iustite term? i )9 mm Street Wellington JU. TICE 1. iv or,- hm inroewiustite govt he i ,ustice govt nz Official Inlormation Act request: Information on the Official Inlormatian Act 1981 (V we Our ref: OIA 81487 Thank you for your email of 24 April 2020 seeking the following under the official information Act 1932 (the CIA): "All documents, correspondence, and advice on any proposal to modify or suspend the BIA during the pandemic. lam specifically seeking correspondence with the Ombudsman, and information on whether any Minister was briefed at any stage, but alsa all internal advice on exactly what such a modification would lava/Va." in the week of 16 March 2020, the Ministry ofJustice's Policy Group began scanning the legislation it administers, in preparation for advising the Minister oflustice about the potential for any temporary modificationsto legislation under section 5 ofthe Epidemic Preparedness Act 2005. The CIA is administered by the Ministry, so fell within scope of this exercise. As a first step, a Justice official rang his counterpart at the State Services Commission to inform him thatlustice was assessing the need for any temporary modifications to the CIA. On Friday 20 March, a Justice official contacted the Office of Ombudsman, inviting a discussion about the case for a modification order. On Monday 23 March the Ombudsman responded. He noted that he had discussed the matter with the Solicitor General and advised thata modification orderwas not required. He stated that he would instead issue guidance to agencies about how to manage OIA requests over the lockdown period. There was then a follow up contact on 25 and 27 March between a Ministry ufficiai and the Solicitor General about whethera temporary modification to the cm should be considered, including whether there was any need to provide more flexibility for extensions to the statutory response timeframe. This correspondence is attached. Some information, including the correspondence with the Solicitor General, has been withheld under the following sections ofthe OIA: . section . privacy of natural persons and; . section maintain legal or professional privilege. lam satisfied that there are no other public interest considerations that render it desirable to make avaiiable the information withheld under these sections. If you are not satisfied with my response, you have the right to complain to the Ombudsman under section 28(3) of the OIA. The Ombudsman may be contacted by email at info@ombudsman.parliament.nz Yours sincerely Rajesh Chhana Deputy Secretary, Policy Encl: Appendix and released documents Doc # 1 2 Date 23/03/2020 – 27/03/2020 23/03/2020 – 16/04/2020 3 24/03/2020 4 28/04/2020 Description Email correspondence: RE: Official Information Act 1982 administration during COVID-19: our ref 523778 [CLO-Docs.SLG001.7.FID422494] Email correspondence: RE_ FAQs_ Official Information Act 1982 administration during COVID-19_ our ref 523778 Email: Request: Assessment of legislation to advise whether s15 order under EPA required Aide memoire: 20200428 AM – Official Information Act note to Minister Provided by the Ministry of Justice to the Minister of Justice to summarise Ministry communications with the Office of the Ombudsman and the Solicitor-General on how the OIA would operate during the COVID-19 Level 4 period. Status Withheld in full OIA section 9(2)(h) Released in part 9(2)(a) Released in part 9(2)(a) Released in part 9(2)(h) Hi Caroline 19 Kate Goodman Greaney, Caroline RE: FAQs: Official Information Act 1982 administration during COVID-19: our ref 523778 Thursday, 16 April 2020 8:44:11 AM image001.jpg image002.jpg AC T From: To: Subject: Date: Attachments: 82 Document 2: RE_ FAQs_ Official Information Act 1982 administration during COVID-19_ our ref 523778 RM AT IO N The FAQs are now available on our website here. The PDF version is much nicer to look at and searchable, so I would suggest that version. We haven’t had any other feedback from agencies yet but we might get some in the coming days and weeks as requests come to their due days during the lockdown period. I will keep you in the loop. Thanks Kate AL I NF O From: Kate Goodman Sent: Thursday, 9 April 2020 11:18 AM To: 'Greaney, Caroline' Subject: RE: FAQs: Official Information Act 1982 administration during COVID-19: our ref 523778 Hi Caroline FI CI Thanks for this, really appreciate you getting back to me today. Agree that this could be a pretty regular situation, especially if the lockdown extends. We’re working to get a consistent approach with Crown Law at the moment so I’ll let you know if/when we achieve that! OF Will do – we are frequently receiving updates from agencies so if anything major pops up that might require guidance or a change to the Act we will let you know that ASAP too. TH E Thanks Kate Kia ora Kate DE R From: Greaney, Caroline Sent: Thursday, 9 April 2020 11:14 AM To: Kate Goodman Subject: RE: FAQs: Official Information Act 1982 administration during COVID-19: our ref 523778 ED UN Thanks for the opportunity to review the draft guidance.  