Political Roundup by Dr Bryce Edwards.
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Dr Bryce Edwards.[/caption]
Information is the lifeblood of democracy. Therefore policy changes by government agencies that will restrict access to OIA requests by charging for information, are leading to concerns about the likely reduction in accountability and transparency in public life.
In the lead up to the release next Wednesday of the annual Transparency International global Corruption Perception Index, there have been some concerning allegations of Official Information Act abuse by government agencies. These were sparked last week when Fairfax business journalist Richard Meadows (@MeadowsRichard) tweeted: “The @ReserveBankofNZ has squashed my OIA requests with a $651 fee. Sad to see our powerful, unelected technocrats discouraging transparency.”
Sam Sachdeva’s Official Information Act request charges for media in spotlight details the unfolding of events around the request, including Meadows’ subsequent discovery that the charge was due to a significant policy change quietly enacted by the Reserve Bank late last year.
This change appeared to have been carried out in tandem with a review and report by the outgoing Chief Ombudsman, Beverley Wakem, which said “the Official Information Act’s charging provisions should apply to everyone who made a request.”
Media appalled by changes
The implications of the Reserve Bank’s new policy were not lost on an appalled media.
“Thanks again, Dame Beverley”, sneered The Dominion Post, already no fan of Wakem (see December’s editorial Chief Ombudsman shows how not to be an information watchdog).
The newspaper delivered a stinging rebuke to the Reserve Bank, likening them to “a hide-bound banker who knows the price of everything and the value of nothing.” The Reserve Bank had started a “very bad trend” by deciding to charge for OIA responses, and the closeted way they went about it was unacceptable: “This is not the right way to make or reveal such a momentous decision.”
Crucially, the editorial pointed out that A tax on official information is a tax on democracy itself, arguing it contravenes the intention of the Act which seeks to make “information available as of right to the country’s citizens; it reverses the previous legal assumption that the government’s information is secret.”
The Dominion Post makes the point that while a fee of $600 would be a serious barrier for most individuals, the media submit challenging and time-consuming requests in their role as “the people’s watchdog over the government” meaning even large media organisations will struggle as the fees add up.
Rather than the media being treated differently to other requesters under the OIA, the newspaper says it “would prefer to urge that government-owned agencies, including large and powerful pillars of the state like the Reserve Bank, should treat the provision of information as a democratic duty. It should therefore regard the cost of giving that information as part of its core business. In other words, its default position should be to give the information free. Only in the most exceptional cases should this rule be breached.”
That’s also the view of Joanna Norris, editor of The Press and chairperson of the NZ Media Freedom Committee – quoted in Sam Sachdeva’s report. Like the Dominion Post, Norris feels charging for information is a “dangerous step”, contrary to the purpose of the act. She believes the attitude around releasing documents is wrong: “They need to stop looking at this as their information, it’s not – it’s the information held on behalf of all New Zealanders. It’s not their information, it’s ours.”
Gordon Campbell is similarly appalled, saying “There are so many wrong things about this policy that it’s hard to know where to start.” He argues that the Reserve Bank has made things difficult “at a time when quality journalism is under financial strain and spin merchants paid for by taxpayers outnumber journalists.” – see: On making the media pay for OIA requests.
The NBR’s political editor Rob Hosking has written about the issue today, saying that the Reserve Bank’s new OIA policy “appears to run counter to the purpose of the law”. He writes his column on the OIA reluctantly, “because I do believe that, generally, journalists problems are not of public interest. But this one is. The fuss over recent weeks about the Reserve Bank charging for official information is just the latest signal from – in this case a remarkably unaccountable body – that it is not going to be bothered with all this pesky accountability stuff. Once you start charging for official information, you are in effect charging for accountability and for democracy.” -see: The ‘observer effect,’ public information and the media.
Bloggers and politicians react
One blogger has fought back against the changes. No Right Turn characterises the changes like this: “The expectation is that charging is going to become a lot more common – or, to put it another way, public information is going to become a lot less available, and Ministers and public servants a lot less accountable. Good for them, but bad for our democracy” – see: An attack on our democracy.
