeting the entire email, phone and social media communications of the country’s closest, friendliest and most vulnerable neighbours. The revelations, based on documents supplied by United States fugitive and whistleblower Edward Snowden, expose a heavy focus on “full-take collection” from the Pacific with nearly two dozen countries around the world targeted by our Government Communications Security Bureau. The Snowden documents show that information from across the Pacific is collected by New Zealand’s GCSB but sent on to the United States’ National Security Agency to plug holes in its global spying network.
Read more

*****

### stuff.co.nz Last updated 11:40, March 5 2015
Snowden documents: NZ spied on Pacific Island neighbours video
By Aimee Gulliver
New Zealand is spying on its Pacific neighbours, sweeping up all information from the region and passing it to an American spy agency, documents released today show. United States fugitive Edward Snowden worked at the US National Security Agency (NSA) before turning whistleblower in June 2013, releasing documents to the mainstream media showing spy agencies were conducting mass surveillance. Documents released today with NZHerald.co.nz refer to the Solomon Islands, Fiji, Kiribati, Tonga, Vanuatu, Nauru and Samoa as targets of the Government Communications Security Bureau (GCSB).
Read more + Videos

READ MORE:
● Opinion: NZ right to spy on Pacific Island neighbours
● Diplomat: GCSB must have a really boring job
● Live coverage
● NZ spied on Pacific neighbours – Greenwald
● Nicky Hager: Kiwis will be ‘shocked’ by spy claims
● Q&A – Spying and NZ

****

### stuff.co.nz Last updated 11:30, March 5 2015
Snowden leak spying claims spark diplomatic fallout video
By Aimee Gulliver and Michael Field
New Zealand spying on the South Pacific and Tonga is “a breach of trust”, Tongan Prime Minister ‘Akilisi Pohiva says. Pohiva was “adamant that this is a breach of trust”, the Prime Minister’s Department in Nuku’alofa said this morning. “But it is happening all over the world. Tonga is too small to stand up to the ‘alleged spying’,” Pohiva said through the official. “China is on the radar … so what can we do?”
Earlier today, investigative journalist Nicky Hager said a series of documents leaked to him by the fugitive whistleblower Edward Snowden showed New Zealand was spying on its Pacific neighbours to serve American interests and secure its place in a US-led “club”.
Read more + Videos

—

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15.1.15 New Zealand: Salmond on abuse of democratic freedoms
13.1.15 Southern complainants: IPCA won’t ensure upfront investigation…
16.12.14 Chief Ombudsman | OIA review
24.10.14 John Key’s Godzone and the OIA
20.9.14 Election Night
19.9.14 Chief Ombudsman Beverley Wakem to launch post-election inquiry
17.9.14 John Key PM —real or fake? and one email
15.9.14 The Moment of Truth
2.9.14 John Key PM, plus and minus
7.12.13 Corruption in NZ Sport: Where has John Key PM been hiding ???
30.7.13 GCSB: National Party websites hacked
13.7.13 New Zealand: Salmond on democracy
21.3.13 Public service causing “paralysis of democracy” with OIA requests
26.7.12 ‘The Public’s Right to Know’ – OIA Review

—

Posted by Elizabeth Kerr

Chief Ombudsman | OIA review

“The effective operation of the OIA is crucial to our system of open and democratic government, and this review will scrutinise how things are currently operating and set out a framework for systemic improvement where deficiencies are identified.” –Beverley Wakem, Chief Ombudsman

### NZ Herald Online 2:11 PM Tuesday Dec 16, 2014
Government offices selected for OIA review
By Isaac Davison – NZ Herald political reporter
The Chief Ombudsman says a major review of the Official Information Act will scrutinise all 27 government ministers’ offices.
Dame Beverley Wakem today began her review of the way the public sector used the OIA, which she first announced in August.
Twelve government agencies have been selected for formal review, based on their size, number of OIA requests, complaints, and other criteria.
A further 63 agencies and all ministers’ offices have been asked to complete a detailed survey. At least one agency cited for good OIA practice would be included in the review.
The Ombudsman’s office would also seek input from past and present public servants, Opposition parties, journalists, academics and others.
Dame Beverley said the goal was to assess the quality and integrity of OIA practice in the public sector and to address any issues that were found.
Read more

—

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24.10.14 John Key’s Godzone and the OIA
23.9.14 What if? swayed by celebrity, loveliness —and dirty politics
23.9.14 John Oliver on Eminem vs National #LastWeekTonight
19.9.14 Chief Ombudsman Beverley Wakem to launch post-election inquiry
23.9.14 John Key PM —real or fake? and one email
2.9.14 John Key PM, plus and minus
7.12.13 Corruption in NZ Sport: Where has John Key PM been hiding ???
21.3.13 Public service causing “paralysis of democracy” with OIA requests
26.7.12 ‘The Public’s Right to Know’ – OIA Review
9.2.10 John Key made NZ fall apart #FAIL
2.12.09 DScene – OIA requests about stadium endless?
21.11.09 Stadium: Key’s message to opponents….

