Court’s decision on TPP OIA has both Nats and Ombudsman squirming
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- Date published:
10:44 am, October 15th, 2015 - 23 comments
Categories: Abuse of power, accountability, law -
Tags: andrew geddis, Jane Kelsey, law, oia, ombudsman, tim groser, tpp, TPPA
As recently covered here, the High Court has upheld Jane Kelsey’s application for a declaration that the Government and Tim Groser improperly considered her application for information concerning the TPPA negotiations.
The Nats aren’t happy:
Govt considers TPP OIA appeal
The government is considering whether to appeal against a court decision finding Trade Minister Tim Groser acted unlawfully in the way he rejected requests for information about the Trans-Pacific Partnership (TPP) negotiations.
…
Green Party MP Russel Norman said he hoped the court decision would mean an end to the National-led government’s abuse of the OIA.“John Key’s statement suggests that the ministers in his government routinely are in breach of the Official Information Act.
“Really that’s no surprise when the Prime Minister himself advised public servants and ministers to routinely break the act when he said ‘we delay stuff as long as we can’ when the act is absolutely clear that the government should release information as soon as possible.”
The Ombudsman isn’t happy either – how’s this for defensive:
Chief Ombudsman’s statement on High Court TPPA Decision
The High Court’s decision released today requiring the Minister of Trade to reconsider his decision relating to Professor Jane Kelsey’s request for information about the TPPA relates only to the decision making process followed by the Minister.
…
Any suggestion that the Court passed judgement on the merits of the Chief Ombudsman’s decision is incorrect.
Mmmmmkay.
Both Nats and Ombudsman would be well advised to take three deep breaths, and read this typically excellent piece by Prof. Andrew Geddis:
Comes the rule with no exception
Jane Kelsey’s court victory over the evil MFAT/Tim Groser empire is probably too little, too late for her campaign against the TPPA. But it sends some important messages to a range of public actors in New Zealand’s governing arrangements.
…
The problem with this [Groser’s] approach is that it runs completely counter to the OIA’s basic purpose – to make any and all information available unless one of the specific reasons in the legislation applies. For the information holder to decide that it won’t provide information without actually looking at it and considering if there is a valid statutory reason for refusing its release inverts the way the OIA is supposed to work.Furthermore, the OIA has provisions within it to deal with requests for large amounts of information. If it would take a long time to go through the material and decide on its release, the agency holding the information can extend the time limits contained in the OIA. And if it would be very costly to comply with the request, then a “reasonable” charge can be levied for doing so.
However, MFAT/Tim Groser didn’t give any consideration to these options before issuing their blanket refusal. Which means that they didn’t comply with what the legislation requires, making the decision unlawful. And so Justice Collins told them to go away and make the decision again, this time after doing what the OIA says. …
That’s pretty definitive. And just for the Ombudsman:
The third audience for this judgment is the Ombudsman’s office, and the Chief Ombudsman Beverley Wakem in particular. Because it is fair to say that she does not come out of the judgment all that well. Not only does Justice Collins find that she apparently misunderstands how a quite key legal test under the OIA is meant to apply (at para. [139]), but her failure to pick up MFAT/Tim Groser’s ignoring of proper process is quite concerning.
After all, the Ombudsman is meant to be the primary check on those who hold official information failing to abide by their legal obligations. If that office is not noticing those failures – if it is basically waving through decisions that fail to comply with the OIA – then what is a citizen to do?
Prof. Jane Kelsey showed us one option a citizen can pursue – the courts. But not everyone has the skills, resources and determination to do it. Better that the system just works as it should – as the High Court has just reminded those in power.
