Education chief says advice to dodge OIA was wrong
Secretary for Education Ellen MacGregor-Reid says she cannot explain why a Ministry official told staff to keep information shared with Education Minister Erica Stanford's office out of writing to avoid release under the Official Information Act. She told RNZ's Morning Report she is "not happy" about it. RNZ
MacGregor-Reid is the Secretary for Education and head of the Ministry of Education. Stanford is the Minister for Education.
The advice came in a leaked video of Ministry official Dr Catherine Law. In the video, Law told staff not to put information shared with the minister's office in writing because it could be made public under the OIA, the law that lets the public ask for government information.
The video was first reported by Stuff journalist Glenn McConnell on 21 September 2026, in a report about telling staff not to keep written records because it was OIA-able. Stuff
Speaking on 24 September, MacGregor-Reid said she could not explain Law's comments. She said what Law said was wrong and should not have been said. Her expectation, she said, is that everyone in the ministry meets obligations under the OIA.
To the best of her knowledge, she said, no directive to avoid writing material down to escape release under the OIA had been made.
MacGregor-Reid described Law as not a senior official and not a seasoned public servant. Law is on secondment to the ministry as a school principal, brought in for expertise in education.
A whistleblower inside the ministry, identified as the person who leaked the video, has claimed subversion of the OIA was not an isolated incident. RNZ That claim was reported on 22 September, the day after the Stuff report.
Chief Ombudsman John Allen expressed significant concerns after the reporting that an education official had told staff not to put information in writing. NZ Herald He then sought an urgent meeting with MacGregor-Reid to discuss concerns about reports of attempts to circumvent the OIA at the ministry. The Post That request was reported on 23 September. The Ombudsman is the oversight authority for the OIA.
MacGregor-Reid said the comments in the video did not meet the ministry's expectations for transparency, record-keeping, or compliance with the OIA. She said she had commissioned a review to ascertain whether there is a wider OIA problem. She said she would meet the chief ombudsman to provide terms of reference for that review.
She assured RNZ the review would be put in writing and available under the OIA.
MacGregor-Reid was confirmed as Ministry of Education Secretary and chief executive in November 2025.
The broader context here is that the difference between a formal directive and an ad-libbed comment by one manager matters for staff who work across the ministry and the minister's office. An urgent meeting request from the Ombudsman is unusual, which shows how seriously that office treats any suggestion that fear of release is shaping what gets written down. Ministers rely on written advice to make decisions they can defend, like keeping a paper trail for a large purchase. Agencies need full records to meet OIA and archiving duties. If staff think writing things down creates risk, they will favour phone calls and unwritten briefings. That leaves ministers without a clear trail and gives requesters less to ask for.
In my view, the next markers are procedural. The terms of reference for the review will show whether MacGregor-Reid scopes it to training and culture or to file audits and ministerial-office communications. The Ombudsman's response after the meeting will show whether he treats this as closed by assurance or as requiring formal inquiry. For now, the Secretary's position is on the record. The comments were wrong. No directive existed to her knowledge. The test is whether the review finds anything wider.