In respect of the grounds for refusing requests where the information cannot be accessed due to the need to go to the office, 18(c)(i) works well. It would be reall helpful if there could be alignment between the Crown Law guidance and your own on this matter We think this situation may  arise relatively frequently, and it will be important that agencies take a consistent approach. RE LE AS And on a slightly different, but related note - we’re still keeping an eye on whether any temporary modification is needed to the Act over this period. We’d appreciate it if you could share any feedback you receive about how agencies are meeting their OIA obligations and, in particular, whether any issues are arising that (in their view) cannot be sufficiently addressed through guidance. Very happy to discuss – please feel free to give me a call. 1 82 19 RM AT IO N Caroline Greaney General Manager, Civil & Constitutional Policy Group Ministry of Justice Tāhū o te Ture P +64 4 918 8584 Ext 58584 s9(2)(a) caroline.greaney@justice.govt.nz justice.govt.nz AC T Ngā manaakitanga Caroline NF O From: Kate Goodman Sent: Thursday, 9 April 2020 8:43 AM To: Greaney, Caroline Subject: RE: FAQs: Official Information Act 1982 administration during COVID-19: our ref 523778 Hi Caroline AL I Forgot to include this in my last email – we’re not requiring a formal onsultation’ on these, so no need to put in heaps of effort/time, as I know that you’re really busy! CI The only question that doesn’t have an established answer is the one that I pointed out, everything else is very standard. OF FI From: Kate Goodman Sent: Thursday, 9 April 2020 8:38 AM To: 'Greaney, Caroline' Subject: FAQs: Official Information Act 1982 administration during COVID-19: our ref 523778 E Good morning Caroline R TH The Ombudsman is looking to publish a set of frequently asked questions for agencies and requesters covering requests for official information during COVID-19 (current version attached). They will be published later today or early next week and we will be updating these as new issues arise or the situation changes. ED UN DE The FAQs don’t all relate to the operation of the OIA necessarily, they’re more concerned with practical steps for agencies responding to requests during COVID-19. The answers themselves are mostly taken from our already public guidance about the OIA/LGOIMA. However, there is one question (‘How should we respond to a req est if the information requested is not accessible?’) where our answer differs from the Solicitor-General’s advice. We have contacted the Solicitor-General and Crown Law about this and also for general feedback. AS Apologies for the short notice, if you have any feedback please let me know. As mentioned, we will be updating these as things change if needed so if you have feedback please don’t hesitate, even if it isn’t today RE LE Happy to discuss. Kind regards Kate 2 82 19 AC T Kate Goodman Senior Advisor, Strategic Advice Office of the Ombudsman Tari o te Kaitiaki Mana Tangata RM AT IO N DDI 04 471 9110 Phone 04 473 9533 Fax 04 471 2254 Email Kate.Goodman@ombudsman.parliament.nz www.ombudsman.parliament.nz PO Box 10152, Level 7, SolNet House, 70 The Terrace, Wellington AL I NF O IMPORTANT: The information contained in this email may be confidential or legally privileged. It is intended solely for the recipient or recipients named in this message. Please note that if you are not the intended recipient you are not authorised to use, copy or distribute the email or any information contained in it. If you have received this email in error, please advise the sender immediately and destroy the original message and any attachments. FI CI From: Greaney, Caroline Sent: Tuesday, 24 March 2020 3:29 PM To: Kate Goodman Subject: RE: Official Information Act 1982 administration during COVID-19: our ref 523778 OF Many thanks Kate! I know this will be very much appreciated. Caroline Greaney General Manager, Civil & Constitutional Policy Group Ministry of Justice Tāhū o te Ture P +64 4 918 8584 Ext 58584 s9(2)(a) caroline.greaney@justice.govt.nz justice.govt.nz UN DE R TH E Ngā manaakitanga Caroline ED From: Kate Goodman Sent: Tuesday 24 March 2020 3:21 PM To: Greaney, Caroline Subject: RE Official Information Act 1982 administration during COVID-19: our ref 523778 AS Hi Caroline RE LE It went up almost immediately after I sent that email! https://www.ombudsman.parliament.nz/news/chief-ombudsmans-statement-official-informationresponse-times-during-covid-19-emergency 3 82 19 Thanks Kate   NF O RM AT IO N AC T From: Kate Goodman Sent: Tuesday, 24 March 2020 3:12 PM To: 'Greaney, Caroline' Subject: RE: Official Information Act 1982 administration during COVID-19: our ref 523778   Hi Caroline   Apologies for the delay in coming back to you – we’ve all been busy setting up working from home!   