Photo: RNZ / Samuel Rillstone
Minister for Māori Development Willie Jackson has failed to meet his legal obligations under the Official Information Act (OIA) in three cases, Ombudsman Peter Boshier has ruled.
Jackson has apologised, blaming human error, and says a new process has been introduced to prevent it happening again.
In a statement, Boshier said the minister failed to meet timeliness obligations including failing to communicate a decision on the OIA requests within 20 working days.
"The failure to meet these statutory obligations was contrary to law. In two cases the Ombudsman made recommendations to the Minister," the ombudsman wrote.
"The lack of compliance with the statutory criteria in all three cases was 'unacceptable'."
In his report, Boshier laid out the three complaints laid with his office over OIA requests in the second half of 2022.
One related to a request on 7 June for copies of documents related to the Anti-Money Laundering and Countering Financing of Terrorism Act 2009. The requester emailed the Minister 22 days later on 29 June, and again on 8 July, before complaining on 11 July.
Jackson apologised for not responding, and said there was no reason for the delay other than staff failed to follow OIA processes.
Boshier recommended Jackson inform the first complainant about his decision as a priority, review his office's procedures, and remind staff of their obligations. He told Jackson of his intention to refer the case to the Solicitor-General.
Jackson apologised to the requester in early November, provided a response, and confirmed OIA processes had been reviewed.
Another complaint was laid over a request from 30 May for information about an appointment to a technical working group on the UN Declaration on the Rights of Indigenous Peoples.
The request was initially laid with Te Puni Kōkiri and was transferred to Jackson's office on 10 June. The time limit was extended the following day to 22 August, but after no response the complaint was laid on 13 September. A decision about part of the request was made and communicated on 27 September.
Jackson acknowledged the failure to meet his obligations, and responded to the request.
The final complaint related to a request laid on 18 July for information relating to the 2018 Māori Media Sector Shift Review, with a complaint laid about a lack of response on 26 September - long surpassing the 15 August deadline.
However, the ombudsman did not make any recommendations about this request, as the information had already been released.
The ombudsman said Jackson had failed to meet his statutory obligations in all three cases, and noted "a consistent lack of responses to correspondence".
The report noted Jackson had apologised on behalf of his office to all three requesters, and to the ombudsman.
When asked for comment on the cases, Jackson's office said the ombudsman's findings were a direct response to the complaints.
"We had a staffing issue, which we advised the Ombudsman of, and have since rectified the issue. We accept the findings, improved our office processes, and therefore consider the matter closed."