Peter Boshier has spend nine years as Chief Ombudsman. Photo: RNZ / Screenshot
The departing Chief Ombudsman says its time to consider tougher penalties for government departments that break the rules laid out in the Official Information Act.
Peter Boshier has released a list of concerns about the Official Information Act before his departure at the end of the month.
He told Morning Report the Act was still fit for purpose, but it was the attitude of agencies that needs to change.
"The real issues are not with the law. They centre on 'culture' and that involves trust, behaviour and leadership. Bad behaviour undermines the OIA. The Act's not the problem, it's the attitude that needs to change."
Some 14000 OIA complaints had come across his desk during his nine years on the job, and during that time the OIA emerged one of the most important acts he dealt with, he said.
"People have the right to make those decision-makers that affect them accountable, they've also got the right to participate in democracy."
He said these things needed to be done in a quick and timely manner.
"Yet many government agencies leave things to the last moment, don't have a culture of releasing information - sometimes to protect them - and often, not enough training and not enough emphasis on the importance of it."
He said it was time to consider tougher penalties for government departments that persistently delay the release of information, such as holding chief executives personally responsible, as happens with Health and Safety legislation, as well as making meeting OIA requirements a key performance indicator for those in top jobs.
Increasing fines that were so low as to be "laughable" should also be on the table, he said.
Alongside his reflections, Boshier also released seven individual investigations into how timely agencies including Kainga Ora, Pharmac, Internal Affairs and Health NZ dealt with requests. He singled out Health NZ for criticism "because they are the naughty child".
"They are breaking the law by not releasing when they should, and at times, when they've said to me alright, we will release, they don't do it. It's making me very, very cross at the breach of the law."
"For a relatively new agency, Health NZ is generating an increasing number of complaints, mostly about the time it takes to make a decision, or its refusal to release parts or all of the requested information. Health NZ's record management, especially its inability to retrieve regional records, is an underlying factor. Two case notes that I have also released today, identify significant concerns with Health NZ's delays and administrative processes."
In a statement, Health New Zealand chief communications and government services officer Catherine Delore said the organisation accepted the Ombudsman's recommendations, and had already taken action in response.
"These include improving commissioning along with our audit, tracking and reporting documentation, increasing senior oversight of extension/decision processes, and ensuring staff complete the Ombudsman's OIA training.
"We will continue to make improvements, and we are updating the Office of the Ombudsman on our progress."
But Boshier said although there had been improvements across government, "far too many" agencies took a defensive approach to requests.
He was also concerned about record-keeping, which was a legal requirement under the Public Records Act 2005.
"Official information must be not only retained but be able to be retrieved. I have sometimes heard that public officials are pressured to avoid creating records for 'fear of them being OIA-d'. This is wrong. I believe this is an area of the law that needs strengthening."
Boshier also noted concerns about some OIA requesters using the law irresponsibly, by example, "by submitting requests that are vexatious, frivolous, or too large" which he said placed a huge burden on those responding.
Boshier's term as Chief Ombudsman ends on 28 March.
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