A journalist asked the Ministry of Social Development for copies of any advice or reports it had provided to the Minister for Social Development on the effectiveness of benefit reductions under section 70A of the Social Security Act 1964.
The journalist complained to the Ombudsman after the Ministry refused the request under section 9(2)(f)(iv) of the Official Information Act 1982 (OIA). This section can apply to protect advice given by officials to a Minister, to allow the Minister to consider the advice in private and without fear of premature disclosure.
The Ombudsman formed the opinion that the request should not have been refused. He considered that it was difficult to see how future decision-making processes would be harmed by release of the information, as the Minister appeared to have had time to deliberate on the advice, and had publicly indicated her intended actions following its receipt. The Ombudsman therefore considered that section 9(2)(f)(iv) did not apply to the information.
The Ombudsman also considered that, even if section 9(2)(f)(iv) had applied in this case, it would have been outweighed by public interest considerations favouring disclosure. In this case, the Ombudsman considered the overall public interest required disclosure of the information to promote the accountability of Ministers and officials, and more effective participation by the public in considering the options for legislative change.
This case note is published under the authority of the Ombudsmen Rules 1989. It sets out an Ombudsman’s view on the facts of a particular case. It should not be taken as establishing any legal precedent that would bind an Ombudsman in future.
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