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- Clean Power Payment the smartest way forward to reduce emissions and billsGreen Party co leader James Shaw visited a home in Auckland today that has been upgraded with a wide range of energy improvements, similar to those that would be supported through the Green Party’s Clean Power Payment. ...1 week ago
- Foreign Minister's Action – A Contempt For “Caretaker Government” Convention
The Foreign Minister Nanaia Mahuta’s presence in New York today at the United Nations General Assembly is a contempt of New Zealand’s “caretaker government” convention. Despite the long-standing caretaker convention, Minister Mahuta is today at the UN to sign a highly contentious “Biodiversity Beyond National Jurisdiction (BBNJ) Agreement”, delivering a ...1 week ago - Back To Black ResponsiblyThe Pre-Election Fiscal Update Changes Everything Within an hour of this speech there is going to be a debate between the political parties that the media, under MMP, still think are the only parties that matter in this campaign. Both of those parties are riddled with inexperience, as evidenced by ...1 week ago
- Stop the cuts before they start – Labour launches new TV adNational and ACT's tax plans don't add up, and that means deep cuts to the public services New Zealanders rely on, says Labour Campaign Chair Megan Woods. ...1 week ago
- Free school lunches paid for with a wealth taxThe Green Party will expand free school lunches and pay for it with a fair tax system. ...1 week ago
- The Pacific Reset & the Blue ContinentThank you for your invitation to speak with you this afternoon about New Zealand Foreign Policy. After offering one or two general thoughts about the nature of foreign policy, the focus today will be the Pacific Reset and why its goals remain even more important today as when they were ...1 week ago
- Release: Huge hole in National’s climate budgetNational’s plan to cut policies that are reducing New Zealand’s climate emissions will result in a huge gap in the country’s emissions budgets and could see Kiwis paying significantly more at the petrol pump as a result of Christopher Luxon hiking the ETS price. ...1 week ago
- Greens would push Labour much further on solar powerLabour’s plan to support rooftop solar is a step in the right direction, but falls short of what could be achieved through the Green Party’s Clean Power Payment. ...1 week ago
- Release: Doubling rooftop solar to reduce bills & emissionsLabour will double the number of houses with rooftop solar in New Zealand, lowering household power bills, reducing emissions and boosting renewable electricity generation. ...1 week ago
- Release: Labour will advance women’s health, careers, and legal protectionsA re-elected Labour Government will continue its proud tradition of advancing women’s health, employment, and legal rights Spokesperson for Women Jan Tinetti said. ...1 week ago
- Green Party confirms plan for five weeks annual leaveSpeaking at the E Tū Election Launch in Auckland today, Green Party co leader Marama Davidson outlined the Green Party’s manifesto commitment to ensure everyone has five weeks of annual leave. ...2 weeks ago
- Release: Labour to keep lifting worker wages and rightsA re-elected Labour Government will protect hard-fought workers’ rights and keep the momentum on wage growth to lift incomes for all New Zealanders, leader Chris Hipkins announced today. ...2 weeks ago
- New Zealand First Party List 2023New Zealand First is proud to announce the Party List for the upcoming 2023 General Election. We have had a great number of applicants and potential candidates moving through the selection process over the past few months. Our final selection for our list proves we have a wide range ...2 weeks ago
- A National/ACT Government would make life miserable for those already worst offOnly a party vote for the Greens will end poverty. ACT’S welfare policy announced today is as cruel as it gets. ...2 weeks ago
- Release: Willis’ resignation call means only one thing – $2 billion more cutsMassive cuts to public service are on the cards as Nicola Willis has promised to resign if she doesn’t deliver tax cuts but is refusing to make the same commitment if she doesn’t raise enough income from her bungled foreign buyer’s tax. ...2 weeks ago
- Release: A faster justice system focused on victimsLabour will help more victims of crime achieve justice faster by introducing a formal class-action regime, modernising consent laws and increasing the use of technology to speed up hearings. ...2 weeks ago
- Release: Gaping hole confirmed in National’s tax planA whopping $2.1 billion dollar hole has been confirmed in National’s tax scheme in a new report released today. ...2 weeks ago
- Labour pledges biggest ever increase to training DoctorsLabour will deliver the largest ever increase to the number of doctors trained each year, adding an additional 335 doctors a year to our health workforce from 2027, Labour Leader Chris Hipkins has announced. ...2 weeks ago
- PREFU Exposes Political PromisesToday’s PREFU has some alarming statistics showing an economy deteriorating and the cost of unaffordable government expenditure, mainly in the 2022 and 2023 budgets. Despite this alarming economic and fiscal picture, political parties are making unaffordable promises, talking about a surplus by 2027, or four years time, all of which ...2 weeks ago
- State of books makes clear case for wealth taxThe case for a wealth tax has never been stronger. ...2 weeks ago
- Release: Labour pledges free cervical screeningIf re-elected Labour will make cervical screening services free to all women and people with a cervix aged 25 – 69 years, delivering better cancer care for over 1.4 million New Zealanders. ...2 weeks ago
- Te Whānau a Apanui and the Crown initial Deed of Settlement I Kua waitohua e Te Whānau a Apanui me...