Of course, I’ll let you know if I’m aware of any other discussions. The Ombudsman will be publishing his formal statement to requestors/agencies this afternoon so I will send you through a ink once it’s up.   Thanks Kate   R Sent from my iPhone   TH E OF FI CI AL I From: Greaney, Caroline Sent: Monday, 23 March 2020 3:42 PM To: Kate Goodman Cc: Alex Schröder ; Bridget Hewson Subject: Re: Official Information Act 1982 administration during COVID-19: our ref 523778   Thanks Kate, very helpful. We would appreciate being in luded in discussions (even if it’s just on a FYI basis), as the agency responsible for the OIA. Both our Minister and Chief Executive will be interested in arrangements in relation to legislation we adm nister - as you can appreciate we are working through similar questions on the operation of many pieces of legislation.   Happy to discuss at any point - please feel free to give me a call    Kind regards Caroline  UN DE On 23/03/2020, at 3:35 PM, Kate Goodman wrote: RE LE AS ED Dear Caroline   Thank you for your time this morning.   The Chief Ombudsman has discussed with the Solicitor General the issue of a possible recommendation for modifications of the Official Information Act 1982 under section 15 of the Epidemic Preparedness Act 2006.   As a result he agrees with the Solicitor General that The OIA has sufficient flexible provisions and mechanisms in place to allow agencies to manage requests during this difficult and rapidly evolving time. The Chief Ombudsman will be looking to issue guidance to agencies 4 Ngā mihi 82 19 RM AT IO N Kate Goodman Senior Advisor, Strategic Advice Office of the Ombudsman Tari o te Kaitiaki Mana Tangata AC T and requesters on the website to assist them. He will be doing this in consultation with the Solicitor General. DDI 04 471 9110 Phone 04 473 9533 Fax 04 471 2254 Email Kate.Goodman@ombudsman.parliament.nz www.ombudsman.parliament.nz PO Box 10152, Level 7, SolNet House, 70 The Terrace, Wellington NF O CI AL I IMPORTANT: The information contained in this email may be confidential or legally privileged. It is intended solely for the recipient or recipients named in this message. Please note that if you are not the intended recipient you are not authorised to use, copy or distribute the email or any information contained in it. If you have received this email in error, please advise the sender immediately and destroy the original message and any attachments. E OF FI IMPORTANT: The information contained in this email may be confidential or legally privileged. It is intended solely for the recipient or recipients named in this message. Please note that if you are not the intended recipient you are not authorised to use, copy or distribute the email or any information contained in it. If you have received this email in error, please advise the sender immediately and destroy the original message and any attachments. DE R TH Confidentiality notice: This email may contain information that is confidential or legally privileged. If you have received it by mistake, please: (1) reply promptly to that effect, and remove this email and the reply from your system; (2) do not act on this emai in any other way. Thank you. ED UN IMPORTANT: The information contained in this email may be confidential or legally privileged. It is intended solely for the recipient or recipients named in this message. Please note that if you are not the intended recipient you are not authorised to use, copy or distribute the email or any information contained in it. If you have received this email in error, please advise the sender immediately and destroy the original message and any attachments. RE LE AS Confidentiality notice: This email may contain information that is confidential or legally privileged. If you have received it by mistake, please: (1) reply promptly to that effect, and remove this email and the reply from your system; (2) do not act on this email in any other way. Thank you. 5 82 AC T 19 IMPORTANT: The information contained in