█ For more, enter terms such as *corruption*, *fraud*, *whistleblowers*, *dia*, *department of internal affairs*, *stadium*, *gambling*, *auditor general*, *oag*, *audit nz*, *orfu*, *nzru*, *sfo*, *pokies*, *ttcf*, *racing* or *rugby* in the search box at right.

—

Posted by Elizabeth Kerr

John Key’s Godzone and the OIA

A very experienced political journalist told me: “The whole culture of the Wellington public service towards the OIA is governed by two things – the need not to embarrass your minister or your department (putting your chances of promotion or even your job at risk ) and the need to uphold the law, which public servants are more conscious of than you might think. The result is that public servants block requests for as long as they can and delete as much as they can using whatever section of the OIA act that they can.” –David Fisher, NZ Herald

Link received Thu, 23 Oct 2014 at 8:15 p.m.

### NZ Herald Online 2:56 PM Thursday Oct 23, 2014
David Fisher: OIA a bizarre arms race
NZ Herald journalist David Fisher gave the following speech to an audience of public officials in Wellington on October 15. We republish it here to help the public understand the systematic difficulties faced by those seeking information on their behalf.

Good afternoon everyone. I am David Fisher, a reporter with the NZ Herald. I have worked as a journalist for 25 years, mainly in New Zealand but across a number of other countries.
I think there’s some value before I start in placing a context around the current situation in relation to the media and the OIA. In doing so, it should be said each of the following allegations is denied.
At the moment, there is an inquiry underway into whether a blogger gained some advantage in receiving information from the SIS for political purposes. There are also allegations of preferential treatment over the OIA involving the same blogger and the former Justice Minister.
The police are also facing allegations of trying to cover up juked stats by burying an OIA. And a former Customs lawyer has said his organisation preferred to let requests languish in the Ombudsman’s office than dealing with them.
In the 25 years I have worked as a journalist, there have never been so many questions, or such a loss of faith, all at once.
Read more

—

Comment by Russell Garbutt
Submitted on 2014/10/24 at 10:40 am

I see that the mighty NZ Police have now decided to prosecute Nicky Hager over the fact that as a journalist he will not reveal who gave him copies of the emails that implicated so many of the National Party in downright crude manipulation and God only knows what else. Even that very friendly Speaker of the House has been forced to find that Key is a devious, slippery sod by not revealing his relationship with that scumbag Cameron Slater (watch the interesting exchange at yesterday’s question time here. http://www.inthehouse.co.nz/video/34526)
Isn’t it extraordinary that the NZ Police – such an independent body of public servants – jump so quickly whenever Donkey Jonkey and his mates want action, yet they are pleading under-resourcing for really serious crimes? Remember the infamous John Banks (you know, the little forgetful coot from Auckland) cup of tea PR stunt with Key? Key lays a complaint about the recording and the cops jump immediately. Collins, Key and others are shown to be dirty manipulators in Hager’s book and the cops immediately follow up. And how many others could say that their well-documented complaints have been diligently followed? I know of a few for starters, but let’s start with the Crewe murders and the bent cops who planted evidence. Did the cops diligently pursue anyone else when Thomas was pardoned? Not even when Rochelle Crew asked them to do so. The two bent cops were praised for their integrity and diligence by the very top cop after they died.
I could go on, but the perception out there is that the cops are politically driven.

