John Edwards,Ppt
- 1. Freedom of information in New Zealand John Edwards Barrister and Solicitor Wellington, New Zealand
- 2. This presentation covers Key elements of NZ law Similarities/differences with Chilean proposal Things we have learned in 25 years of freedom of information
- 3. Key elements of NZ Law Principle of availability No reason to ask, no justification necessary Withhold where disclosure would cause demonstrable harm Administrative reasons (will soon be published, would require substantial collation & research) Conclusive reasons (security, defence, maintenance of the law) Good reasons (privacy, commercial, policy formulation & decision making - subject to public interest override)
- 4. Time limits Respond - 20 working days Transfer – 10 working days Low cost Ready access to free appeal
- 5. Has changed the way government business is conducted - much more open/consultative Has influenced other laws Has affected the outcome of elections Has lead to public servants being sacked
- 6. Chile vs Nueva Zealandia Chile Duty on requester to specify information Third party veto New Zealand Duty on agency to assist Can consult – but no veto & subject to public interest
- 7. Chile vs Nueva Zealandia Chile Secret for 25 years Transparency Tribunal Free provision Real sanctions on officials for improper withholding NZ Constant revision Ombudsman Reasonable cost Not punitive
- 8. Things we’ve learnt Biggest barrier to access is knowing what to ask for Training and resourcing is critical A disproportionate burden can be imposed by a few requesters Officials can be innovative in finding ways to avoid law