How do we change OIA culture?

Former district court judge David Harvey has a column in the Herald today lamenting the state of the Official Information Act. Like others before him, he agrees that the law is fundamentally sound - its the public service that is the problem. Despite clear statutory language in favour of transparency, they are incentivised by ministers, chief executives, PR departments and deliberate underresourcing to delay, deny, and defend against OIA requests. And the Ombudsman is no help, because they are also structurally underresourced, and culturally focused on turning over complaints as quickly as possible to make their numbers look good, rather than actually investigating.

This isn't an abstract problem. As Harvey points out,

secrecy and obfuscation are not neutral administrative choices; they actively corrode democratic legitimacy.

And that is exactly what is happening. And you only have to look overseas to see where that leads.

What can be done? People have talked about training, but no-one is doing it - at least, not the sort of training that rams home to public servants that their duty is to the people, not the minister, and that they need to release information ASARP. And while criminal penalties for egregious abuses would help (and are entirely normal overseas), Ministers seem unlikely to pass laws which punish those protecting them, and the police seem unlikely to enforce them if they are passed.

The core problem here is that the fish rots from the head. Ministers want to be protected, and chief executives obey because they want to keep their jobs. So breaking the employment nexus by making chief executive contracts non-renewable while imposing clear positive transparency duties would be a start. We already do this for the Auditor-General precisely to prevent cosy relationships and strategic employment-seeking behaviour from corrupting their duties; doing it to the rest of the public service isn't so great a step.

Fundamentally, though, it comes down to ministerial leadership. Everything is downstream of that. When the OIA was passed, ministers decided they wanted it to work, made their expectations clear to the public service, and resourced them to do it. We clearly need a similar drive from ministers to clean out the culture of secrecy they have imposed, and restore transparency. As for how to get that, that seems to be our job, through the electoral process. Those running for office need to be asked about their attitude to the OIA, and what they will do to restore transparency. Those who support secrecy, or who do not keep their promises need to be electorally punished. Until that happens, ministers will keep fucking us over, and we will keep responding to them with the disdain that deserves, and public trust in them and their institutions will continue to decline.

Climate Change: Fossil government

If we are to avoid even more dangerous levels of climate change, we need to get off fossil fuels. The process is already happening - just look at the ongoing global switch to EVs and solar power, and the messy demise of the NZ gas industry - but we need it to happen faster, and we need our government to actually commit to it. There was an opportunity to do so at the recent climate change COP in Belém, Brazil last year, with a side-agreement on the Transition away from Fossil Fuels. MFAT looked at it, noted that it did not conflict with our policies, and recommended joining. But Shame Jones, the regime's most absurd fossil fuel advocate, vetoed the idea:

An assessment against government priorities found that signing up to the declaration would have a neutral or even positive effect.

While drafting the submission, officials noted there was "an open question about engaging Minister Jones for concurrence, consultation, or information".

The final submission was sent to Jones for consultation.

It was also sent to Trade Minister Todd McClay, but for information only - his input was not sought.

An email sent the next day said Jones had been consulted.

"Minister Jones does not want New Zealand to join the Declaration," a Ministry for Foreign Affairs official informed his colleagues.

So our entire climate change policy is now being driven by a corrupt fossil advocate committed to ignoring the problem for as long as he can (while people drown and burn and are buried by landslides). It's government of the fossils, by the fossils, and for the fossils. And if it stays in place for much longer, it will kill us all. Voting them out a necessary act of self-defence.