this email may be confidential or legally privileged. It is intended solely for the recipient or recipients named in this message. Please note that if you are not the intended recipient you are not authorised to use, copy or distribute the email or any information contained in it. If you have received this email in error, please advise the sender immediately and destroy the original message and any attachments. RM AT IO N Confidentiality notice: This email may contain information that is confidential or legally privileged. If you have received it by mistake, please: (1) reply promptly to that effect, and remove this email and the reply from your system; (2) do not act on this email in any other way. Thank you. RE LE AS ED UN DE R TH E OF FI CI AL I NF O IMPORTANT: The information contained in this email may be confidential or legally privileged. It is intended solely for the recipient or recipients named in this message. Please note that if you are not the intended recipient you are not authorised to use, copy or distribute the email or any information contained in it. If you have received this email in error please advise the sender immediately and destroy the original message and any attachments. 6 McLean, Virginia Tuesday, 24 March 2020 4:48 PM DL-PG-Board; DL-PG-CHIEF ADVISORS; DL-PG-POLICY MANAGERS Request: Assessment of legislation to advise whether s15 order under EPA required AC T From: Sent: To: Subject: 19 Washington, Brady 82 Document 3: Request Assessment of legislation to advise whether s15 order under EPA required ON Kia ora koutou  NF OR MA TI Summary  Each team to assess statutes they administer and advise, as soon as possible, any changes they think are necessary  under the Epidemic Preparedness Act 2006 (EPA). Start with a rapid assessment, move onto priority statutes, then  remaining statutes with restrictions or requirements.  Communicate to your GM and me the results of the rapid  assessment by midday Thursday this week, and next Wednesday for the remaining statutes.  Background  The Prime Minister has made a s5 Order under the EPA, which unlocks the ability to do s15 orders.  S15 orders  provide for changes to be made to restrictions or requirements in laws where it is impossible or impractical to  comply with them, and it is reasonable necessary to make the changes.   OF FI C https://gazette.govt.nz/notice/id/2020‐go1368  IA LI She has also issued a s8 Order with respect to the Social Security Act and Immigration Act.  Both orders are worth a  read along with the EPA (s15 and more generally) to complete the tasks set out below.  https://gazette.govt.nz/notice/id/2020‐go1369  http://www.legislation.govt.nz/act/public/2006/0085/latest/whole.html#contents  Action required  TH E There are two broad tasks to complete:   Identify and prioritise statutes that need to be assessed.  Assess and advise necessary modifications. DE R Below is a link to spreadsheet of Justice legislation, which indicates the team it is with and where the Epidemic  Preparedness Act does not apply, as well as where legislation is jointly administered.  X:\COVID‐19\Legislation review for s15 order\Legislative overview for section 15 order.xlsx  ED UN To complete the first task  I suggested managers work with one or two SMEs in your teams to do a rapid assessment  and identify any top‐of‐mind statutes that may need to be changed.  Please advise me and you GM of these statutes  and provisions that may need amending by midday Thursday, so that we can potentially seek modification orders.  This will involve working the Ministry of Health and the Minister’s office.  AS For the other statutes, Jess and Sharlene suggest working through the attached decision tree to prioritise the  statutes:  LE X:\COVID‐19\Legislation review for s15 order\Decision tree for determining priority ‐ s15 work.docx  RE Sharlene and Jess have also suggested criteria to use when considering the lower priority legislation:   Level of obligation (individual / organisation / Govt)  Number impacted 1 7 82 Significance of implications on the effected level Significance of flow‐on effects AC T And finally, FYI Sharlene has completed an example priority assessment:  X:\COVID‐19\Legislation review for s15 order\Example decision tree for determining priority ‐ s15 work  (alcohol).docx  19   ON The trick is to not get too bogged down getting it perfect; the main thing is to identify any changes you think are  necessary as soon as you can.  