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The Law Commission is to review the Official Information Act after a book revealed it was sometimes used as a tool for playing political games.
Law Commission head Sir Geoffrey Palmer yesterday asked the Government to refer the act to him for a review, saying research showed a "climate of suspicion" and that public servants were often frustrated by it.
Sir Geoffrey's request - which Justice Minister Annette King approved - followed the publication of Free and Frank by Nicola White, an assistant Auditor-General.
Ms White's book said decision-making by Government was generally transparent because of the act, but more explicit rules were needed to help officials decide which information could be withheld. Sir Geoffrey said Nicola White's book had convinced him of the need for a review as the act reached its 25th anniversary. He said the principles on which the act was founded were still relevant and its framework was strong and flexible.
However, it was a major constitutional change "and no act should stay on the statute books as long as 25 years without being seriously looked at again". He said there was no comprehensive training on it, and one of the problems was "a failure of institutional support, education and commitment to the act. It has dropped out of the public view".
Sir Geoffrey said he believed "some tweaking" and "changes at the edges" could deal with the problems.
Research done on the act had showed a "climate of suspicion" when such requests for information were refused and people suspected it was to save a minister or department from political embarrassment.
Ms White said delays in releasing information, and broad, unspecific requests were also problematic. She quoted civil servants who told her they would not write things down in case it got caught under the act, and they "lean heavily on those provisions we can apply to prevent information being released".
Ms King said some areas of the law could be improved, but she believed it could be done by providing clearer guidelines using the existing wording of the act.