[ends]

—

Related Post and Comments:
23.9.14 What if? swayed by celebrity, loveliness —and dirty politics
23.9.14 John Oliver on Eminem vs National #LastWeekTonight
20.9.14 Election Night
19.9.14 Chief Ombudsman Beverley Wakem to launch post-election inquiry
● 2.9.14 John Key PM, plus and minus [recent comments]
21.3.14 Public service causing “paralysis of democracy” with OIA requests
26.7.12 ‘The Public’s Right to Know’ – OIA Review

—

Posted by Elizabeth Kerr

*Images: tvnz.co.nz – Dirty Politics: Cameron Slater, Nicky Hager; newstalkzb.co.nz (Getty) – John Key PM looking tired

John Oliver on Eminem vs National #LastWeekTonight

█ Watch at YouTube https://www.youtube.com/watch?v=e25YmpQiEEY

Last Week Tonight at Facebook

****

### tvnz.co.nz Published: 7:34AM Tuesday September 23, 2014
US show mocks NZ over accent and National’s Eminem stoush
Source: ONE News
A British comedian has taken aim at an issue the National Party faced during its political campaign. In a clip posted on YouTube, John Oliver, who hosts the US show The Last Week Tonight, says New Zealand has re-elected Prime Minister John Key on Saturday, “despite a turbulent campaign with a major scandal that engulfed him earlier this week”. He then plays a ONE News clip, in which Wendy Petrie says: “Rap superstar Eminem’s become the latest to take pot shots at our Government.”
Read more

—

—

Related Posts and Comments:
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20.9.14 Election Night
19.9.14 Chief Ombudsman Beverley Wakem to launch post-election inquiry
17.9.14 John Key PM —real or fake? and one email.
● 16.9.14 Eminem sues National Party
15.9.14 The Moment of Truth

—

Posted by Elizabeth Kerr

Chief Ombudsman Beverley Wakem to launch post-election inquiry

█ What today’s ODT editorial doesn’t tell you, story sunk not headlining…..

“We may as well kiss democracy goodbye” –The Standard
By NATWATCH, published at 8:13 am, September 19th, 2014
The words of the title of this post are those of Ombudsman Dame Beverley Wakem …. Yet another typical scandal from the dirtiest government ever seen in NZ. Read more + Comments

Chief Ombudsman Dame Beverley Wakem to launch wide-ranging inquiry after election in respect of OIA practices

### NZ Herald Online 5:30 AM Friday Sep 19, 2014
Ombudsman ‘appalled’ by ex-Customs lawyer’s OIA allegations
By David Fisher
A former Customs lawyer claim that he was told to bury bad news matches similar stories which have sparked a wide-ranging inquiry by Chief Ombudsman Dame Beverley Wakem. She said she was “appalled” by Curtis Gregorash’s claim. “Having said that one of the reasons I am undertaking of selected agencies in respect of their OIA practices is that anecdotally a number of people have told me similar stories,” she said. She said a planned inquiry to be launched after the election could see the Ombudsman’s office using its Commission of Inquiry powers to compel evidence to be given under oath were there signs information was being hidden. “Ministerial offices will be figuring in our inquiry and that is all I will say.”
Read more

****

Whistleblower Curtis Gregorash said he was subjected to an internal investigation after releasing information about Dotcom sought by the NZ Herald through the Official Information Act. The information released saw Customs staff discuss earning “brownie points” by passing on Dotcom information to the FBI.

### NZ Herald Online 5:30 AM Friday Sep 19, 2014
Ex-Customs lawyer claims he was told to bury info that could embarrass the Government
By David Fisher
A former high-ranking Customs lawyer says he resigned from his job after allegedly being told to bury information that could embarrass the Government.
Curtis Gregorash said he was told by senior Customs executives to refuse Official Information Act and Privacy Act requests, which he believed was at the direction of former Customs Minister Maurice Williamson. It comes at a time the Prime Minister’s office is under inquiry over the release of intelligence material through the OIA and accusations that former Justice Minister Judith Collins was manipulating OIA responses for political purposes. [Mr] Gregorash quit his role as Customs’ chief legal counsel in March this year after more than a decade as a government lawyer.

The lawyer turned whistleblower said: “I’ve sat on it for a long time. But the story itself is so awful it needs to be told. I think people really need to see what ministers and some senior executives do.

He had decided to speak because he believed the alleged instruction “was unlawful”, undermined the way the public service was meant to operate and was given for what was ultimately political reasons. “The direction came down (from the minister) through the CEO (Carolyn Tremain) and group manager (of legal services) Peter Taylor to me saying ‘you don’t release anything – I don’t care what the OIA says, I’d rather fight it in the courts’.”
Mr Gregorash said the alleged instruction came during a briefing from Mr Taylor to the legal team in which he referred to Ms Tremain and meeting with Mr Williamson. “I resigned over it. I couldn’t stare my staff in the face and say this is actually serious conduct that’s being presented to you in a lawful way.”
Mr Gregorash said the alleged instruction to withhold information was general – but became specific in relation to “sensitive” issues, including entrepreneur Kim Dotcom, wanted for copyright violation in the United States. “Mr Taylor directed me to withhold all information and pass the same direction on to my team.”
Read more

● In the public interest, lengthy citation of articles by David Fisher at New Zealand Herald (APNZ).