Māori: Kua waitohua e Te Whānau a Apanui me te Karauna te Whakaaetanga Whakataunga Kua waitohua e Te Whānau a Apanui me te Karauna i tētahi Whakaaetanga Whakataunga hei whakamihi i ō rātou tāhuhu kerēme Tiriti o Waitangi. E tekau mā rua ngā hapū o roto mai o Te Whānau ...1 day ago - Plan for 3,000 more public homes by 2025 – regions set to benefitRegions around the country will get significant boosts of public housing in the next two years, as outlined in the latest public housing plan update, released by the Housing Minister, Dr Megan Woods. “We’re delivering the most public homes each year since the Nash government of the 1950s with one ...3 days ago
- Immigration settings updatesJudicial warrant process for out-of-hours compliance visits 2023/24 Recognised Seasonal Employer cap increased by 500 Additional roles for Construction and Infrastructure Sector Agreement More roles added to Green List Three-month extension for onshore Recovery Visa holders The Government has confirmed a number of updates to immigration settings as part of ...4 days ago
- Poroporoaki: Tā Patrick (Patu) Wahanga HohepaTangi ngunguru ana ngā tai ki te wahapū o Hokianga Whakapau Karakia. Tārehu ana ngā pae maunga ki Te Puna o te Ao Marama. Korihi tangi ana ngā manu, kua hinga he kauri nui ki te Wao Nui o Tāne. He Toa. He Pou. He Ahorangi. E papaki tū ana ...5 days ago
- Renewable energy fund to support community resilience40 solar energy systems on community buildings in regions affected by Cyclone Gabrielle and other severe weather events Virtual capability-building hub to support community organisations get projects off the ground Boost for community-level renewable energy projects across the country At least 40 community buildings used to support the emergency response ...5 days ago
- COVID-19 funding returned to GovernmentThe lifting of COVID-19 isolation and mask mandates in August has resulted in a return of almost $50m in savings and recovered contingencies, Minister of Health Dr Ayesha Verrall announced today. Following the revocation of mandates and isolation, specialised COVID-19 telehealth and alternative isolation accommodation are among the operational elements ...5 days ago
- Appointment of District Court JudgeSusie Houghton of Auckland has been appointed as a new District Court Judge, to serve on the Family Court, Attorney-General David Parker said today. Judge Houghton has acted as a lawyer for child for more than 20 years. She has acted on matters relating to the Hague Convention, an international ...5 days ago
- Government invests further in Central Hawke’s Bay resilienceThe Government has today confirmed $2.5 million to fund a replace and upgrade a stopbank to protect the Waipawa Drinking Water Treatment Plant. “As a result of Cyclone Gabrielle, the original stopbank protecting the Waipawa Drinking Water Treatment Plant was destroyed. The plant was operational within 6 weeks of the ...6 days ago
- Govt boost for Hawke’s Bay cyclone waste clean-upAnother $2.1 million to boost capacity to deal with waste left in Cyclone Gabrielle’s wake. Funds for Hastings District Council, Phoenix Contracting and Hog Fuel NZ to increase local waste-processing infrastructure. The Government is beefing up Hawke’s Bay’s Cyclone Gabrielle clean-up capacity with more support dealing with the massive amount ...6 days ago
- Taupō Supercars revs up with Government supportThe future of Supercars events in New Zealand has been secured with new Government support. The Government is getting engines started through the Major Events Fund, a special fund to support high profile events in New Zealand that provide long-term economic, social and cultural benefits. “The Repco Supercars Championship is ...6 days ago
- There is no recession in NZ, economy grows nearly 1 percent in June quarterThe economy has turned a corner with confirmation today New Zealand never was in recession and stronger than expected growth in the June quarter, Finance Minister Grant Robertson said. “The New Zealand economy is doing better than expected,” Grant Robertson said. “It’s continuing to grow, with the latest figures showing ...6 days ago
- Highest legal protection for New Zealand’s largest freshwater springsThe Government has accepted the Environment Court’s recommendation to give special legal protection to New Zealand’s largest freshwater springs, Te Waikoropupū Springs (also known as Pupū Springs), Environment Minister David Parker announced today. “Te Waikoropupū Springs, near Takaka in Golden Bay, have the second clearest water in New Zealand after ...6 days ago
- More support for victims of migrant exploitationTemporary package of funding for accommodation and essential living support for victims of migrant exploitation Exploited migrant workers able to apply for a further Migrant Exploitation Protection Visa (MEPV), giving people more time to find a job Free job search assistance to get people back into work Use of 90-day ...1 week ago
- Strong export boost as NZ economy turns cornerAn export boost is supporting New Zealand’s economy to grow, adding to signs that the economy has turned a corner and is on a stronger footing as we rebuild from Cyclone Gabrielle and lock in the benefits of multiple new trade deals, Finance Minister Grant Robertson says. “The economy is ...1 week ago
- Funding approved for flood resilience work in Te KarakaThe Government has approved $15 million to raise about 200 homes at risk of future flooding. More than half of this is expected to be spent in the Tairāwhiti settlement of Te Karaka, lifting about 100 homes there. “Te Karaka was badly hit during Cyclone Gabrielle when the Waipāoa River ...1 week ago
- Further business support for cyclone-affected regionsThe Government is helping businesses recover from Cyclone Gabrielle and attract more people back into their regions. “Cyclone Gabrielle has caused considerable damage across North Island regions with impacts continuing to be felt by businesses and communities,” Economic Development Minister Barbara Edmonds said. “Building on our earlier business support, this ...1 week ago