NF OR MA TI For each Unit and/or Team, please:   start your own excel sheet and work through the statutes that belong to your teams,  complete the rapid assessment and advise the outcome of that work to your GM and me by midday Thursday  prioritise remaining statutes and assess  assess the remaining set of statutes. If you think you need to consult outside of government to complete the assessment, contact me and we will work  together to prepare key messages so that they can be reviewed and used consistently.  If you need to consult across  government, especially for jointly administered statutes, you can tap into your networks   IA LI If you have any ideas to improve this process please do share – I can be the first point of call or you can work  amongst yourselves and copy me in.  OF FI C Timeframe   Midday Thursday (26 March) – advise your GM and me the outcome of your rapid assessment  COP Wednesday (1 April) – advise your GM and me of the outcome of your full assessment Happy to discuss.  Virginia McLean  Chief Advisor, Policy Group  s9(2)(a) Part time – I work Monday‐Thursday  RE LE AS ED UN DE R TH E Ginny  2 8 82 Document 4: 20200428 AM - Official Information Act note to Minister 19 Epidemic Immeadiate Modification Orders and disussion about Official Information Act Hon Andrew Little, Minister of Justice T 28 April 2020 AC Purpose NF OR MA TI O N 1. This note sets out the discussions between the Ministry of Justice and the Office of the Ombudsman in relation to the operation of the Official Information Act in the context of COVID-19. Immediate Modification Orders under the Epidemic Preparedness Act 2. On 24 March 2020, the Prime Minister issued an Epidemic Notice under section 5 of the EPA. While an Epidemic Notice is in force the Governor-General may, by Order in Council made on the recommendation of the Minister of the Crown responsible for the administration of an enactment, modify any requirement or restriction imposed by the enactment. This is called an “Immediate Modification Order” 3. It is not possible to suspend an Act using an Immediate Modification Order. 4. Under section 15 of the EPA, a modification order can be made only if: FI CI A LI 4.1. the effects of the COVID-19 epidemic are, or are likely to be, such that the requirements or restrictions are impossible or impracticable to comply, or comply fully, with; and 4.2. the proposed modifications go no further than is, or is likely to be, reasonably necessary in the circumstances. E OF 5. The Ministry of Justice administers over 140 statutes. As with other agencies that administer legislation, in the week of 20 March we began to scan our legislation for areas where Immediate Modification Orders might be necessary, in anticipation of a potential Epidemic Notice being made. This included making contact with other agencies, as relevant, to inquire into whether hey considered a modification or relaxation of requirements in the Act was necessary. TH Contact with Office of Ombudsman DE R 6. Below sets out the timeline of interactions with the Office of the Ombudsman regarding the Official Information Act in the context of COVID-19. 6.1. Friday 20 March: Justice official left a voice message with the Office of Ombudsman inviting a discussion about the OIA Act and whether we should be looking at a modification order. UN 6.2. Monday 23 March: Advisor at Office of Ombudsman returned the phone call. The Justice official: explained the purpose of an IMO under the Epidemic Preparedness Act, and that we were scanning all of our legislation to see if any IMOs might need to be considered, if an Epidemic Notice Act were made. • indicated that we were interested in whether any of the statutory requirements in the Official Information Act might be impracticable to comply with. The statutory RE LE AS ED • Approved by: Rajesh Chhana, Deputy-Secretary, Policy. 9 82 19 AC T timeframes for responding to requests as an example of a specific statutory requirement was used as an example. invited the Office of the Ombudsman to let us know what their views were in relation to the Official Information Act, and particularly the statutory timeframes, and whether they thought an IMO should be considered. • The Advisor at Office of Ombudsman said they would consult thei colleagues and come back. NF OR MA TI O N • 6.3. Monday 23 March: Office of Ombudsman emailed with a response. It said: “The Chief Ombudsman has discussed with the Solicitor General the issue of a possible recommendation for modifications of the Official Information Act 1982 under section 15 of the Epidemic Preparedness Act 2006 LI As a result he agrees with the Solicitor General that The OIA has sufficient flexible provisions and mechanisms in place to allow agencies to manage requests during this difficult and rapidly evolving time. The Chief Ombudsman