Former chief ombudsman Sir Peter Boshier has called for urgent reforms to the Official Information Act (OIA) after revealing he once threatened to refer Te Whatu Ora to the Solicitor-General for prosecution due to persistent non-compliance. Boshier, who served as ombudsman from December 2015 to March 2025, cited a lack of legal consequences for agencies that ignore information requests as a primary failure in the current system.
Why is the Official Information Act facing calls for reform?
The push for legislative change follows a report by consultancy firm TBL, which estimates the annual cost of processing OIA requests has surged by 293 percent over the past decade. According to the report, costs rose from $46.7 million in the 2015/16 financial year to $183.6 million in 2024/25, with projections suggesting expenses could reach $342 million by 2030/31. Critics of the current system, including investigative journalist Andrea Vance, argue that the absence of penalties for agencies that withhold information undermines democratic transparency.
Police requests account for up to 47 percent of all OIA activity. However, the Ombudsman’s office notes this spike is largely attributed to a 2018/19 change in reporting processes that began counting routine media enquiries as formal OIA requests.
How do agencies handle information requests?
Boshier observed that many government agencies struggle with a “multi-layered” approach to information requests, frequently treating simple queries as complex, time-consuming tasks. During his tenure, Boshier handled over 14,000 complaints and conducted 37 proactive investigations. He noted that agencies often exhaust the full 20-day statutory response window for requests that could be answered much faster. He characterized the bureaucratic response in some departments as “making a mountain out of a molehill,” noting that this inefficiency hampers the public’s right to participate in government decision-making.
What are the proposed solutions for OIA non-compliance?
Proposed reforms focus on two main areas: structural independence and legal accountability. Andrea Vance advocates for the creation of independent, dedicated teams within government agencies specifically tasked with handling information requests to separate them from standard departmental workflows. Furthermore, there is growing support for introducing penalties for agencies that fail to release information. Currently, the OIA lacks a mechanism to punish departments that hold back data until a time that is “politically convenient,” a practice that advocates argue erodes public trust.
When filing an OIA request, keep your language specific and narrow. Agencies are more likely to delay or decline requests that are overly broad, as these are often flagged for lengthy internal legal review.
Frequently Asked Questions
Are there penalties for agencies that ignore OIA requests?
Currently, there are no direct financial or legal penalties for agencies that fail to comply with the Official Information Act, a gap that former chief ombudsman Sir Peter Boshier has identified as a significant legislative flaw.
Why have the costs of OIA requests increased so significantly?
While the TBL report cites a 293 percent increase in costs, data indicates that a significant portion of this growth stems from administrative changes, such as the police reclassifying media enquiries as formal OIA requests starting in 2018/19.
What percentage of public spending goes toward OIA compliance?
Critics of the rising cost estimates point out that the $180 million annual figure represents approximately 0.25 percent of total annual public spending, arguing that transparency remains a cost-effective pillar of democracy.
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