The Transparency Threat

Outgoing Chief Ombudsman and Power Lawyer Peter Boshier warns that New Zealand’s standing as a global transparency leader is deteriorating as government officials increasingly pursue legislative exemptions from the Official Information Act (OIA), undermining public oversight of governmental activities.

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In his interview with LawNews, Boshier delivered pointed criticism of Health New Zealand’s “disgraceful” OIA compliance record and characterized the Corrections Department’s approach to essential reforms as “glacial”.

Boshier, concluding nearly a decade of service at age 73, maintains that while the OIA framework remains fundamentally sound after four decades, a cultural shift among implementing officials is imperative.

“The legislation clearly states ‘information shall be released to promote accountability and participatory democracy’—not that officials should first question whether disclosure is warranted,” Boshier emphasized.

“We need a realignment toward more permissive information sharing and less protectionism.”

“The default position should favor release unless compelling reasons exist to withhold”.

While commending Treasury and the Department of Prime Minister & Cabinet for their exemplary information disclosure practices, Boshier did not hesitate to identify underperforming agencies.

“Health New Zealand’s performance is particularly concerning,” he stated, noting that despite being relatively new, the agency generates an increasing volume of complaints regarding delayed decisions and information withholding.

Systemic Challenges

Boshier highlighted the Corrections Department’s failure to address his concerns about “cruel, inhuman and degrading” conditions for inmates in Auckland’s Prisoners of Extreme Risk Unit.

“Most agencies respect our office’s integrity and implement our recommendations promptly. Corrections, however, moves at an exceptionally slow pace when implementing necessary changes,” he observed.

He also referred to the proliferation of legislative “carve-outs” exempting certain areas from OIA scrutiny—a trend Boshier correlates with New Zealand’s decline from first to fourth position in Transparency International’s Corruption Perceptions Index between 2021 and 2024.

“While New Zealand maintains a respectable global standing, we previously held the top position,” he noted. “The introduction of bills containing OIA exemptions directly contributes to our declining transparency ratings.”

Boshier advocates for enhanced penalty provisions within the OIA framework to ensure meaningful consequences for non-compliance.

He suggested that obstacles to information disclosure would diminish significantly if responsible parties faced penalties comparable to workplace health and safety violations.

“Media representatives frequently express frustration when requested information isn’t provided within reasonable timeframes.”

“The criticism that the Act lacks sufficient enforcement mechanisms is valid. This warrants serious consideration—the status quo is unsustainable.”

Despite these challenges, Boshier takes pride in significant achievements during his terms as Ombudsman, including the elimination of tie-down beds in prisons, ending the seclusion of autistic children in schools, and addressing inequities in the MIQ booking system during the pandemic.