will be looking to issue guidance to agencies and requesters on the website to assist them. He will be doing this in consultation with the Solicitor General.” FI CI A 6.4. Tuesday 24 March: Office of Ombudsman shares that Chief Ombudsman released public statement on official information response times during the COVID-19 emergency: https://www.ombudsman parliament.nz/news/chief-ombudsmansstatement-official-information-response-times-during-covid-19-emergency OF 6.5. Thursday 9 April: Office of Ombudsman advised that it was looking to publish a set of frequently asked questions for agencies and requesters covering requests for official information during COVID-19, and invited feedback prior to publication. UN DE R TH E 6.6. Thursday 9 April: We responded to the Office of Ombudsman, expressing support for the guidance, and in pa ticular the suggested approach the grounds for refusing requests where the information cannot be accessed due to inability to access records in offices. We suggested it would be really helpful if there could be alignment between the Crown Law guidance and Ombudsman on this matter. We also indicated that we were “still keeping an eye on whether any temporary modification is needed to the Act over this period” and that we would appreciate it if the Office could share any feedback it received about how agencies are meeting their OIA obligations and, in particular, whether any issues are arising that (in their view) cannot be sufficiently addressed through guidance. Media reporting and the Ombudsman’s response ED 6.7. Following reporting by Newsroom on Thursday 23 April 2020, and a media query to the Ministry of Justice, a response attributed to Rajesh Chhana (Dep Sec, Policy) was provided. A copy is attached. RE LE AS 6.8. On Friday 24 April 2020, in response to the media reporting, the Chief Ombudsman Mr Peter Boshier contacted the Ministry and asked that our Chief Executive be advised that “What is in your statement, is accurate.” A copy is attached. 10 82 19 AC T 6.9. On Friday 24 April 2020, the Chief Ombudsman also shared with the Ministry a message that he sent to the Newsroom reporter in which he clarifies. A copy is attached. N Contact with the Solicitor-General IO 7. For completeness, we note that there was also discussion on 26/27 March between the Ministry of Justice and the Solicitor-General about whether an IMO for the Official Information Act should be considered in the context of COVID-19. NF OR M 8. s9(2)(h) 9. We were somewhat reassured by the Chief Ombudsman’s view that the issues can be managed within the existing provisions, support by guidance We didn’t form a view on this idea, and did not progress further consideration of an MO due to a lack of information about whether agencies were having difficulted meeting the timeframes. LI 10. The Ministry of Justice did not provide any advice to the Minister about these ideas, as the discussions did not result in any proposal for a modification. RE LE AS ED UN DE R TH E OF FI CI A 11. We supported the development of guidance by the Office of the Ombudsman and the Solicitor-General. 11 82 19 N To be attributed to Rajesh Chhana, Deputy Secretary, Policy: AC T ATTACHMENT 1: Ministry of Justice statement to Newsroom (Thursday 23 April 2020) NF OR MA TI O “The Epidemic Preparedness Act enables legislative restrictions or requirements to be relaxed, by Order in Council, where the restriction is impossible or impracticable to comply with during an epidemic. When the Epidemic Notice was issued, all government agencies considered whether legislation they administer had such restrictions or requirements, in order to determine whether they should be relaxed to allow people to meet them during the lockdown periods. The Ministry of Justice administers the Official Information Act (OIA). As part of scanning the legislation that it administers, it sought the Ombudsman’s and Solicitor General’s view on whether any temporary modifications to the OIA would be required. At no point did the Ministry consider suspension of the Act. FI CI A LI The Ombudsman and Solicitor General were of the view that the OIA is sufficiently flexible as is, and no temporary modifications are required. They indicated that they would prepare guidance on how to deal with situations where public servants cannot access their workplaces and hence respond to OIA requests on time. This guidance has now been issued. OF The Official Information Act, and the principal of availability of information, is very important in a well-functioning democracy. The Ombudsman’s advice on how to deal with official information requests during the