- New maintenance facility at Burnham Military Camp underwayDefence Minister Andrew Little has turned the first sod to start construction of a new Maintenance Support Facility (MSF) at Burnham Military Camp today. “This new state-of-art facility replaces Second World War-era buildings and will enable our Defence Force to better maintain and repair equipment,” Andrew Little said. “This Government ...1 week ago
- Foreign Minister to attend United Nations General AssemblyForeign Minister Nanaia Mahuta will represent New Zealand at the 78th Session of the United Nations General Assembly (UNGA) in New York this week, before visiting Washington DC for further Pacific focussed meetings. Nanaia Mahuta will be in New York from Wednesday 20 September, and will participate in UNGA leaders ...1 week ago
- Midwives’ pay equity offer reachedAround 1,700 Te Whatu Ora employed midwives and maternity care assistants will soon vote on a proposed pay equity settlement agreed by Te Whatu Ora, the Midwifery Employee Representation and Advisory Service (MERAS) and New Zealand Nurses Association (NZNO), Minister of Health Dr Ayesha Verrall announced today. “Addressing historical pay ...2 weeks ago
- New Zealand provides support to MoroccoAotearoa New Zealand will provide humanitarian support to those affected by last week’s earthquake in Morocco, Foreign Minister Nanaia Mahuta announced today. “We are making a contribution of $1 million to the International Federation of Red Cross and Red Crescent Societies (IFRC) to help meet humanitarian needs,” Nanaia Mahuta said. ...2 weeks ago
- Government invests in West Coast’s roading resilienceThe Government is investing over $22 million across 18 projects to improve the resilience of roads in the West Coast that have been affected by recent extreme weather, Prime Minister Chris Hipkins confirmed today. A dedicated Transport Resilience Fund has been established for early preventative works to protect the state ...2 weeks ago
- Government invests in Greymouth’s futureThe Government has today confirmed a $2 million grant towards the regeneration of Greymouth’s CBD with construction of a new two-level commercial and public facility. “It will include a visitor facility centred around a new library. Additionally, it will include retail outlets on the ground floor, and both outdoor and ...2 weeks ago
- Nanaia Mahuta to attend PIF Foreign Ministers’ MeetingForeign Minister Nanaia Mahuta will attend the Pacific Islands Forum (PIF) Foreign Ministers’ Meeting, in Suva, Fiji alongside New Zealand’s regional counterparts. “Aotearoa New Zealand is deeply committed to working with our pacific whanau to strengthen our cooperation, and share ways to combat the challenges facing the Blue Pacific Continent,” ...2 weeks ago
- PREFU shows no recession, growing economy, more jobs and wages ahead of inflationEconomy to grow 2.6 percent on average over forecast period Treasury not forecasting a recession Inflation to return to the 1-3 percent target band next year Wages set to grow 4.8 percent a year over forecast period Unemployment to peak below the long-term average Fiscal Rules met - Net debt ...2 weeks ago
- New cancer centre opens in ChristchurchPrime Minister Chris Hipkins and Minister of Health Dr Ayesha Verrall proudly opened the Canterbury Cancer Centre in Christchurch today. The new facility is the first of its kind and was built with $6.5 million of funding from the Government’s Infrastructure Reference Group scheme for shovel-ready projects allocated in 2020. ...2 weeks ago
- Government invests in top of the south’s roading resilience$12 million to improve the resilience of roads in the Nelson, Marlborough and Tasman regions Hope Bypass earmarked in draft Government Policy Statement on land transport $127 million invested in the top of the south’s roads since flooding in 2021 and 2022 The Government is investing over $12 million to ...2 weeks ago
- New Zealanders continue to support the revitalisation of te reo as we celebrate Te Wiki o te Reo Mā...Ko tēnei te wiki e whakanui ana i tō tātou reo rangatira. Ko te wā tuku reo Māori, e whakanuia tahitia ai te reo ahakoa kei hea ake tēnā me tēnā o tātou, ka tū ā te Rātū te 14 o Mahuru, ā te 12 o ngā hāora i te ahiahi. ...2 weeks ago
- New Wildlife Act to better protect native speciesThe 70-year-old Wildlife Act will be replaced with modern, fit-for-purpose legislation to better protect native species and improve biodiversity, Minister of Conservation Willow-Jean Prime has announced. “New species legislation is urgently needed to address New Zealand’s biodiversity crisis,” Willow-Jean Prime said. “More than 4,000 of our native species are currently ...3 weeks ago
- Further safety initiatives for Auckland City CentreCentral and Local Government are today announcing a range of new measures to tackle low-level crime and anti-social behaviour in the Auckland CBD to complement Police scaling up their presence in the area. “Police have an important role to play in preventing and responding to crime, but there is more ...3 weeks ago
- Govt confirms additional support for Enabling Good LivesThe Government has confirmed $73.7 million over the next four years and a further $40.5m in outyears to continue to transform the disability support system, Minister for Disability Issues Priyanca Radhakrishnan has announced. “The Enabling Good Lives (EGL) approach is a framework which guides positive change for disabled people, ...3 weeks ago
- New Zealand gets AAA credit rating from S&PStandard and Poor’s is the latest independent credit rating agency to endorse the Government’s economic management in the face of a deteriorating global economy. S&P affirmed New Zealand’s long term local currency rating at AAA and foreign currency rating at AA+ with a stable outlook. It follows Fitch affirming New ...3 weeks ago
