Tracking what every party says — 2026 General Election & beyond
← All promises
ISSUEIn progress

Open government and the OIA under pressure

Governance8 tracked updates
0
✦ AI Overview

Open government is a core part of how New Zealand holds power to account: under the Official Information Act 1982 (OIA), anyone can ask for government-held information and the principle of availability means it should be released unless there is good reason to withhold it. This entry tracks a growing tension between the National–ACT–NZ First coalition's talk of accountability and transparency and a run of moves — legislative and administrative — that critics say restrict access to official information. It matters because the same government that promises openness is, in several flashpoints, building new walls around it.

What's happening:

  • The Fisheries Amendment Bill, introduced in March 2026, would exempt on-board fishing-vessel camera footage from the OIA entirely and create a $50,000 fine for leaking it. Fisheries Minister Shane Jones set that figure after the Ministry of Justice advised a maximum of $5,000–$10,000 would be more appropriate, in line with the Privacy Act — five times the recommended cap.
  • Justice officials also warned the package — the OIA exemption, the high fine, and a 20-working-day limit on judicial review — could breach the New Zealand Bill of Rights Act by disproportionately restricting freedom of expression.
  • In practice, no OIA request for camera footage has ever resulted in footage being released — requesters have received only data, and at least one researcher's request, plus an appeal to the Ombudsman on public-interest grounds, was declined. Critics argue the bill therefore solves a problem the existing law already manages.
  • On infrastructure, the updated cost estimate and benefit-cost ratio (BCR) for the Auckland-to-Whangārei four-lane highway have been withheld throughout procurement. The Chief Ombudsman sided with the government, accepting commercial sensitivity outweighed the "significant public interest" during live negotiations. The last public BCR, from a 2019 business case, was 0.7 — 70 cents of benefit per dollar spent.
  • More broadly, the Office of the Ombudsman has run investigations into OIA delays across major agencies, finding some treat the 20-working-day maximum as a target and "leaving it to the last possible moment," and that responses are routinely sent to ministers days before requesters see them.

Where the parties stand:

  • NZ First / Shane Jones (Fisheries Minister) defends the footage measures, framing public release as "state surveillance" of industry and saying he does not accept the sector being judged in "the court of public opinion." He has doubled down on the fine despite criticism.
  • National / Chris Bishop (Transport Minister) says the government is "committed to being as transparent as possible within the bounds of the law" and commercial confidentiality, with NZTA promising to release the highway contract value after financial close. The transparency debate overlaps with the coalition's red-tape agenda and the Regulatory Standards Act.
  • Chief Ombudsman John Allen (appointed March 2025) and his office strongly oppose a blanket OIA carve-out, warning it "may curtail fundamental human and constitutional rights to access information without sufficient justification," while stressing each case should be judged on its merits.
  • Greens — Teanau Tuiono (fisheries) and Julie Anne Genter (transport) — argue the footage rules shield industry from scrutiny and that the public deserves to see relative costs and benefits of major roads.
  • Conservation and transparency advocates — Forest & Bird's Geoff Keey, WWF-NZ's Kayla Kingdon-Bebb and LegaSea's Sam Woolford — say privacy and commercial sensitivity are already protected by the OIA and Privacy Act; LegaSea notes cameras revealed "46% more discards" than previously reported. The transparency concerns also connect to bycatch cases like the set-net orca deaths.
  • Industry — Seafood NZ's Lisa Futschek calls the camera regime positive for sustainability, while supporting limits on public release; some operators acknowledge privacy concerns but say regulators should decide access.

What to watch:

  • Whether the select committee softens the $50,000 fine — Jones has signalled the figure may be "readdressed" after a Labour member called it egregious.
  • Whether the OIA exemption survives in the final Fisheries Act amendment, or is narrowed to confidentiality grounds the existing law already provides.
  • Whether the Northland highway's cost and BCR are released after financial close (contract award was targeted for end of July 2026), and what they reveal.
  • Whether the Ombudsman's repeated warnings translate into the stronger OIA penalties his office has floated, or into a long-promised review of the 1982 Act.

_Neutrality note: positions above are attributed to named ministers, the Ombudsman and advocates. This entry takes no view on the merits; the underlying confidentiality, commercial and privacy arguments are contested and stated as each side frames them._

This overview is summarised by AI from public sources. It may contain errors and is a guide, not the definitive record — we welcome corrections.