COVID-19 pandemic is timely and useful. TH E The Ministry will, as is its statutory duty, continue to monitor the effective functioning of the Official Information Act over this period, in conjunction with the Office of the Ombudsman and the Solicitor General.” RE LE AS ED UN DE R Background: The guidance, available here, notes that if the information requested is not available remotely, agencies should not enter premises that are required to be closed during the lockdown in order to retrieve it. This would be in breach of orders made by the Director-General of Health. In such cases a request may be refused under section 18(c)(i) of the OIA. Agencies should provide an explanation as to why they are unable to access the information at issue without breaching the Director-General’s orders, and explain that requesters may resubmit their request again at a later date. 12 82 19 AC NF OR MA TI O N From: Peter Boshier Sent: Friday, 24 April 2020 12:40 PM To: Mills, Hannah Cc: Mark Torley ; Bridget Hewson Subject: Newsroom article T ATTACHMENT 2: Email from Chief Ombudsman to Ministry of Justice (Friday 24 April) Dear Hannah I am replying to you directly, because the newsroom report on this particular issue has bothered me. I have already remarked to my staff that the reporter has drawn a very long bow from comments I actually made. What is in your statement, is accurate. I would be most grateful if you could advise Andrew Kibblewhite of the correct position. Sadly, misconstructions can occur – it's life! LI Best regards RE LE AS ED UN DE R TH E OF FI CI A Peter Boshier 13 82 19 AC N NF OR MA TI O From: Mark Torley Sent: Friday, 24 April 2020 3:44 PM To: Mills, Hannah Subject: FW: Article published this morning on the Official Information Act T ATTACHMENT 3: Email from Chief Ombudsman to Newsroom (Friday 24 April 2020) Hello again Hannah, The Chief Ombudsman has asked me to send you a copy of an email he has just sent to Sam Sachdeva in response to his article this morning. Could you please pass this on? Have and safe and happy long weekend. Kind regards Mark Dear Sam LI I have read your article published this morning on the Official Information Act and I wish to clarify some points with you. FI CI A The vast majority of our interview this week was about how my office was performing in terms of its response to complaints under the Act during the pandemic, the guidance we have given to agencies and the proactive release of information. I felt I had a positive story to tell. I am disappointed you focussed on one aspect of our discussion in your story. TH E OF I did not intend to suggest to you that the Official Information Act itself was to be suspended. What I hoped to have made clear was that some operational parts of the Act were being considered for suspension by way of temporary amendment as part of the emergency response. DE R In the article, you stated that I was “forced to intervene in government plans”. I think this goes too far. I indicated during our interview that discussions about the Act were at a policy advisor level by way of consultation and I must stress to you that no one at a ministerial level was involved. ED UN Officials consulted with my office about whether any provisions contained in the Official Information Act should be relaxed or temporarily amended as part of the emergency response to the pandemic. RE LE AS I felt the public’s right to access meaningful information in a timely manner was more crucial in these exceptional circumstances such as when the Government was about to invoke its powers under section 15 of the Epidemic Preparedness Act 2006. 14 82 19 AC T I discussed the issue with the Solicitor-General. We both believed the law was robust and flexible enough as it was and there were no provisions that required suspension or temporary amendment. NF OR MA TI O N I was very pleased that in the end no changes were made to the Official Information Act and it continues to operate as usual even in these challenging times. This is a fundamental matter to get right. The public’s confidence in the effective operation of the OIA during this time is critical. It goes to the heart of democracy. I think it would be important for Newsroom to clarify my position. Best regards Peter Boshier Chief Ombudsman LI Karen Carter Executive Assistant to Peter Boshier, Chief Ombudsman Office of the Ombudsman Tari o te Kaitiaki Mana Tangata RE LE AS ED UN DE R TH E OF FI CI A DDI 04 462 7843 Phone 04 473 9533 Mob 021 617 302 Fax 04 471 2254 Email karen.carter@ombudsman.parliament.nz www.ombudsman.parliament.nz PO Box 10152, Level 7, SolNet House, 70 The Terrace, Wellington 15