We completed 1,913 OIA complaints. This is significantly more than in recent years – 78% more than in 2011/12, and the highest number of OIA complaints ever completed. We also completed 245 LGOIMA complaints, up from 217 in 2011/12. We finished the year with 1,129 OIA complaints and 162 LGOIMA complaints on hand.
The complainants
This year’s statistics concerning the type of complainants who raised concerns about official information decisions are consistent with previous years. They continue to suggest that members of the public are making good use of their rights to request information under the OIA and LGOIMA, and to complain to the Ombudsman if dissatisfied. Individuals accounted for approximately three-quarters of all OIA (77%) and LGOIMA (69%) complaints. The next highest users were the media, who made 12% of all OIA complaints, and 18% of all LGOIMA complaints. MPs and political party research units accounted for 4% of the OIA complaints received.
The agencies
This year 571 official information complaints were made against government departments, making up 22% of all official information complaints received. This can be compared with last year’s figure of 376 complaints, making up 25% of all official information complaints received.
In contrast, 1,623 official information complaints were made against other state sector agencies this year, compared with 684 last year. As noted above, 1,012 of these complaints were made by a single complainant concerning various school Boards of Trustees. Nonetheless, this represents a significant change in the types of agencies complained against, with 61% of all official information complaints being made against other state sector agencies this year, as opposed to 45% last year.
Local government agencies subject to LGOIMA made up 10% of the official information complaints received, and 6% of official information complaints were against Ministers of the Crown.
Submissions on The Hobbit made to Government by film industry
Ombudsman David McGee received OIA complaints from the New Zealand Council of Trade Unions and Radio New Zealand, about decisions by the Minister for Economic Development to withhold information about the production of The Hobbit and film production generally. In respect of key issues, the Ombudsman formed the opinion that:
• Section 9(2)(ba) of the OIA did not apply to information which was supplied to the Government by the film industry. This provision is not intended to permit Ministers or departments to erect a barrier to the disclosure of general policy submissions made to them by third parties on the ground that an obligation of confidence is owed to those submitters.
• Section 9(2)(g)(i) of the OIA did not apply to the submissions and comments that were made to Ministers by the film industry. While there will be circumstances in which persons may feel inhibited from making submissions by the prospect of those submissions being made public, this was not so in this case. The submissions and comments were made by these parties in their own direct interests with a view to persuading the Government to a policy stance that advantaged them in their commercial dealings. There is nothing improper in this. But it is not
accepted that persons who have a commercial interest in making submissions to Ministers would likely be deterred from doing so by the prospect of release.
The Minister accepted the Ombudsman’s recommendation to release the information.
Where significant numbers of OIA complaints arose
Year ended
30/06/12 Year ended
30/06/13
Departments and organisations – greater than or equal to 20 complaints
Boards of trustees (schools) – all 239 1,041
District Health Boards – all 38 57
Earthquake Commission 54 149
New Zealand Police 130 120
Department of Corrections 48 100
Ministry of Social Development 40 97
Ministry of Business, Innovation and Employment - 66
Accident Compensation Corporation 53 56
Ministry of Education 24 51
Ministry of Justice 38 31
New Zealand Defence Force 17 31
Canterbury Earthquake Recovery Authority 16 28
Ministry of Health 20 27
Ministry for Primary Industries 2 25
Department of Internal Affairs 15 24
Ministry of Foreign Affairs and Trade 13 21
Housing New Zealand Corporation 11 20
Ministers of the Crown – greater than or equal to 15 complaints
Minister of Foreign Affairs 10 22
Minister of Transport 6 15
Where significant numbers of LGOIMA complaints arose
Year ended
30/06/12 Year ended
30/06/13
Greater than or equal to 10 complaints
District Councils – all 86 103
City Councils – all 150 58
Council controlled organisations – all 14 42
Regional Councils – all 14 15
Auckland Council 60 48
Auckland Transport 5 23
Kapiti Coast District Council 5 15
Wellington City Council 20 14
Horowhenua District Council 4 11
Christchurch City Council 22 10
We completed 1,913 OIA complaints. This is significantly more than in recent years – 78% more than in 2011/12, and the highest number of OIA complaints ever completed. We also completed 245 LGOIMA complaints, up from 217 in 2011/12. We finished the year with 1,129 OIA complaints and 162 LGOIMA complaints on hand.