- Appointment of Environment Court JudgeChristchurch barrister Kelvin Reid has been appointed as a Judge of the Environment Court and the District Court, Attorney-General David Parker announced today. Mr Reid has extensive experience in Resource Management Act issues, including water quality throughout the South Island. He was appointed to the Technical Advisory Group advising the ...3 weeks ago
- NZ’s biggest ever emissions reduction project hits milestoneNew Zealand is on track to have greener steel as soon as 2026 with New Zealand Steel’s electric arc furnace project reaching a major milestone today. The Government announced a conditional partnership with New Zealand Steel in May to deliver the country’s largest emissions reduction project to date. Half of ...3 weeks ago
- The book Raf Manji wishes he never read
Welcome to The Spinoff Books Confessional, in which we get to know the reading habits and quirks of New Zealanders at large. This week: TOP leader Raf Manji. The book I wish I’d written The Mandibles: A Family 2029-2047 by Lionel Shriver. It covers much of what I’ve been thinking ...47 mins ago - Labour’s Fiscal Plan Doubles Down On More Spending, High Taxes And Runaway Debt
Responding to the Labour Party’s Fiscal Plan, Taxpayers’ Union Head of Campaigns, Callum Purves, said: “Labour’s current economic plan of overtaxing hard-working New Zealanders just to waste money on middle-managers, consultants and vanity projects ...1 hour ago - Māori Health Should Not Be A Political Football : Hāpai Te Hauora & E Tipu E Rea Whānau Servi...It has been just over a year since Te Aka Whai Ora, the Māori Health Authority, came into effect and yet as we lead into the election a running theme from some parts of the political sphere is to ask the question "Why hasn't the Māori Health ...1 hour ago
- Fiscal plans fly as overseas voting opens
Everything the Labour Party has promised it can pay for with some left over, it says, but National has dubbed the notion a fantasy The Labour Party has released its fiscal plan showing how its election promises and the ongoing cost pressures in the public sector would fit within Budget allowances. Finance spokesperson ...2 hours ago - Ruapehu has had a great ski season – but we need to reimagine the future of NZ’s iconic volcano
Source: The Conversation (Au and NZ) – By Holly Thorpe, Professor in Sociology of Sport and Gender, University of Waikato As a former competitive snowboarder and instructor, and later a researcher of snow sports, I’ve been lucky to enjoy ski resorts around the world. But nothing compares to Mount Ruapehu ...2 hours ago - Election 2023: What you need to know before voting
Explainer - On 2 October, early voting will begin for the general election that will decide who will govern the country for the next three years. So let's take a look at the nuts and bolts of casting a vote. ...2 hours ago - Hackers offer stolen Auckland Transport data for sale on dark web
Customer and financial data 'not compromised', city's transport agency believes Auckland Transport confirms hackers have made good on their threat to offer up the transport agency’s stolen data on the dark web. Roger Jones, the executive general manager for business technology, and his team were monitoring the threat overnight, after a group ...2 hours ago - Election 2023: National announces plan for 300 more frontline police to tackle inner-city crimeCiting an escalation in crime in CBD areas, National has announced it would increase the number of frontline police officers focused on inner-city crime, if elected. ...2 hours ago
- Politics Of Benefit Sanctions Cruel And DishonestBenefit advocate and Welfare Expert Advisory Group member Kay Brereton is calling for some basic facts and empathy from political parties looking to fish for votes with beneficiary bashing. Brereton says the call to put sanctions on people on benefits ...2 hours ago
- Hipkins Completely Misunderstands His Own Party’s GST CostingsChris Hipkins’ claim this morning that Labour’s costings for removal of GST off fruit and veg account for behavioural changes are completely untrue. Responding to Mr Hipkins’ attacks on the Union, spokesman Jordan Williams said: “We couldn’t ...2 hours ago
- Demise of CSU news journalism course was ‘greatly exaggerated’A Charles Sturt University journalism academic says the evolving communication course at his institution in Australia continues to feed the ranks of the irrepressible “Mitchell Mafia’”. Jock Cheetham, senior lecturer in news and media in the Charles Sturt School of Information and Communication Studies in Bathurst, said recent “news” ...3 hours ago
- Overseas voting opens, campaign encourages Kiwis in Australia to voteAbout 78,000 enrolled voters have an overseas address, the Electoral Commission says. ...3 hours ago
- New poll: Labour maintains lead in Te Tai Tonga, albeit a shrinking oneTe Tai Tonga, the largest of the 71 electorates, and encompassing the entire South Island, Stewart Island, the Chatham Islands, all the islands in the Southern Ocean, as well as a large part of Wellington City, has been held by incumbent Labour MP Rino Tirikatene for 12 years. And according ...3 hours ago
- Election 2023: National announces 300 more frontline police to tackle inner-city crimeCiting an escalation in crime in CBD areas, National has announced it would increase the number of frontline police officers focused on inner-city crime, if elected. ...3 hours ago
- Shop the fit: Winston PetersThis week in our campaign style series, Winston Peters is the king of snot-less pocket squares and bringing things back from the depths of his wardrobe. Not many encyclopaedic entries include politicians’ personal style, choosing instead things like biography, policies, speeches and ideological alignments. But in Te Ara, the official ...3 hours ago
- The Vested Interests Shaping National Party PoliciesAs the National Party gets closer to government, lobbyists and business interests will be lining up for influence and to get policies adopted. It’s therefore in the public interest to have much more scrutiny and transparency about potential conflicts ...3 hours ago
