The investigation found agencies broadly met the required standards but was also critical of a range of practices employed by agencies.
It identified occasions in which ministerial officials tried to limit the scope of information released or tried to change an agency's decision about what was to be released. It also found an atmosphere of "suspicion and distrust" around those using the Act and those handling the requests.
As Wakem's successor, Boshier announced in 2019 he was undertaking a follow-up inquiry.
In the report released today he said the OIA was fundamentally a sound check on the government's exercise of power during the pandemic.
"Overall my investigation has found the core public service is increasingly transparent and open.
"Senior leaders are signalling their commitment to these principles and making them more visible on their websites, a far cry from five years ago."
Boshier raised concern about agencies providing ministers with days of advance warning of potentially adverse information being released.
"The fundamental issue is the way agencies are considering and responding to OIA requests. My investigation found this process is only as difficult or as painful as an agency makes it for itself."
Boshier's concern about government media teams was that they failed to understand their interaction with journalists was still governed by the OIA which required reasons provided when information was not provided.
"There appears to be a widespread misapprehension that many media information requests don't fall under the OIA, and that applying the law is difficult and complicated. These perceptions are false."
Boshier said he had found "multiple examples of media teams" breaching the section of the law which required reasons.
"Media teams are failing to give journalists a reason when they refuse to provide information or inform them of their right to complain to me.
"This misconception about journalists' queries is fuelling the growing mistrust within news organisations about the way agencies are managing requests for information. It is also leading to the view that agencies are using the OIA to undermine transparency.
"I am growing increasingly concerned about the experiences journalists are reporting and the apparent dismissal by some agency media teams of the OIA legislation which underpins their work."
Public Services Minister Chris Hipkins said the Government was responding to more requests for information, and written questions than any government before.
"If you look at the Ombudsman's most recent investigations … they show OIA requests are being replied to in much greater number, and where they are being declined it is usually because the information doesn't actually exist."
He said that was the case in about 80 per cent of cases where an OIA request was declined.
Asked about the Government's transparency, he said: "It's always a work in progress. I think we're more transparent than previous governments have been. But there's always room for improvement and we will keep looking for those areas that we can do better on."
Prime Minister Jacinda Ardern said she was happy with the transparency of the Government, saying they released Cabinet papers, ministers' diaries and were releasing more information than in the past. "So we have made gains. There's always more to do though."
Asked about a request that had taken almost 60 days to get an answer, Ardern said it responded to thousands of requests "but from time to time you may see one that is lost in the post."
National Party justice spokesman Paul Goldsmith highlighted the contrast between the Chief Ombudsman's report and the government's oft-quoted promise to be the most transparent and accountable ever.
While Goldsmith wouldn't make such a "sanctimonious" promise on behalf of National should it become government next year, he said it was "deeply ironic" that the report spoke of a "growing distrust" because of media and OIA management.
"I'm not going to make the mistake of promising to be the best in history but we do understand very much the importance of effective monitoring of Parliament by the media. It's important this system works and is seen to work."
In relation to OIA requests going to the Beehive for consultation or notification, Goldsmith said it was important Ministers were informed of issues before they were asked about them but the five days highlighted by the report was too long.
The agencies investigated were: Accident Compensation Corporation; Department of Corrections; Ministry of Education; Ministry of Foreign Affairs and Trade; Ministry of Health; Ministry of Justice; New Zealand Customs Service; New Zealand Defence Force; Waka Kotahi NZ Transport Agency; Ministry of Social Development; Ministry of Transport; Public Service Commission.
- Additional reporting Claire Trevett