The complainants
This year’s statistics concerning the type of complainants who raised concerns about official information decisions are consistent with previous years. They continue to suggest that members of the public are making good use of their rights to request information under the OIA and LGOIMA, and to complain to the Ombudsman if dissatisfied. Individuals accounted for approximately three-quarters of all OIA (77%) and LGOIMA (69%) complaints. The next highest users were the media, who made 12% of all OIA complaints, and 18% of all LGOIMA complaints. MPs and political party research units accounted for 4% of the OIA complaints received.
The agencies
This year 571 official information complaints were made against government departments, making up 22% of all official information complaints received. This can be compared with last year’s figure of 376 complaints, making up 25% of all official information complaints received.
In contrast, 1,623 official information complaints were made against other state sector agencies this year, compared with 684 last year. As noted above, 1,012 of these complaints were made by a single complainant concerning various school Boards of Trustees. Nonetheless, this represents a significant change in the types of agencies complained against, with 61% of all official information complaints being made against other state sector agencies this year, as opposed to 45% last year.
Local government agencies subject to LGOIMA made up 10% of the official information complaints received, and 6% of official information complaints were against Ministers of the Crown.
Submissions on The Hobbit made to Government by film industry
Ombudsman David McGee received OIA complaints from the New Zealand Council of Trade Unions and Radio New Zealand, about decisions by the Minister for Economic Development to withhold information about the production of The Hobbit and film production generally. In respect of key issues, the Ombudsman formed the opinion that:
• Section 9(2)(ba) of the OIA did not apply to information which was supplied to the Government by the film industry. This provision is not intended to permit Ministers or departments to erect a barrier to the disclosure of general policy submissions made to them by third parties on the ground that an obligation of confidence is owed to those submitters.
• Section 9(2)(g)(i) of the OIA did not apply to the submissions and comments that were made to Ministers by the film industry. While there will be circumstances in which persons may feel inhibited from making submissions by the prospect of those submissions being made public, this was not so in this case. The submissions and comments were made by these parties in their own direct interests with a view to persuading the Government to a policy stance that advantaged them in their commercial dealings. There is nothing improper in this. But it is not
accepted that persons who have a commercial interest in making submissions to Ministers would likely be deterred from doing so by the prospect of release.
The Minister accepted the Ombudsman’s recommendation to release the information.
Where significant numbers of OIA complaints arose
Year ended
30/06/12 Year ended
30/06/13
Departments and organisations – greater than or equal to 20 complaints
Boards of trustees (schools) – all 239 1,041
District Health Boards – all 38 57
Earthquake Commission 54 149
New Zealand Police 130 120
Department of Corrections 48 100
Ministry of Social Development 40 97
Ministry of Business, Innovation and Employment - 66
Accident Compensation Corporation 53 56
Ministry of Education 24 51
Ministry of Justice 38 31
New Zealand Defence Force 17 31
Canterbury Earthquake Recovery Authority 16 28
Ministry of Health 20 27
Ministry for Primary Industries 2 25
Department of Internal Affairs 15 24
Ministry of Foreign Affairs and Trade 13 21
Housing New Zealand Corporation 11 20
Ministers of the Crown – greater than or equal to 15 complaints
Minister of Foreign Affairs 10 22
Minister of Transport 6 15
Where significant numbers of LGOIMA complaints arose
Year ended
30/06/12 Year ended
30/06/13
Greater than or equal to 10 complaints
District Councils – all 86 103
City Councils – all 150 58
Council controlled organisations – all 14 42
Regional Councils – all 14 15
Auckland Council 60 48
Auckland Transport 5 23
Kapiti Coast District Council 5 15
Wellington City Council 20 14
Horowhenua District Council 4 11
Christchurch City Council 22 10
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