What is the OIA, how does it help, and why does it matter?

Thursday, 14 March 2019

Want to keep an eye on your local MP? This video will explain how the OIA can help.

As Stuff launches the Redacted project examining the problems with the Official Information Act, Charlie Gates explains just what the Act is.

You've probably heard about the Official Information Act (OIA). Whether you care about it is something else entirely. So we've decided to outline how the law works and why it matters.

The law, often just called the OIA, was passed in 1982 and lets people ask the government or any public body for information. Hundreds of public bodies and government departments are subject to the law.

It doesn't just apply to journalists, but is for anyone who wants to know how their taxpayer money is being spent and how decisions are being made in their name.

* Government: 'Hold your horses' on transparency

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* Editorial: officials are ratting on the Official Information Act

Hundreds of public bodies are subject to the OIA.

* Price-tag on information requests from media a troubling sign

* Official Information Act request charges for media in spotlight**

Agencies have to respond within 20 working days and you can appeal to the Ombudsman if you are not happy with an OIA decision.

Before the law, government information was covered by the Official Secrets Act, which assumed secrecy unless otherwise stated. But the new law assumes information should be public.

Information can still be withheld on certain grounds, including national security, personal privacy, commercial sensitivity and contempt of court.

But, why is freedom of information so important?

Prime Minister John Key in 2014. He admitted that the Government sometimes gamed the OIA system.

One of the main benefits is that it keeps our politicians accountable.

US Supreme Court judge Thurgood Marshall summed it up it well in 1978.

'The basic purpose of freedom of information laws is to ensure an informed citizenry, vital to the functioning of a democratic society, needed to check against corruption and to hold the governors accountable to the governed.'

This sentiment was echoed by New Zealand's Chief ombudsman George Laking in June 1982.

'A better informed public is better able to understand the basis of government policy,' he told the Evening Post.

But, does the OIA law work?

Government figures show about 93 per cent of the 42,008 OIA requests handled in 2016/17 were answered within the legal timeframe.

The new Stuff series Redacted explores the Official Information Act.

Excessive redactions and tardy responses have led to a rallying cry for reform of the OIA.

But, research shows most government departments respond to OIA requests at the absolute last moment possible.

In 2014, then prime minister John Key basically admitted that responses are held back to the last minute for strategic reasons.

'Sometimes we wait the 20 days because, in the end, Government might take the view that's in our best interest to do that.'

Concerns about the value of the OIA are not new. They were raised when the act was being debated in 1982. Coalition for open government spokesman Keith Johnston told the Evening Post in December 1982 that the act could encourage greater secrecy.

'If departments are of a mind to keep information secret, there is plenty of scope for them to do that.'

'I believe people will get some more information of a general kind, but pieces of information which are politically sensitive will be as difficult, if not more difficult, to obtain than before.'

Sure enough, in 2019, many are complaining that OIA requests are excessively redacted and conceal more than they reveal. This discontent has roughly formed around the Twitter rallying cry #FixTheOIA.

There was some good news in early March when the Government announced it was seeking feedback on whether a review of the legislation was warranted. If you'd like to give some feedback, you can do so here.

Tell us your experiences with the Official Information Act. Submit to Stuff Nation or email newstips@stuff.co.nz.