❓ Our Questions — you decide

Where our research raises a question the policy doesn't answer, we put it to you — these are our questions, not government policy. Your vote stays anonymous even when you sign up (we use sign-up only to send you more things to vote on that you care about), and we report aggregated results only — the country's sentiment, never how any individual voted.

Should camera footage from fishing boats stay covered by the Official Information Act, so the public can still ask to see it, rather than being blocked by a special exemption?
0
Should the full cost and value-for-money figures of major taxpayer-funded roads be made public once the contract is signed?
0
Should on-board fishing camera footage stay subject to the Official Information Act rather than being exempted by law?
0
Should the Government release the cost estimate and benefit-cost ratio for the Auckland-to-Whangārei highway before signing the contract?
0
Should there be stronger penalties for agencies that breach OIA timeframes?
0

Key milestones

Dec 2022official
Ombudsman warns the OIA is being treated as a delay tool

Beyond the fishing and roading flashpoints, the Office of the Ombudsman has run investigations into OIA timeliness across major agencies, finding some treat the 20-working-day maximum as a target and "leaving it to the last possible moment," and that departmental responses are routinely sent to ministers days before requesters see them — fuelling concern that the Act is being used to manage rather than release information.

Office of the Ombudsman
Feb 2025news
Jones floats exempting fishing footage from the OIA

Fisheries Minister Shane Jones signals he wants on-board camera footage exempted from the Official Information Act so it cannot "fall into the hands of people campaigning against the sector," framing public release as state surveillance of industry. Conservation groups and a University of Otago researcher note footage requests are already routinely declined under existing law.

The Spinoff
Mar 2026news
Fisheries Amendment Bill introduced with $50k leak fine

The Fisheries Amendment Bill is introduced to Parliament on 18 March 2026, proposing to exempt on-board camera footage from the OIA, allow MPI to share footage only in limited circumstances (such as enforcement and research), and create a $50,000 penalty for unauthorised disclosure — five times the $10,000 maximum the Ministry of Justice recommended. The bill passes its first reading on 31 March.

B2B News NZ
May 2026news
Jones doubles down as select committee weighs the fine

Facing criticism, Shane Jones defends the camera measures — saying he would like the fine to be higher — even as the Ministry of Justice, Commerce Commission and Office of the Ombudsman all raise concerns. The OIA exemption's fate now rests with the select committee, and the Northland highway's cost and BCR remain unreleased ahead of an expected contract award by late July 2026.

NZ Herald
May 2026news
Jones overrode officials on the $50,000 fine

Documents reveal the Ministry of Justice advised Jones that a $50,000 cap was unreasonable and that $5,000–$10,000 would better fit the Privacy Act — advice he overruled. Officials also warned the OIA exemption, fine and truncated review window could breach the Bill of Rights Act. Green MP Teanau Tuiono and others say the measures shield industry from scrutiny.

RNZ
May 2026official
Chief Ombudsman opposes a blanket OIA carve-out

The Chief Ombudsman tells MPI the office does not support exempting camera footage from the OIA, warning an exemption "may curtail fundamental human and constitutional rights" without sufficient justification, since existing law already lets agencies withhold footage on confidence or commercial grounds. Each request, the office says, should be judged on its merits rather than blocked by statute.

Scoop / Office of the Ombudsman
May 2026news
Northland highway costs stay secret — Ombudsman backs the Crown

The updated cost estimate and benefit-cost ratio for the Auckland-to-Whangārei four-lane highway are withheld during procurement after an OIA request by transport advocate Connor Sharp. Chief Ombudsman John Allen upholds the refusal, accepting a "significant public interest" but finding commercial sensitivity during live negotiations outweighs it. The last public BCR, from 2019, was 0.7.

NZ Herald
Jun 2026
What people are saying

Online reaction splits between those who see the fishing-footage exemption and withheld road costs as the government walling off scrutiny, and those who back confidentiality for industry and live commercial negotiations.

See the conversation:

Aggregated — individual posts are not cited.

Sources

Do you still agree with this promise? In the live site, your vote here feeds your weekly email digest and the party scorecards on the home page.