13 February 2020
Jem Traylen
[FYI request #11829 email]
Dear Mx Traylen
Official Information Request
Our Ref: SSCOIA 2019-0264
I refer to your official information request received on 8 December 2019 where you have asked:
“I note the release of the Wakem report on the OIA in December 2015 and the Official
Information programme your agency began in 2016.
Presumably, the SSC carefully considered the recommendations in the Wakem report,
advised the Commissioner and/or the government of the day on an appropriate response
and has made some form of progress report to successive ministers from time to time.
•
Please provide a copy of any significant reports or advice prepared on:
a) how the government of the day could respond to the Wakem Report's
recommendations, and
b) what progress has been made by the state sector in relation to the issues
raised in the report.
•
Please provide a copy of the relevant key documents that describe your agency's
current work programme on the OIA”.
In 2015 the report of the then Chief Ombudsman, Dame Beverley Wakem, into central
government agencies’ Official Information Act (OIA) practices found that the OIA has resulted
in greater openness and transparency, greater accountability in the conduct of public affairs,
and increased the ability of the public to participate in the making and administration of
New Zealand’s laws and policies. The report notes that, most of the time, agencies are
compliant in the way that they operate under the OIA on a daily basis.
The report identified five key areas where Dame Beverley found there to be increasing risks and
vulnerabilities in the way that that the OIA is being administered in the current environment, with
48 associated recommendations.
In response to your request where you have asked for any significant reports or advice prepared
on:
•
how the government of the day could respond to the Wakem Report's
recommendations,
The Government of the day decided that the Open Government Partnership National Action
Plan (NAP) would be used as a vehicle for the Government’s response, considering it to be the
best way of providing the necessary focus and ensuring progress could be made.
The Cabinet paper on the inclusion of official information commitments in the Second NAP
2016-2018 can be found on the SSC website at the link provided for in the table below.
From 2018, a separate Open Government Partnership (OGP) website was established.
Information for the first two NAPs which includes Cabinet documents, advice to the Minister,
submissions, commitment development material and a timeline can be found at the links
provided in the table below.
Also included in the table below are the links to the similar assessments, updates and supporting
information on the third NAP 2018-2020 and updates on the development of the fourth NAP
2020-2022, which provides information on how to contribute to its development.
I am therefore refusing this part of your request under section 18(d) on the grounds that this
information is publicly available.
Item Document Description
Website link
https://ssc.govt.nz/assets/Legacy
1 Cabinet Paper - Action Plan for the Open Government
Partnership
/ogp-action-plan-cab-paper-
upjul17.pdf
Independent reviews and self-assessments, progress
https://ssc.govt.nz/our-
2 updates and supporting information for New Zealand
work/open-government-
NAPs (2014-2016 and 2016-2018)
partnership-ogp/.
https://ogp.org.nz/new-zealands-
3 Assessments, updates and supporting information on the
Third NAP 2018-2020
plan/third-national-action-plan-
2018-2020/
4 Updates on the development of the Fourth NAP 2020-
https://ogp.org.nz/new-zealands-
2022
plan/fourth-national-action-plan/
After the publication of Dame Beverley’s report, the State Services Commission, also
considered what the public sector agencies’ responses to the report should be.
A proposed approach was shared with Chief Executives at a meeting held on 22-23 March
2016. Action points from that meeting included an action related to the response to that report.
Please find enclosed the documents listed in the table below. I have decided to release the
documents listed below with some of the information marked as out of scope as it does not fall
within the scope of your request.
Item Date
Document Description
Decision
5 March 2016
Key messages: Proposed approach in response to
Ombudsman’s report on the OIA
Released in Full
6 March 2016
Head of State Services meeting with chief executives
action points
Released in Part
7 April 2016
A3 – Propose Approach to Response to Ombudsman’s
Report on OIA
Released in Full
The SSC’s programme of work has been focused on assisting agencies to assess and build on
their own capacity and capability, aligned with the themes identified from Dame Beverley
Wakem’s report, namely: leadership and culture; organisation, structure, staffing and capability;
current practices; internal policies, procedures and resources; and performance monitoring and
learning. This has been via the building a community of practice by supporting agencies to
communicate, collaborate and share best practice and experience.
This is primarily progressed by supporting commitments under the OGP, delivering the Official
Information Forum (previously called the OIA Forum), and by working with the Office of the
Ombudsman, the latter again under the framework of the OGP.
In October 2016 the State Services Commissioner informed the Chief Ombudsman of SSC’s
proposed approach as both a system leader and an agency under the umbrella of the Open
Government Partnership, which ultimately led to an agreement to take a joint approach to
improving OIA responsiveness.
The announcement of SSC’s joint work with the Of ice of the Ombudsman, and the work of the
Forum, are available on the SSC website.
Item Document Description
Website link
https://ssc.govt.nz/resources/medi
8
Media Statement: Joint work to improve OIA
responsiveness – 20 October 2016
a-statement-joint-work-improve-
oia-responsiveness/
9
Official Information Forum
https://ssc.govt.nz/resources/oia-
forum/
Note that on 29 November 2016 the then Secretary for Justice, Mr Andrew Bridgman, delegated
the Ministry of Justice’s advice and assistance function under section 46 of the OIA to SSC. In
the delegation letter to the State Services Commissioner, Mr Bridgman noted that SSC had
offered to lead the development of guidance and advice to assist agencies to comply with the
OIA as part of the Open Government Partnership programme. The letter notes the delegation
is appropriate given the SSC’s role in promoting accountability, and as the lead agency for New
Zealand’s membership of the OGP.
