Office of the Ombudsmen
Te Tari-o-Ngā Kaitiaki Mana Tangata
Media release

Ombudsmen report worrying trend over official information disclosure

The Office of the Ombudsmen has taken issue with government agencies claiming information is so sensitive that the Official Information Act should not apply.

That would mean that the information could be withheld and there would no independent review of the decision.

In its Annual Report to Parliament tabled today (Thursday) the Ombudsmen describe the move as a “worrying trend” and inconsistent with the purpose of the legislation.

“One of the purposes of the Official Information Act (OIA) is to protect official information consistent with public interest,” the Ombudsmen say in their report.

“It is somewhat bizarre to hear agencies argue that certain information is so sensitive that the only way to protect it is for the OIA not to apply.”

The Ombudsmen say that seeking to exclude the application of the OIA to a class of information or a particular agency is a blunt instrument that inherently risks allowing the withholding of information whether it needs protection or not.

“If there is a concern that the withholding provisions of the OIA do not provide adequate protection the appropriate step is to seek amendment of the Act. That allows open and transparent debate and proper accountability to be taken before withholding provisions are strengthened.”

The report says that the OIA contributes to transparency, accountability and ultimate good governance of the public sector.

“Proposals to exclude the OIA on the basis of a need for greater protection should always be regarded with a healthy degree of suspicion,” say the Ombudsmen.

ENDS

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