Education official investigated after telling staff to avoid written record
Education Minister Erica Stanford says the Ombudsman and the Public Service Commissioner are looking into a senior Ministry of Education official who appeared to tell staff not to write information down to avoid its release under the Official Information Act.
The footage was given to the New Zealand Herald. It shows programme lead Catherine Law telling staff not to put information shared with the minister's office in writing New Zealand Herald. In the clip, Law reminded staff the material was "OIA-able," meaning it could be asked for and released under the Official Information Act RNZ. The Act is the law that lets the public request government documents.
Stanford said she did not instruct officials to get around the OIA process. She said neither she nor her political staff had seen the documents Law was discussing.
Stanford said the Secretary for Education, the chief executive of the Ministry, had spoken to the Public Service Commission and the Ombudsman and was looking into the matter and taking it very seriously RNZ. That leaves the first fact-finding with the chief executive, with the two outside watchdogs involved.
Labour leader Chris Hipkins said avoiding transparency laws was "inexcusable" in response to the footage. He said he had not experienced a culture of hiding information to avoid the OIA process.
Law is the programme lead for the secondary school area, according to the Herald's reporting on 21 September New Zealand Herald. The Herald obtained the video exclusively. Stuff also reported the leak on 21 September.
The broader context here will be familiar to those who follow Parliament. Ministers expect free and frank advice, which means honest advice given in private, and careful handling of sensitive material. The public service must also create proper records and make them available under the OIA unless there is good reason to withhold them.
In my view, the lines on accountability are now clearly drawn. Stanford has separated herself and her office from Law's comments and put responsibility for establishing the facts with the Secretary. The Ombudsman, who handles OIA complaints and investigations, and the Public Service Commissioner, who sets standards for public servants, give the inquiry independence from both the minister and the Ministry. The questions officials in Wellington will be watching are practical. Did staff act on the advice? Were records that should have been kept not kept? Did anyone request the material? The answers will decide whether this is treated as poor judgment in a team meeting or a breach of legal and employment obligations.