His response has been to file OIA requests with “every core government department seeking information for the last financial year on their total number of requests, the number of times they have demanded and been paid OIA charges, and the total amount collected. If they’re going to do something like this, then we at least deserve a statistical baseline so we can measure the impact. The responses are due on 15 February, and I’ll be tracking them here. Assuming, of course, that they don’t try and charge me for it…”
An economist who worked for decades at the Reserve Bank, including as the Head of Financial Markets, has penned a lengthy blog post criticising and examining the new policy – see Michael Reddell’s OIA: changes in RB practice and in law needed. In this he recalls: “I discovered the new policy when the Bank sought hundreds of dollars to provide me copies of some easily accessible, non-contentious, very old minutes of meetings of the Reserve Bank Board.” More recently, he says he was informed by the Bank that his request for information relating to the TPP would cost him $560.
Reddell argues that his ex-employer has made a “serious misjudgement” with the new policy, but that the Bank has a “generally obstructive approach” to providing public information. This is a concern to him, as “The Reserve Bank is a very powerful organisation, with a great deal of discretionary policy choice left (formally) in the hands of one unelected person.”
Opposition politicians have been outspoken on the policy change. Labour’s Jacinda Ardern warns that if the Reserve Bank’s approach is adopted by other agencies then this would present “a real challenge to open, accountable, transparent government” – see Sam Sachdeva’s Official Information Act request charges for media in spotlight.
Similarly, the Greens’ James Shaw says “If you’re charging $600 or $1200 or whatever, that’s going to mean pretty much that all the requests are going to dry up” – see Sam Sachdeva’s Charges for official information ‘step in wrong direction’: James Shaw. Shaw suggests that officials should spend less time on “obfuscating the information”, and that “If you didn’t spend three-quarters of your time blacking out pages and all of that kind of stuff, it would cost you a lot less to give the information.”
Reserve Bank responds
Geoff Bascand, the Deputy Governor of the Reserve Bank, defended the policy change in a newspaper column on Tuesday – see: Reserve Bank: Charging for official information a ‘reasonable’ response. Bascand said the policy was “consistent with the Official Information Act” and was a “common, fair and reasonable response” to an increase in OIA requests of almost 300 per cent in the past five years.
He assured the public that “While the policy applies to all OIA requests, in practice we will seek charges when requests are large, complex, or frequent.” He also emphasised the Reserve Bank’s commitment to working with requesters to refine their requests in order to reduce or eliminate charges.
In the case of Richard Meadows’ $651 invoice, Bascand explained that “providing the information requested would take an estimated 8.5 hours of chargeable time (along with additional non-chargeable time).” He notes that Meadows was given several opportunities to refine his request but finally chose to withdraw it.
In the end Bascand reminds readers that while government agencies “and therefore taxpayers and ratepayers” bear the cost of providing responses to OIA requests, “like other public sector agencies, our budget is tightly constrained.”
A reasonable user-pays regime?
While on the face of it Bascand’s points appear reasonable, the current experiences of those making OIA requests make the changes problematic. A central issue is the huge amount of discretion it gives bureaucrats – discretion which some have demonstrated they are willing to use in politically motivated attempts to slow down and frustrate OIA requests.
Critics may be forgiven for thinking that, as the Manawatu Standard’s Matthew Dallas puts it, “the introduction of hefty charges to do so is just another brick in the stonewall” – see: Price-tag on information requests from media a troubling sign. He states that “The act aids The Fourth Estate in the execution of its duty and contributes to an informed public; without which, democracy withers.”
Abuses of the OIA at the hands of an increasingly politicised public service and failings of the OIA and Ombudsman’s office are topics I’ve covered in two recent Political Roundups. In October I wrote about New Zealand’s closed government and in December I looked at The struggle for integrity.
There has been much complaining from government agencies (as well as government ministers) about the cost of fulfilling OIA requests. Individual request costs are often cherry picked to paint requesters as wasteful of public funds. Apart from a few selective figures released there doesn’t seem to be much hard analysis of the total cost.
As one example, in July last year it was reported that the Police were struggling with an increased OIA workload – see Samantha Olley’s Police: New OIA request every hour. But as No Right Turn pointed out, it is Not as much as it sounds.
Are requests to government agencies an unreasonable burden on the taxpayer or are they are an increasing unfunded cost for government departments on tight budgets? If we knew the total cost then perhaps taxpayers could themselves weigh up the value for money. Are freely available OIA requests less or more value than, say, a sheep farm in the middle of the Saudi Arabian desert?
