On the precipice? The operation of the Official Information Act within government agencies and assessing the efficacy of results-based accountability regimes

Abstract

When the 1982 Official Information Act (OIA) became law in New Zealand it ushered in a new era of open, transparent governance which has since developed in a keystone of the nation’s democracy. However, nearly 30 years later, the purposes of the Act and its constitutional role have come under threat as government agencies and Ministers alike increasingly utilise the Act improperly and illegally to further their political interests. This paper seeks to elucidate the contemporary state of official information law in New Zealand and expose the dire state of the Act’s operation at present. In light of this state of affairs, this paper then turns to look at the new proposal and policy approach the Office of the Ombudsman announced in early 2016. The strategy the Ombudsman intends to utilise to address the current problems facing the Act is an example of a ‘results-based accountability model’, an approach of public sector management which has become relatively common over the past few decades. However, while these models can have notably positive effects on internal management and performance, when the Ombudsman’s proposal is analysed against the theoretical framework of a successful results-based model it becomes apparent that there is a significant disparity. The Ombudsman’s specific proposal is incapable of being implemented as a results-model should be and indeed the particular context of the OIA’s operation in government agencies is largely incompatible with some of the fundamental aspects of such a regime. As such concerning position of official information in New Zealand will remain effectively unaddressed so long as the Ombudsman continue to pursue their current policy.