This is why we need criminal penalties in the OIA

Last night TVNZ revealed an outrageous act of corruption by the Luxon regime. Earlier in the month, Luxon had promised a law to prevent polluters being sued over their pollution - a direct attack on the rule of law to benefit favoured donors and cronies. Now it turns out that they were given that law by the polluters themselves. The polluters had lied about that to the courts, and Luxon's office had lied about it in an OIA response:

Official documents released Sunday, and seen by RNZ, reveal a briefing document provided to the Prime Minister's office regarding Smith's case against Fonterra and other major emitters.

Z Energy confirmed to RNZ it had provided a document to government in 2024 and Fonterra confirmed it had done the same with a hard copy.

Smith explained the defendants in his case had been ordered to release documents relating to their lobbying efforts by the end of March 2026, but the briefing note was only released this month, through the discovery process in the High Court.

The documents also showed the information was not disclosed by the Prime Minister's office, when requested as part of a separate Official Information Act request by an environmental group.

The polluters' non-compliance with court-ordered discovery is something for the courts to resolve. But the Prime Minister's non-compliance with the Official Information Act should concern us all. If taken at face value, Luxon claims to have no idea what is happening in his office, and also to be violating the Public Records Act, which requires him to create and maintain full and accurate records of his affairs (including when lobbyists slip him a policy "suggestion" - something which, as it requires the exercise of ministerial power, can only be official business). That's bad enough - bad enough to be an actual crime, though the penalty is derisory even for deliberate official wrongdoing. But the alternative - that he did know, and had complied fully with the record-keeping requirements of the Public Records act, and instead had simply lied in that OIA response - is worse. Because obviously, if Ministers and officials can simply lie in response to a request for official information, there might as well not be a law at all.

And this is why we need criminal penalties for the OIA: because we can not tolerate that sort of lying, and so it needs to be deterred. And that means both ensuring a principle of absolute ministerial responsibility for OIA responses, so that ministers cannot hide behind their minions, and defining the offence of lying in a response of destroying or hiding or not creating records to evade one as a "corrupt practice" in the Electoral Act, so that any Minister convicted is automatically removed from Parliament. The question is, what Minister will stake their career on proper ethical behaviour and following the law?