Newsroom has an opinion piece by Marcus Ganley, on the problems of proactive release of official information. The government releases vast quantities of stuff - annual reports, cabinet papers, briefings, research, investigations, datasets, OIA responses, and so on - but its often very hard to find. It's not deliberate "beware of the leopard" territory so much as no-one really cares about making it easy, and even if an agency is doing a good job this week, they'll inevitably "update" their website, break all existing links, and wreck it all. And of course there's no indexing or metadata telling you what these documents are or what is in them - just a soup of cabinet papers and "proactive release material" you have to trawl through.
There's not even a central index of where to find each agency's data. Te Kawa Mataaho has a spreadsheet listing the various places cabinet papers are found, but it was last updated in 2023 - which I guess shows how much of a priority it is for them.
We can obviously do better than this. Ganley has a few suggestions:
Since 2010, the Australian Freedom of Information Act has required agencies to publish information released to a requester on a website. In New Zealand this is a discretionary matter. Some agencies publish all requests, others only those they deem to be “of public interest”. Making publication of all releases compulsory would be a simple change.The UK Freedom of Information Act is the model here. It establishes a system of "publication schemes", basically requiring every government agency to say what it is going to publish, and to actually do it (meaning its legally enforceable; agencies can be forced to publish information they have "forgotten" to). Looking at the model publication scheme shows that it contains a lot of stuff that's routinely published here. But its a legally enforceable duty, not the current system of grace-and-favour, which can be revoked or forgotten on an official or Ministerial whim.Another step would be to require agencies to publish a much wider range of information on a regular basis. In the same way that we don’t have to wait for someone to request a Cabinet paper, there are whole categories of government information that, after a limited period of confidentiality, could be routinely released.
Adopting a publication scheme system would give us enforceable rights to proactively published information. It would also resolve Ganley's other issue, about legal protection for OIA releases not extending to proactive releases, and this perversely deterring release. There are very good reasons why that is the case - they can be summed up with the words "Paula Bennett" - but extending protection to release under a publication scheme would I think avoid that problem, and make it even clearer that any such release is prima facie bad faith (so not protected anyway).
But that still leaves us with the problem of things being difficult to find. There's a solution to that too: open government advocates have long advocated for a central government proactive release portal, with proper metadata, indexing, tagging, and searching. Chris Hipkins even suggested the first step towards one, with a proposal for a central repository for released cabinet papers. But he shot himself in the foot by not even bothering to consult the agency he thought should do it, allowing them to sink it. Such a portal would be a huge leap forward for open government in Aotearoa, the sort of project worthy of the Open Government Partnership. And we need to push for it (and then for things to be added to it). But I just can't see it happening under the current bunch of tyrannical control-freaks.