- Younger Voters And Aucklanders Most Likely To Consider Voting Women’s Rights Party This ElectionNearly half of voters aged 18-39 [49%] said, in a Curia Poll, they would consider giving the Women’s Rights Party their party vote in the upcoming Election. In a poll conducted by Curia Market Research commissioned by the Women’s Rights ...3 hours ago
- Cold weather doesn’t stop regional democracyIt’s a cold and blustery day here in the central Hawke’s Bay and I’ve just pulled into a local cafe for a coffee and some food (I now understand why being on the road like our political leaders encourages you to eat a very pastry-heavy diet). I’m here to spend ...3 hours ago
- Media Led Into Incorrectly Crediting Firearm RegistryMedia have once again been led into incorrect reporting on the firearm registry, this time repeating claims that the new firearms registry enabled identification of a firearm on-seller, even though the data had been collected separately by Police ...3 hours ago
- Labour’s fiscal plan doubles down on its ‘trust us with your money’ aestheticNo surprises in today’s final fiscal announcement – but clear evidence Labour believes its request that National ‘show it the money’ is working. Prime minister Chris Hipkins and finance minister Grant Robertson delivered Labour’s fiscal plan – its vision for how it will raise money, and what it will spend ...3 hours ago
- NZ govt ‘welcomes’ US diplomatic relations with Cook Islands, NiueBy Lydia Lewis, RNZ Pacific journalist The New Zealand government has given its full blessing to Cook Islands and Niue establishing diplomatic relations with the United States. At the US-Pacific summit on Monday (Washington time), President Joe Biden said he recognised the two island nations as sovereign and independent states, ...4 hours ago
- NZ govt ‘welcomes’ US diplomatic relations with Cook Islands, NiueBy Lydia Lewis, RNZ Pacific journalist The New Zealand government has given its full blessing to Cook Islands and Niue establishing diplomatic relations with the United States. At the US-Pacific summit on Monday (Washington time), President Joe Biden said he recognised the two island nations as sovereign and independent states, ...4 hours ago
- New Report Shows National Emissions Reduction Policies Could Impact Auckland Economy Harder Than Res...Tāmaki Makaurau Auckland could experience a six per cent reduction in GDP compared to the rest of Aotearoa New Zealand in 2050, according to a new climate report. Mitigating climate change in New Zealand: impacts on Auckland’s economy describes how the ...4 hours ago
- The everyday technologies essential for accessibilityIt’s easy to take for granted, but technology exists to help us. The Spinoff spoke to four people with disabilities about the tech they consider essential. We often think of technology as irking us – Duolingo scolds, Instagram pesters and TikTok steals time. But, if I did throw my phone ...4 hours ago
- Weird but true: The year’s most emotional TV played out on Celebrity Treasure IslandThe inspired casting of Tāme Iti on a fundamentally silly reality TV show paid off in an impossibly resonant scene last night. The scene is unimaginably pretty. Somewhere outside Wānaka, on an island far from any road, two men wander along the lakeside. The pair are bathed in sun despite ...4 hours ago
- Candidates Front Up On Social Issues...4 hours ago
- Leaflet Campaign Ranks Party Climate Policies — National And NZ First Bad, ACT WorstClimate change campaigners will be delivering 40,000 leaflets around the country to alert voters about which parties are best and worst on climate change policies. See attached leaflet. "You wouldn't know it from a lot of political posturing ...4 hours ago
- Newsletter: September 27 2023 – Items of interest and importance todayNew Zealand Politics Daily is a collation of the most prominent issues being discussed in New Zealand. It is edited by Dr Bryce Edwards of The Democracy Project. NZ Politics Daily: 27 September 2023 ELECTION Gordon Campbell: On whether Winston Peters can be a moderating influence and bashing beneficiaries, again Jessica Mutch ...5 hours ago
- Election 2023: Labour's fiscal plan looks to reduce government spending, maintain income tax se...Labour has released its fiscal plan stating now is not the time for additional taxes and acknowledged the next few Budgets would be tight. ...5 hours ago
- New IEA Report A Warning That National Must Abandon Offshore Oil Drilling Policy – GreenpeaceFollowing the release of the International Energy Agency (IEA) ‘Net Zero Roadmap Update' yesterday, Greenpeace Aotearoa says that the National Party is out of touch with its promise to reverse the 2018 ban on new offshore oil and gas exploration. ...5 hours ago
- Labour releases fiscal plan promising further savings and return to surplus in 2027Labour has released its fiscal plan, a 12-page document laying out its spending plans over the next three years in response to the PREFU released earlier this month. It is forecasting a return to budget surplus in 26/27, and net debt to peak at 22.8% in the 24/25 fiscal year. ...5 hours ago
- Labour releases fiscal plan promising further savings and return to surplus in 2027Labour has released its fiscal plan, a 12-page document laying out its spending plans over the next three years in response to the PREFU released earlier this month. It is forecasting a return to budget surplus in 26/27, and net debt to peak at 22.8% in the 24/25 fiscal year. ...5 hours ago
- Westpac McDermott Miller Employment Confidence, September Quarter 2023The Westpac McDermott Miller Employment Confidence Index (ECI) fell by 7.4 points to 98.3 in the September quarter. This is the first time since March 2021 that households have held a negative view about conditions in the labour market, and the lowest reading ...5 hours ago
