Ombudsman to Investigate Education Ministry Over OIA Allegations
Chief Ombudsman John Allen will run a formal investigation into claims that Ministry of Education officials tried to avoid the Official Information Act.
The Act is the law that lets the public ask for government papers and messages. Think of it as the public's right to look over the shoulder of decision makers. The Ombudsman is the independent watchdog that checks the rules are followed.
Allen told Secretary for Education Ellen MacGregor-Reid of the decision after meeting her and Public Service Commissioner Sir Brian Roche on Friday morning to discuss the claims, as reported by RNZ.
The claims started with leaked video of senior official Dr Catherine Law telling staff not to put information shared with Education Minister Erica Stanford's office in writing because it could be released under the OIA.
A review set off by staff concerns reported further claims of favouritism, unprofessional behaviour and fear of speaking up at the ministry.
MacGregor-Reid said Law's comments were wrong and that all staff must meet their duties under the Act. She said she had ordered another review and would give its terms of reference, the written plan that sets out what it will cover, to the Chief Ombudsman.
Allen had asked the Secretary for urgent answers earlier in the week, according to a 23 September statement from the Ombudsman. The formal investigation follows that request. His office has checked the ministry's OIA work before, including work in 2022 and a 2019 inquiry into requests about proposed school closures.
Allen said he aims to finish as soon as possible. The scope of the inquiry, what it will and will not cover, is not yet public.
The broader context here is how advice between the Beehive and ministries is put on the record. Officials try to give frank advice to a minister's office while knowing drafts and notes can be requested. An instruction not to write things down cuts across that balance.
Looking at what happens next, watch three things. First, the written plans for both inquiries and how they deal with overlap. Second, whether staff changed how they recorded contact with the minister's office after Law spoke. Third, the Commissioner's role. Roche was at the Friday meeting, which points to questions about staff conduct as well as OIA rules.