A $600 OIA request could be frivolous or it could be the best $600 taxpayers ever spent. Exposing just one botched public project or dodgy “partnership” deal can lead to millions of dollars in savings, stopping good money being thrown after bad. Only a few requests will have that payback. But every OIA request that gets withdrawn because the submitter could not afford the government charge has the potential to expose vital information that we never get to see.
Timeliness in the modern news cycle is almost as important as getting the information in the first place. The Reserve Bank policy gives huge scope for delay as requests to refine, quotes for each refined request and decisions on whether to charge or not are pondered over. Everyone is aware of the increasing pressure on journalists’ time these days. What used to be a simple OIA request could be converted into protracted haggling over scope and cost. In the middle of an election campaign that sort of added delay could be crucial.
As with any user charge the impact will not be the same for all. When even large media organisations are concerned about affordability we can be sure that independent journalists, volunteer protest groups, academics and individual citizens are going to struggle even more. Corporate funded lobby groups on the other hand will gain yet another relative advantage on the non-profit sector.
There is a lack of transparency and consistency across the public sector. If OIA charges are now to be made then there should be clear rules on how much and under what circumstances they will be made. The temptation to “think of a number and double it” when faced with a complex and potentially embarrassing request will be greatly reduced.
Policing and reforming the OIA
Of course the former Chief of the Ombudsman’s Office, Beverley Wakem has now retired, and her replacement is promising a revitalised watchdog. Yet so far his statements on charges for OIA requests will lead many to conclude that he could be in a similar mould to his much-criticised predecessor. In today’s feature on Judge Peter Boshier by Marty Sharpe, the new Chief sides with the Reserve Bank over charging for access to information – see: New chief ombudsman promises to be a fearless operator.
Boshier is quoted as saying: “I think the Reserve Bank’s response is actually very fair. When I looked at it I couldn’t fault it. As a statement of principle it was perfectly fair and it’s one to which I subscribe”. You can also listen to Lynn Freeman 25-minute interview with the new Chief on RNZ: New Chief Ombudsman Peter Boshier.
But perhaps the problem lies with the Act itself. This week law professor Andrew Geddis called for a review of the legislation: “It could well do with a doctor’s check-up, if you’re talking about health, because I do think it needs a pretty thorough review … a review with the aim of making changes” – see Eileen Goodwin’s OIA request charges worrying sign.
And of course it is not only the Official Information Act that is relevant, but also the Local Government Official Information and Meetings Act, which relates to local government authorities. In this regard, Chris Morris reports that “The Dunedin City Council has no plans to follow the Reserve Bank’s lead and start routinely charging media organisations for official information requests, a senior manager says” – see: Information policy for review.
Finally, inspired by the Reserve Bank’s apparent monetising zeal, The Spinoff have released their Official Information Rate Card 2016, v1.0 – see: Toby Manhire’s The Spinofficial Information Act. At one end of the charging scale, the Spinoff will charge a fee of “1 x packet Squiggle Top biscuits” for the acknowledgement of a pitch from a freelance contributor. The heftiest charges are reserved for “Responding to inquires from public relations practitioners who express an interest in “reaching out”’, topped only by $1200 per quarter hour for “Responding to inquiry from government body for clarification of request under the Official Information Act.”
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Black holes are the strangest result of the general theory of relativity. When Albert Einstein finally presented his theory in November 1915, he described gravity as a geometric property of space and time, spacetime. All massive space objects bend spacetime; they create a pit into which smaller objects can fall. The greater the mass, the deeper the pit. The mass of a black hole is so great that nothing that ends up in there can escape, not even light.
It took until 1963 for someone to solve Einstein’s equations for black holes that could possibly be found in the universe – rotating black holes – and it was mathematician Roy Kerr who succeeded. At about the same time, astronomers discovered galaxies that emitted light that was so strong it outshone several hundred ordinary galaxies. They were named quasars. Nothing other than a black hole could give the quasars their luminosity.
So how is the strong light of rotating black holes created? This question was answered by Roger Blandford in 1977. Ever since, he has refined and made more realistic models of how gas surrounding a black hole flows towards it, is heated up and transforms some of its gravitational energy to radiation.