- Mount Albert candidates listen to renting horror stories at eventAt an event in Grey Lynn last night hosted by advocacy group Renters United, candidates for the Mount Albert electorate discussed housing issues with renters. Instead of a standard debate format, the event rotated candidates between tables of renters, giving attendees the chance to talk about some of their concerns ...5 hours ago
- Mount Albert candidates listen to renting horror stories at eventAt an event in Grey Lynn last night hosted by advocacy group Renters United, candidates for the Mount Albert electorate discussed housing issues with renters. Instead of a standard debate format, the event rotated candidates between tables of renters, giving attendees the chance to talk about some of their concerns ...5 hours ago
- Source: The Conversation (Au and NZ) – By Alan Labas, Lecturer in Management, Federation University Australia Food waste is a global problem with approximately 1.3 billion tonnes of food wasted each year throughout the food lifecycle – from the farm to food manufacturers and households. Across the food supply chain, ...5 hours ago
- 7 ways to look after yourself and your community before and after the Voice referendumSource: The Conversation (Au and NZ) – By Jacob Prehn, Associate Dean Indigenous College of Arts, Law, and Education; Senior Lecturer – Indigenous Fellow, Social Work, University of Tasmania GettyImages The lead-up to the Voice referendum is already affecting the health and wellbeing of Aboriginal and Torres Strait ...6 hours ago
- Why the Voice could be a bulwark against Trumpism gaining a stronger foothold in AustraliaSource: The Conversation (Au and NZ) – By Bruce Wolpe, Non-resident Senior Fellow, United States Study Centre, University of Sydney As former Labor minister Barry Jones has wisely noted, the Voice referendum feels like 2016 all over again. The shock from the Brexit vote in the United Kingdom in ...6 hours ago
- What do we know about long COVID in kids? And what do I do if I think my child has it?Source: The Conversation (Au and NZ) – By Shidan Tosif, Honorary Clinical Associate Professor, The University of Melbourne While COVID in children has generally been milder than in adults, there are concerns long COVID may be a major consequence for children and young people arising from the pandemic. Long COVID, ...6 hours ago
- Playful whales can use seaweed as a hat – or exfoliant. This “kelping” behaviour is more commo...Source: The Conversation (Au and NZ) – By Olaf Meynecke, Research Fellow in Marine Science, Griffith University WA Western Whale Watch Australia, CC BY-NC-ND If you’re a whale, there’s often not too much to see out in deeper water. Perhaps that’s why so many whales get playful with ...6 hours ago
- Meet the experts in selling scienceFor New Zealand scientists trying to solve big-picture problems, turning them into commercial businesses is often an afterthought. Vanessa Young from the MacDiarmid Institute talks to some of the people guiding scientists through this journey. For many of us, trying to understand the hi-tech world of startups is challenging at ...6 hours ago
- Meet the experts in selling scienceFor New Zealand scientists trying to solve big-picture problems, turning them into commercial businesses is often an afterthought. Vanessa Young from the MacDiarmid Institute talks to some of the people guiding scientists through this journey. For many of us, trying to understand the hi-tech world of startups is challenging at ...6 hours ago
- On the campaign trail with Carmel SepuloniThe deputy PM on boosting the Pasifika vote turnout, her go-to cafe order and why she doesn’t want to be prime minister. Nestled among Titirangi’s native bush and towering trees, down a short steep driveway, with Labour Party hoardings spotting the yard, is the home of deputy prime minister and ...6 hours ago
- The candidate prepared to cross the floor against their own party
The voters aren't coming to them, so Maungakiekie's candidates are going to the voters. ‘They want to hear me say that if I become the local MP, I will lie on the proposed railway tracks. And I will!’ ...6 hours ago - The Bulletin: Does more advance voting impact results?Overseas voting in the October election starts today, ahead of local voting booths opening on Monday. In today’s Bulletin, the rise and rise of advance voting. In 2020, Claire Robinson concluded that advance voting probably benefits the traditional major parties and that the so-called minor parties benefit from late strategic voting. “Since ...6 hours ago
- Luxon and Hipkins ready for next showdownIt’s Tuesday, September 27 and welcome back to The Spinoff’s election live updates. I’m Stewart Sowman-Lund, on deck from Palmerston North, with support from our news team around the country. Get in touch with me on [email protected] Learn more about the political parties and where they stand at Policy.nz ...7 hours ago
- National, NZ First propose tougher beneficiary sanctions, trade tax barbsIn the same week National leader admitted he would work with New Zealand First, both parties have launched new policies aimed at reducing the number of people on benefits. Both take a hardline approach, though are significantly differ. While National’s proposal would introduce a tiered, traffic light framework at which ...7 hours ago
- The golden girl returns
Tayla Bruce has gone from a teenager fan with an NZ fern in her hair to world champion in bowls. Angela Walker tells her remarkable story “A true full circle moment,” is how Tayla Bruce described the surprise celebration that was put on for her at her bowls club in Christchurch. When ...7 hours ago - The rise and rise of advance votingOverseas voting opens today and advance voting starts on Monday. How influential could offshore voting be, and why are we still waiting for fiscal plans, asks Anna Rawhiti-Connell in this excerpt from The Bulletin, The Spinoff’s morning news round-up. To receive The Bulletin in full each weekday, sign up here. Just ...7 hours ago
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Who will rid me of this turbulent OIA priest ?
