A small win for transparency

The Social Services and Community Committee reported back today on the Resale Right for Visual Artists Bill. The bill establishes a resale right for visual artists, and empowers the government to appoint a collection agency to manage it. But weirdly, despite performing public functions, that agency wouldn't have been subject to the OIA. The good news is that the select committee has fixed hat:

The Chief Ombudsman submitted that the collection agency should be subject to the Official Information Act 1982 and the Ombudsmen Act 1975. We agree that, since the collection agency would be performing a public function, it should be subject to the same accountability mechanisms that apply to public sector bodies. We understand that similar private or non-governmental entities that carry out public functions, such as Netsafe or Agriculture New Zealand Limited, are subject to public accountability legislation such as the Official Information Act.

Consequently, we recommend amending clause 22 to provide that the collection agency would be subject to the Official Information Act, the Ombudsmen Act, and the Public Records Act 2005 in respect of its public functions under the bill.

Its a small win for transparency, but still worthwhile. But last time a select committee recommended transparency improvements, Labour arrogantly overturned them. So, we should hold off on any celebrations until its actually law.