Minister for Courts William Sio has been found to have acted "contrary to law" over his office's handling of an Official Information Act request.
Chief Ombudsman Peter Boshier also raised concern that the minister's office did not understand how parts of the OIA worked.
The judgment on Sio came afteran OIA request to his office in January last year.
The Minister's office sought an extension, which it could under the law, and then sought to extend again, and then again and even again after that with the eventual response landing in May.
Boshier found the three subsequent extensions were not options under the law.
Rather, the law required any extension to be made during the initial 20-day period after an OIA was lodged and not again.
The finding puts the Government a long way from a pledge made when taking office that it would be "the most open, most transparent Government that New Zealand has ever had".
Boshier's decision, released today, will carry a sting for the Government: the finding Sio was acting "contrary to law" sits at the stronger end of the language the Chief Ombudsman could have chosen to use.
Those who are regular users of the OIA are raising concerns over the way it is being treated by ministers and some government agencies. Prolonged extension periods were among common complaints cited.
The reprimand for Sio began with an OIA request received by his office on January 8. The OIA usually required a response within 20 working days although the law allowed for an extension if the requester was notified inside that timeframe.
Sio's office sought the extension, letting the requester know that a response would be provided by March 8.
Minister of Courts Minister Aupito William Sio. Photo / Mark Mitchell
But that was followed by two other extensions, which ultimately sought to push the response date out to April 30. By that time, a complaint had been made to the Office of the Ombudsman.
Boshier wrote to Sio, telling him that extensions could only be made during the initial 20-day period. He asked Sio if he accepted there had been a delay making a decision, communicating that decision and asked when a decision would be made.
Sio had been asked to respond within five days and did not, Boshier's finding stated. Sio eventually wrote back 11 days after being contacted by Boshier, acknowledging a failure to communicate a decision but also saying he intended to again extend the response time.
On May 6, Boshier told Sio his actions around the extensions appeared to be "contrary to law". In his letter, he said he was concerned the minister had not responded to his inquiries "in a timely manner".
Boshier also said the responses from the minister, and the eventual OIA response to the requester, "did not demonstrate an understanding of the statutory timeframes in the OIA". He said there was also no apology or explanation for the delays.
The finding included the minister's response, in which he accepted a failure to meet his OIA obligations and an assurance his office's processes would be reviewed to better comply with the OIA.
Media Freedom Committee chairwoman Miriyana Alexander, head of NZ Herald Premium, confirmed media representatives were preparing to meet Boshier and would discuss the OIA.
She said member newsrooms of the committee were concerned "the spirit and intent" of the OIA and its associated local government legislation was not always followed by some government agencies.
"We are concerned about the impact this is having on the freedom of information, and that this is not living up to this Government's promise to be open and transparent."
OIA researcher Andrew Ecclestone said the explanations behind the delay were ignorance or a deliberate action.
"It is unacceptable 39 years after the law was passed that we have a minister's office that doesn't know how to use the extension provisions properly."
The minister's office refused to make any additional comment. The "most transparent" pledge was made by former Labour minister Clare Curran, who resigned from her Open Government portfolio after not disclosing meetings. She finished her parliamentary career at the 2020 election.