Cant see to find the Ombusman office decision online which declined to back Kelsey up.
Jane Kelsey has made all the documents from her OIA battle (including the Chief Ombudsman’s decision) available here: https://tpplegal.wordpress.com/
To these modern day politicians, the process of democracy is just a nuisance.
This shows how easy it would be for a country to slip into a dictatorship if the correct procedures are not followed.
Thank goodness for the likes of Prof Jane Kelsey.
This is an example of where the appointment of the Ombudsmen is VERY important. Oversight of the Ombudsmen is crucial and so is RESOURCING of the office. If you are not a professor of law or a wealthy person you have to sit back and watch months (and sometimes years) pass before the O’s office can get to you. Government departments know this and, in my experience, abuse it by defaulting to refusal knowing how long followup will take.
Nats will appeal so it goes beyond the 30 days when all information of the agreement will be released BUT something tells me they dont want their cost/benefit analysis released until they absolutely have to. Which is odd given how sure they are the deal is “good” for NZ
This was a judicial review type process. The Court, as far as I can tell, has not said Groser should have released the information, it has said he and his office wilfully ignored the proper process to following in reaching the decision to not release. Hence it is sent back to be decided by following the correct process.
No need to appeal surely, just go through the correct process this time and your original decision will be justified, right Timmy?
+100
+
With the help of https://www.fyi.org.nz I have filed a request for information from Mr Groser regarding the effects of the Trans Pacific Partnership Agreement on New Zealanders human rights and our obligations in this regard overseas. I got a nice long detailed answer that did everything BUT answer my questions.
Trying again. Complaining to the Ombudsman is on the cards if this does not work out.
Good luck, seems the government finds all sorts of spin (on any subject) instead of a proper response.
And given the irresponsibility of the OIA Ombudsman, a political appointee, I don’t hold high hopes for your challenge.
I would not pin that much hope in the present Ombudsman, she is also going to be replaced soon, her age is well over the age an Ombudsman is meant to have while serving, she must retire a.s.a.p..
ALL Ombudsmen have been hamstrung by a pitiful lack of resources arising from a cynical use of the system/process by Departments of our Government and their bosses.
Yep, both Ombudsmen we have are not that great at all, despite of the odd decisions that some have celebrated in the past. Ron Paterson seems to be rather soft on medical practitioners and also some state agencies when it comes to complaints about these, OIA related or otherwise. Beverley Wakem has made some appalling decisions, as I can gather, having read a few. She seems to be letting government agencies off too often, giving them more credit than any genuine complainant.
It is time for a real shake-up in this area.
If the government wants to appeal the court decision, then we can interpret this as a further attempt to cover up their breaches of the spirit and the law of the OIA.
“Little takes the ball, he dribbles through the opposition like they were not there, his speed and timing are amazing to watch. He approaches the goal and shoots, it’s a ripper and the crowd roars!, right into the far right of the net, goal keeper Kelsey was powerless to stop that shot. Suddenly the crowd goes quiet, bigger, an own goal…”
https://www.youtube.com/watch?v=tWSr1Aw0EBA
I await with breathless anticipation police charges for breaking the law.
Or any admission of personal responsibility, from, the party of “personal responsibility”.
You will wait a long time KJT, as no one can be charged with ‘breaking the law’ under the OIA, nor are there any sanctions for failing to comply with it – apart from the requirement to go back and have another crack at doing it properly.
and, of course, the government’s complete lack of integrity and their constant refusal to take personal responsibility for their incompetence.
True enough
but
note something the Judge said…
The Act (OIA)
‘plays a significant role in New Zealand’s constitutional and democratic arrangements. It is essential the Act’s meaning and purpose is fully honoured by those required to consider the release of official information… The orders I have made reinforce to the Minister and other decision-makers the importance of discharging their responsibilities under the Act and promote future compliance’.
What are the sanctions available to the courts if Groser (or some other compromised trougher) embodies everything the National Party represents by continuing down his illegal path?
True, but the law can be enforced by a court order, and if that’s not complied with, Contempt of Court is on the table.
Pity. Responsibility obviously does not apply in Government.
If we could hold politicians to the same professional standard as builders, for example, we could charge them with serial child abuse for the 300 000 children they have neglected.
Considering that this governments policies have likely resulted in increased suicide we should probably be charging them with murder. Life sentences for the entire government.