—

Related Post:
21.3.13 Public service causing “paralysis of democracy” with OIA requests

—

Posted by Elizabeth Kerr

DCC Fraud: Further official information in reply to Cr Vandervis

Following on from the previous post.
DCC has established an Investigation Steering Group (membership unknown).

—

Received from Cr Lee Vandervis
Mon, 1 Sep 2014 at 9:51 p.m.

[begins]

—— Forwarded Message
From: Lee Vandervis
Sent: Wednesday, 27 August 2014 11:09 a.m.
To: Sandy Graham [DCC]
Subject: Re: 8 x LGOIMA requests

Hi Sandy,

Thank you for responding so rapidly on the 8 questions.

To clarify, have the DCC asked for the SFO to investigate the Citifleet frauds and when, or has the SFO only been briefed indirectly by Deloittes as in answer 7?

Also, are your responses public or confidential?

Cheers,
Lee

——————————

From: Sandy Graham [DCC]
Date: Mon, 1 Sep 2014 11:08:40 +1200
To: Lee Vandervis
Subject: RE: 8 x LGOIMA requests

Dear Lee

I have followed up your question of clarification about the SFO and can provide the following response:
Under the circumstances of a suspected fraud (as per the Citifleet situation at the beginning of the investigation), the normal course of events is that the SFO is informed of issues when they arise. Deloitte did this via a phone-call to the SFO on 12 June 2014, after a discussion with DCC staff at a meeting of the Investigation Steering Group. The steering group were fully aware of the fact that Deloitte was speaking with the SFO and were informed of the outcome of the call. The call to the SFO was us asking the SFO to consider an investigation.

The discussion on 12 June 2014 (which was with a case officer and with Nick Paterson, the GM Fraud and Corruption) summarised the facts and circumstances of the Citifleet issues and sought the view of the SFO.
It is then the SFO’s decision as to whether they commence their own investigation. This is based on the criteria set out on their website (copied below)

● There are multiple victims (usually investors) of the suspected fraud

● The sum of money lost exceeds $2,000,000

● The alleged criminal transactions have significant legal or financial complexity beyond the resources of most other law enforcement agencies.

In the case of bribery or corruption matters, we focus on crimes involving public officials, which could undermine public confidence in the administration of laws

Based primarily on the fact that the main suspect was deceased and that the actions appeared to be those of one corrupt individual rather than fitting within the definition of bribery and corruption, the GM Fraud and Corruption decided that the best course of action was for Deloitte to complete its investigation and provide a copy of the report at the conclusion of its work. During the investigation and with permission from DCC, Deloitte provided an update on the investigation to SFO on 07 July 2014 via letter. A copy of the full report was provided on 21 August 2014. We have heard nothing back from the SFO to date.

As to confidentiality, these OIA replies are all able to be made public and as such they will be published on the website and I will be providing a copy of the information to all Councillors.

Regards
Sandy [Group Manager Corporate Services, DCC]
—— End of Forwarded Message

[ends]

Note: The auditors that Dunedin City Council has contracted to investigate fraud carry the name Deloitte New Zealand, or simply Deloitte. Link

—

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—

Posted by Elizabeth Kerr

Tim Hunter on Ward, McLauchlan, Hayne #Highlanders

Sunday Star-Times 18.5.14, Business (page D7)

● Tim Hunter is deputy editor, Auckland Business Bureau at Fairfax Media.

—

Comment received at What if? Dunedin

Anonymous
Submitted on 2014/05/18 at 3:54 pm

Connect the dots

McLauchlan -> Project Delivery Team -> Carisbrook Stadium Trust
McLauchlan -> Delta -> Otago Highlanders
McLauchlan -> University of Otago -> Otago Highlanders
McLauchlan -> Dunedin Casino -> Earl Hagaman -> SH88
McLauchlan -> SDHB -> Southlink Health dispute
McLauchlan -> Dunedin Casino -> Trevor Scott -> Chris Swann -> Christine Keenan

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—

Posted by Elizabeth Kerr

Delta, Carisbrook, Fubar Stadium —Councillors “weak”, or worse

ODT Letter to the editor 15.7.13 (page 8)

—

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*Use search box at right to find out more.