In response to your request where you have asked for any significant reports or advice prepared
on:
•
what progress has been made by the state sector in relation to the issues raised
in the report.
In late 2016, the SSC established its programme to enhance administration of the OIA. A
Steering Group including the SSC, the Office of the Ombudsman, the Department of Internal
Affairs, the Ministry of Justice, the Department of Prime Minister and Cabinet and Statistics NZ
met from December 2016 until May 2017. The terms for reference for that programme are
attached.
Item Date
Document Description
Decision
10 February 2017
Programme Terms of Reference - Enhancing the Released in Full
administration of the Official Information Act
A small internal team at the SSC was established to progress work during this period. The
Steering Group and internal team were disestablished with the creation of the new Integrity,
Ethics and Standards team at SSC in July 2017, which picked up responsibility for official
information initiatives.
Since 2017, the SSC has published OIA statistics for a range of government agencies. These
statistics are available here:
https://ssc.govt.nz/resources/official-information-statistics/. In 2018, Cabinet approved the expansion of the proactive release of Cabinet material, for
introduction from 1 January 2019. This completed a milestone under Commitment 7 of the OGP
NAP 2016-2018.
Cabinet papers and key advice related to this initiative were released on the SSC website on
18 September 2018, under Strengthening Proactive Release Requirements here:
https:/ ssc.govt.nz/resources/proactive-releases/.
Please find enclose the documents listed in the table below which contain updates on the State
sector’s progress in enhancing their OIA practices.
Item
Date
Document Description
Decision
Memo to the State Services Commissioner
Released in Full
11
24 July 2017
Official Information Capability Assessment Tool
12
20 December 2017 SSC Report: OIA Statistics Collection
Released in Part
13
20 December 2017 Open Government Holiday Reading Pack
Released in Part
Aide Memoire Official Information Act: Overview
14
16 March 2018
of Changes Since Law Commission (2012) and Released in Full
Ombudsman (2015) Reports
I have decided to release the relevant parts of the documents listed above, subject to
information being withheld under one or more of the following sections of the OIA, as applicable:
•
section 9(2)(a) – to protect the privacy of natural persons, including deceased people
•
section 9(2)(f)(iv) – to maintain the current constitutional conventions protecting the
confidentiality of advice tendered by Ministers and officials
Similarly, some of the information has been marked as out of scope as it does not fall within the
scope of your request and the document listed in the table below I am refusing under section
18(d) on the grounds that this information is publicly available at the link provided for in the table.
Item Date
Document Description
Website link
SSC Aide Memoire Meeting with Chief
15 20 February 2019 Ombudsman and Australian Information
https://ssc.govt.nz/assets/
and Access Commissioners
Legacy/resources/
Current work programme on the OIA
Dame Beverley made a number of insightful recommendations for how government can improve
its performance and improve public confidence in how we comply with the Act. This is a theme
that came through strongly in the submissions made by civil society during the development of
Open Government Partnership National Action Plans 2016-2018 and 2018-2020.
One commitment in the most recent NAP was for the Ministry of Justice to test the merits of the
review of the OIA. The Ministry of Justice, as the Ministry responsible for administering the OIA,
has prepared advice to its Minister on this commitment. We are aware that the Ministry has
replied to you directly on that matter.
Both the SSC and the Of ice of the Ombudsman have been working to improve the information
and guidance on the OIA for both citizens and government agencies, and the SSC has been
supporting agencies to proactively make more information available. The SSC guidance on
proactive release can be found at:
OIA Guidance for agencies. As noted above, the SSC’s programme of work has been focused on assisting agencies to
assess and build on their own capacity and capability, with the work programme informed via
the OGP commitments and primarily progressed via the Official Information Forum (previously
called the OIA Forum).
The Official Information Forum provides an opportunity for agency leaders and practitioners to
come together to discuss official information practices, issues and to learn from each other.
Documents from previous Forums can be found at:
ht ps://ssc.govt.nz/resources/oia-forum/.
A draft provisional programme for the Forum in 2020 is currently being developed by an agency
reference group and is expected to be confirmed during February 2020. That provisional
programme wil be published once confirmed.
Proactive release is expected to feature prominently again in the 2020 forum programme
currently being developed, in both a new stream of events for “new practitioners”, and the
mainstream for Forum events.
Potential areas for additional or updated agency guidance in 2020 are currently being
considered.
OIA Statistics
Government agencies are commit ed to openness and transparency in the provision of public
services to New Zealanders. The OIA gives New Zealanders the right to access information and
is important for ensuring government is open and transparent.
The SSC publishes Official Information Act (OIA) statistics covering Crown entities and
government departments subject to the OIA every six months. The next release of statistics is
currently scheduled for 4 March 2020.
The OIA Statistics for the State services can be found at
https:/ ssc.govt.nz/resources/official-
information-statistics/. You may also be interested to know that the Chief Ombudsman launched a new inquiry into
whether central government agencies have addressed any weaknesses identified in this
investigation
five years ago. More information can be found here:
https:/ www.ombudsman.parliament.nz/news/chief-ombudsman-revisits-not-game-hide-and-
seek
If you wish to discuss this decision with us, please feel free to contact
[email address]. You have the right to seek an investigation and review by the Ombudsman of this decision.
Information about how to make a complaint is available at
www.ombudsman.parliament.nz or
freephone 0800 802 602.
Please note that we intend to publish this letter (with your personal details removed) and
enclosed documents on the State Services Commission’s website.
Yours sincerely
Nicky Dirks
Managing Principal – Ministerial Services
State Services Commission
Document Outline
