Peter Boshier’s decision – which followed a complaint by Forest and Bird – found the Department of Conservation was both unlawful and unreasonable in its refusal to provide copies of its advice to ministers regarding the proposed Fast-track Approvals Bill.
The bill in its current form would see an unprecedented amount of power placed in the hands of the Ministers for Infrastructure, Transport and Regional Development – Chris Bishop, Simeon Brown and Shane Jones – who would have the final say on whether projects go ahead, with fast-tracked projects able to sidestep rules in existing legislation, and projects already rejected by courts able to get the go-ahead.
Environmental advocates have called it a “war on nature”, and legal experts have warned it would open the ministers up to accusations of bias and conflicts of interest.
On 8 March, Forest and Bird requested a copy of advice provided by the department to ministers regarding the Fast-track Approvals Bill, which the department refused.
Its reasoning fell under section 18(d) of the Official Information Act 1982: “That the information requested is or will soon be publicly available”.
But according to the Ombudsman: “I have formed the final opinion that the Department’s decision was not lawful because there was not, at the time, a sufficiently developed proposal to release all the information that had been requested.”
I don’t know what goes through the minds of DOC bureaucrats but they need reminding and have instilled in them a sense of duty to the public who after all, pay their salaries plus that the function is in the very name, public service.
I had an instance in Marlborough where through a Marlborough District councillor I tried to get information on the tonnages of dead – probably diseased – salmon being dumped at the local refuse transfer station by a salmon farming operation in the Marlborough Sounds. A bureaucrats responded that under the OIA he would not release the information on the grounds of “commercial sensitivity.”
“Commercial sensitivity” is a nonsensical, weasel word phrase. I went to the Ombudsman who after investigation told the council it had to release the information.
Now I get monthly figures and the tonnages dumped are astounding.