NEET moving online: Education Ministry prepares CBT upgrade for future exams

A recent leaked video has raised concerns about officials in New Zealand's Education Ministry attempting to circumvent the Official Information Act (OIA). The chief ombudsman has launched a formal inquiry based on the video, which shows an official discouraging the sharing of information with the education minister’s office in writing, as it could be "OIA-able" or discoverable by the public.

While this instance may seem alarming, it is not a new occurrence. Journalists and advocates have long complained about officials and ministers subverting the OIA, particularly the provision allowing ministers to withhold advice from officials. In fact, Transparency International New Zealand recently published a green paper highlighting chronic delays, defensive cultures within the public service, ministers interfering in officials' decisions, and the Ombudsman's insufficient power to address these issues.

The OIA has faced calls for reform since 1997 and 2012, when the New Zealand Law Commission recommended an overhaul. Despite these recommendations, the government has not acted. In 2020, a report commissioned by the Ministry of Justice estimated the cost of meeting freedom-of-information expectations at NZ$175-250 million annually. A more recent report suggested the cost is due to a growing number of requests, non-standardized systems across government, and a lack of capacity and capability within agencies.

If a review is conducted, it would be the first proper revisiting of the OIA since its initial passage in 1982. The law was designed by officials, not politicians, to ensure transparency and accountability. However, it has been hindered by the "no surprises" rule in the Cabinet Manual, which discourages officials from releasing sensitive information and harms the principle of freedom of information.