—

Posted by Elizabeth Kerr

Public Service and Integrity —Sunday Morning, RNZ National

Updated Post 7.4.13

Radio New Zealand National
Sunday Morning with Chris Laidlaw
Listen on 101 FM or online at radionz.co.nz
Link to Twitter page from their website: http://www.radionz.co.nz/sunday

7 April 2013
8:43 Suzanne Snively – Public Service and Integrity
The New Zealand public sector has long enjoyed a reputation as one of the least corrupt in the world. Suzanne Snively, from anti-corruption watchdog Transparency International NZ, talks to Chris about the 100th anniversary of this country’s Public Service Act – its importance to our democracy and how it affects the lives of all New Zealanders. (16′33″)
Audio | Download: Ogg Vorbis MP3 | Embed

—

Related Post:
16.6.11 “Dunedin” – we introduce Transparency International UK

—

Posted by Elizabeth Kerr

Public service causing “paralysis of democracy” with OIA requests

The following article is reproduced here in full, in the public interest.

—

### NZ Herald Online 5:30 AM Thursday Mar 21, 2013
Ombudsman to investigate OIA response
By David Fisher
The agency charged with reining in the power of government is to investigate the way public bodies are releasing information as citizens complain of being shut out. The Office of the Ombudsman is to begin its own investigation into the way the public service is responding to the Official Information Act as allegations are made of a “paralysis of democracy”.

The office is struggling to cope with a large increase in complaints from the public who have sought help. Deputy Ombudsman Leo Donnelly has begun writing to those who have complained saying it doesn’t have enough staff to handle the work load.

In response to a complaint from The Herald, Mr Donnelly said the office had 450 complaints it had been unable to assign to investigators because of the volume of work. He said staff were dealing with 2800 complaints.

In contrast, the Ombudsman’s office told a parliamentary select committee it finished the 2011 year with 1359 complaints and the 2012 year with 1746 complaints. Mr Donnelly said this will be a factor in an investigation into the way the act was handled across the public service.

He said the inquiry would aim to discover if the delay was caused by the way public agencies responded to requests.
He said the law stated information should be released unless there was good reason to withhold it.

A recent investigation into the Ministry of Education’s handling of requests to do with Christchurch schools raised questions about the processes used by government agencies to deal with requests.

Constitutional lawyer Mai Chen said the problems raised questions about how well public servants understood a law intended to give balance to the “David and Goliath” inequality between citizen and government. “I am concerned that officials sometimes reflect their ministers. I’m concerned some of the reticence may reflect the priorities that ministers give to compliance with legislation.” She said the government expected citizens to comply with laws and it should do so with the act. “If they don’t mean to do it, they should repeal it.”

Both the Green Party and Labour Party have spokeswomen for open government – with Labour’s Clare Curran, saying it would become a ministerial responsibility when the party was next in office. “There is an emerging crisis with our watchdog agencies,” she said. “It is a paralysis of democracy.”
NZH Link

—

Posted by Elizabeth Kerr

‘The Public’s Right to Know’ – OIA Review

Official Information Act (OIA)
“At present, the Ombudsman was in charge of investigating complaints under the Act, but did not have any wider responsibilities. […] An information commissioner could be created, who would perform a similar role to the Privacy Commissioner or Human Rights Commissioner.”

### ODT Online Thu, 26 Jul 2012
Review recommends broader scope for OIA
Source: NZ Herald
The Law Commission has recommended that all publicly funded agencies should be subject to official information requests, including courts, universities and boards of trustees. The commission has made more than 100 recommendations in “The Public’s Right to Know”, a review of the Official Information Act (OIA) which was tabled at Parliament yesterday. Lead commissioner for the report Prof John Burrows said main principles of the 30-year-old Act were sound, but it needed to be upgraded for the digital age.

“We think there’s a case now for saying if a body is receiving public funding and is performing a public function it should be accountable under the OIA.”

The review also recommended re-drafting some of the grounds for withholding information – such as “good government” and “commercial sensitivity” – which were unclear.

The Justice Ministry and Department of Internal Affairs would consider the recommendations, and were expected to act on them within six months.
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Posted by Elizabeth Kerr