Official Information (Criminal Penalties) Amendment Bill
Member's Bill
Explanatory Note
While the Official Information Act regime is sound as written, the Ombudsman has identified a problem with a culture of game-playing among government agencies aimed at frustrating requests. One of the drivers of this culture is a sense of impunity: the Ombudsman's complaints regime is slow, aimed primarily at mediation, and universally characterised as a "wet bus ticket", and there are no real penalties for non-compliance.
This is a significant gap. At least 72 countries include criminal penalties for deliberate non-compliance in their freedom of information regimes. The purpose of such penalties is not primarily to punish, but to deter, and to give public servants a strong basis with which to push back on pressure to unlawfully withhold information.
This bill aims to fill that gap. It would make it an offence to destroy, damage, alter, conceal, or falsify official information, or direct, counsel or procure anyone to do the same, with the intention of preventing disclosure of official information in response to a request made under the Act. The maximum penalty is two years' imprisonment - a figure deliberately chosen to deter Ministers, who would automatically lose their seat in Parliament if convicted of this offence. The bill also inserts a similar provision into the Local Government Official Information And Meetings Act 1987 to provide a deterrent at the local government level.
Official Information (Criminal Penalties) Amendment Bill
The Parliament of New Zealand enacts as follows:
1. Title
This Act is the Official Information (Criminal Penalties) Amendment Act 2023.
2. Commencement
This Act comes into force on the day after the date on which it received the Royal Assent.
Part 1
Amendments to the Official Information Act 1982
3. Principal Act Amended
This Act amends the Official Information Act 1982.
4. New Section 48A inserted
After section 48 insert
48A. Offence
"Where a request has been made under part 2 or part 4 of this Act, every one is liable to imprisonment for a term not exceeding 2 years or a fine not exceeding $50,000 who, with intent to prevent disclosure of any official information relevant to the request—
(a) destroys, damages or alters any official information;
(b) conceals any official information;
(c) falsifies any official information;
(d) directs, counsels, procures, or causes any person to do anything mentioned in this section."
Part 2
Amendments to the Local Government Official Information And Meetings Act 1987
5. Principal Act Amended
This Act amends the Local Government Official Information And Meetings Act 1987.
6. New Section 41A inserted
After section 41 insert
41A. Offence
"Where a request has been made under part 2 or part 4 of this Act, every one is liable to imprisonment for a term not exceeding 2 years or a fine not exceeding $50,000 who, with intent to prevent disclosure of any official information relevant to the request—
(a) destroys, damages or alters any official information;
(b) conceals any official information;
(c) falsifies any official information;
(d) directs, counsels, procures, or causes any person to do anything mentioned in this section."
