Tuesday, September 18, 2018



Proactive release

In a major victory for transparency, the government will start proactively releasing Cabinet papers:

Cabinet papers will be proactively released, Minister of State Services Chris Hipkins announced today.

The move is part of the Government’s wider plan to improve openness and reflects its commitment to the international Open Government Partnership.

The Cabinet papers will be released no later than 30 business days after a Cabinet decision. This process will be in place for Cabinet papers lodged from 1 January 2019, Chris Hipkins – who is also responsible for Open Government – said.

“This change is about being an open and accountable government.


On the one hand, this isn't that big a change - we already routinely have such releases when policy is announced. On the other hand, it is a huge step forward. In other parts of the world Cabinet material is tightly guarded (and this is then abused to hide other material), so we're displaying clear global leadership here. It would obviously be better if the timeline for release was aligned to the OIA's statutory 20 days, and I'll be interested in seeing the advice on why that wasn't done.

Of course, the problem with proactive release is that its grace and favour and cannot be contested except by filing another OIA making it clear that you want an unredacted copy (which may then be refused as the material "is already publicly available", even though the bits that you want are not). And this is clearly abused to hide material and steer the public conversation through selective release. One of the changes that needs to happen to the official information regime is bringing proactive disclosures under the Act and under the oversight of the Ombudsman, to prevent such abuses.