Government to rewrite Official Information Act

Tuesday, 7 July 2020

Redacted - how OIA information is stripped out, frustrating the public and journalists trying to get to the heart of an issue. (Video first published March 2019).

The Official Information Act will be rewritten, Justice Minister Andrew Little has revealed.

Public consultation about the law’s effectiveness revealed an apparently broken process, with OIA users complaining of excessive delays and deletions, overuse of vague withholding grounds, political interference and an ombudsman appeal process made ineffective by sometimes years-long waits.

Those responding to requests also said the process did not work well.

**READ MORE:

Redacted: The Official Information Act matters. But right now it's not working.

* How do we solve a problem like the Official Information Act?

* Ministry to analyse public OIA submissions and report back to Justice Minister Andrew Little

* Official information denied as government agencies illegally refuse OIA request transfers, document shows

* Decision on official information review stalled

* 'We can do this better': Government departments look to review OIA processes

* Redacted - how information the public should know about disappears from view

* Hide and Seek: How politicians seek to hide your information away

Little said initial work was done last year on the scope of a review of the act but Covid-19 had delayed further progress.

Official Information Act responses often have so many deletions they are rendered meaningless.

“However, I am committed to a rewrite of the Official Information Act, and this work will take place in association with my colleague Chris Hipkins, Minister of State Services [Open Government].”

Freedom of information advocates applauded the review decision, but were frustrated it had taken so long.

Senior reporter Andrea Vance demonstrates how to seek information using the Official Information Act.

As part of the Open Government Partnership National Action Plan, the Justice Ministry promised to advise the Government by June 2019 whether it should review the law governing public access to official information.

The ministry eventually gave advice to Little in September 2019.

Open government advocate Andrew Ecclestone said the OIA rewrite was “very welcome news”, but it was disappointing the decision had been so long coming.

He called for an independent review of the law, with scope for public input.

Ecclestone believed the grounds for withholding information should be subject to a public interest test, there should be a comprehensive mechanism for proactive disclosure of information, and there should be a rethink of whether the ombudsman should continue to oversee the law or whether the Government should appoint an information commissioner.

However, he warned a review of the law could also be used to increase, rather than reduce, secrecy.

“Those concerned about freedom of information will need to get involved and push for greater openness.”

Thomas Beagle, of the Council for Civil Liberties, was glad the OIA would be rewritten, but was sceptical anything would change in a hurry.

“I would like to hear a bit more concrete detail about when it’s going to happen, because they have been putting off decisions for so long.”

Beagle hoped the law would be overhauled to reflect the growth of digital publishing and to encourage more proactive information release. He also called for stronger controls on political interference.

“While the OIA was a very important piece of legislation, it is now significantly out of date in terms of how we do things. I think it needs an overall rewrite.”