Ombudsman greenlights ministers keeping inaccurate records of meetings
In a disappointing decision, Chief Ombudsman Peter Boshier has opted to not refer the now former Local Government Minister Simeon Brown to the Chief Archivist for his failure to keep accurate records of his meetings. This is despite there being clear and significant discrepancies with the records he kept of discussions held between him and the Wellington Mayoral Forum in March 2024 obtained under the Official Information Act and those supplied by councils in the region under the Local Government Official Information and Meetings Act.
It’s a concerning development, because as had anyone solely relied on the information that Brown had provided in his first response - as they should have been able to - they would have been none the wiser that the question of the Coalition’s approach to Wellington regional amalgamation would have been covered in some detail during the discussion at that meeting between elected representatives and the minister.
It was only because Local Aotearoa had also asked a similar question of councils across the region that their more expansive notes on what was discussed, outlining as they did the views of the Coalition towards the various pathways for Wellington regional amalgamation, that the very fact the discussion had taken place at all came to light, let alone the even more important details of it.
Boshier’s decision also flies in the face of his recent decision to refer Associate Health Minister Casey Costello to the Chief Archivist for failing to keep adequate records on the authorship of advice about tobacco policy supplied by her office to officials.
It’s clear from the LGOIMA responses from councils that the discussion they had with Brown about amalgamation was more than incidental, not least because it was the product of month’s of work developing a possible proposal to push things along.
However, the net result of Boshier’s decision is that effectively ministers don’t need to keep records of discussions at meetings that actually accurately reflect what was discussed. While requesters should always double check the accuracy of information they are provided, the principle of ministers providing accurate information used to be important for holding government’s to account and providing transparency over the policy and decision making processes.
However that no longer appears to be the case if ministers don’t now have to keep accurate records of what they discussed at meetings with stakeholders relevant to their portfolios.
It’s not only a disappointing step backwards for transparency and accountability, but it also puts a black mark against Boshier’s reputation for upholding these values in the closing days of his tenure as Ombudsman. Much like Boshier’s current lack of action over councils refusing to open up their closed door workshops and briefings (despite his explicit call for the entire sector to do so), this all serves to highlight broader issues with our transparency and accountability regime that will only serve to undermine public trust in our civic institutions if they’re left unaddressed.