A bill aiming to bring statistics legislation up to date after nearly 50 years is set to become law, despite concerns raised by statistical, constitutional and Māori experts.
Photo: RNZ / Angus Dreaver
The Data and Statistics Bill passed with the support of Labour, National and the Greens last night, with the ACT and Māori parties opposed.
It will replace the Statistics Act - which has remained relatively untouched since 1975 - with the Data and Statistics Act.
Statistics Minister David Clark said the world had become increasingly digital and data-driven, and the new law would account for the rapid technological changes seen in recent decades.
But the law has faced some criticism.
Among others, former chief statistician Len Cook, former statistics minister Maurice Williamson and constitutional law expert Geoffrey Palmer warned it would risk exposing official data to political meddling and unregulated sharing.
This was because, they argued, it would allow the Government Statistician to delegate tightly controlled powers to others while also eroding the Statistician's political independence.
However, Stats NZ rejected those criticisms, saying delegation powers were brought in under State Sector Act changes in 2013.
The new bill would increase transparency while making it clearer that enforcement functions could not be delegated, the department said.
With the bill's passing, Clark said the government statistician's expanded delegation powers would be subject to proper legal safeguards for the first time under the new law.
"I think it's critical that we have modern, fit for purpose legislation that builds on and reinforces strong ethical decision-making frameworks, clear accountabilities, and the proud independence of the Government Statistician in the production of robust statistics," he said.
"These things are critical for good decision-making in governments and also for holding government decision-makers to account. Of course, the data that's produced in government is also used by business, by citizens, by academia, and by others."
It would also explicitly recognise the Treaty of Waitangi, Te Tiriti o Waitangi, and its principles for the first time, he said.
"Closing data gaps, and improving data quality, will ensure we make the right decisions to improve outcomes for these groups and that they can make decisions themselves which empower their people," Clark said.
During the parliamentary process, Māori experts had argued the Bill ignored the recommendations of Te Kāhui Raraunga (the Data Iwi Leaders Group), and the Council for Civil Liberties also urged more oversight by Māori.
Green MP Elizabeth Kerekere supported the Bill but urged the government to consider regular reviews of the legislation. Amendments to ensure such reviews every three years, proposed by the Greens and Te Pāti Māori, had been rejected by the government.