FACT FILE
Today’s edition of NewsRoom_Digest features 3 resourceful links of the day and the politics pulse from Thursday 14th January. It is best viewed on a desktop screen.
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Written by Nina Powles as part of her 2015 Master of Arts (MA) at Victoria University of Wellington’s International Institute of Modern Letters (IIML), the book-length folio, titled Luminescent, has been described by Wellington poet Jenny Bornholdt as “engaging and colourful and alive to all kinds of possibilities”.
Although she started writing poems less than two years ago, Nina is already the author of a chapbook, Girls of the Drift, published by Seraph Press in 2014, from which a poem was selected for the 2014 edition of Best New Zealand Poems.
Nina, who went straight onto the MA after completing an honours degree in English Literature and Chinese at Victoria, says the opportunity to study at Master’s level has been a significant boost for her writing.
“The MA programme gave me the tools and the confidence to call myself a ‘writer’ for the first time. More importantly, it gave me a community.
“It’s been an unbelievable privilege to take part in the masterclasses, the readings and above all, the workshops with my generous, talented, fiery co-writers. It’s no exaggeration to say that this year changed my life.
“As a young writer just beginning my career, winning the Biggs Prize and receiving this recognition is an incredible honour. It feels surreal, and so wonderful that the prize enables a poet’s work to be recognised alongside that of prose writers. I now have the courage to start thinking about what my next book will be.”
Supported by Wellingtonians Peter and Mary Biggs through the Victoria University Foundation, the $3,000 Biggs Prize is awarded annually to an outstanding poetry folio in the Master of Arts in Creative Writing programme at the IIML.
Luminescent is a collection that tells the stories—or moments from the lives—of women who made a great impression on the world while they were alive, or left their impress in subtler ways. Among its subjects are Katherine Mansfield, the astronomer Beatrice Tinsley and Betty Guard, whose teenage years were spent as a young wife on a whale station. The collection also imagines the life of the little-known chorus dancer Phyllis Porter, who died in a fire at St. James Theatre in 1923.
Cliff Fell, a Teaching Fellow at the IIML and co-convenor of this year’s Master’s programme, says he was impressed by Nina Powles’s engagement with language and her ability to summon up and make real imaginations of the past.
“Nina’s clearly a poet who is going places. She’s at an early stage in her career but had already made her mark before starting the MA, during which part of her focus has been on how emotional weather can be conveyed in experimental poetic form.”
Anna Jackson, a poet and lecturer at Victoria, has been working with Nina during 2015.
“These poems are centred around moments so full, so vivid, as to seem both beyond time, but also to embody time.
“Luminescent is a work that already reads like a finished collection, ambitious in scope, and very beautiful. It is the kind of work that gives rise to dreams that its readers will find haunting them, opening spaces inside them, for a long time to come.”
Previous Biggs Prize recipients include acclaimed poets Louise Wallace, Amy Brown and Joan Fleming.
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National’s decision to send troops to Iraq was the most followed political news story. 68% percent of people said they followed that story. The top three were rounded out by the debate around refugee quotas and Mount Eden prison being taken over by the Government after allegations of prisoner injury and mistreatment.
The top international news story of the year was the terrorist attacks in Paris in November. 77% of people said they followed the story. The January Paris attacks (Charlie Hebdo) also feature in the top five international stories of the year, being followed by 58% of people.
The top crime story for 2015 was the threat to poison baby formula if demands to stop using 1080 were not meet. 56% percent of people said they followed that story.
The most followed natural disaster story for 2015 was the flooding in Dunedin in June, with 62% following the story.
Top news stories each month featured the referendum for changing the flag on two separate occasions, in August and in December. Attention in the story did not build significantly. In August 54% were following the story; while in December 55% were following.
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The film has also attached other prominent industry professionals, including Producer Sharon Roggio (House of Cards, Whip It, Red Dawn, Parks and Recreation), Executive Producer David Hillary (American Psycho, The Virgin Suicides, Dog Eat Dog, Broken Vows) and former Weta Workshop wizard Gareth McGhie (The Lord of the Rings trilogy, District 9, The Lovely Bones, Avatar).
Set in a New Zealand forest, Before the Darkness tells the story of two American sisters who are terrorised by a killer. In order to survive they must face their own demons and unleash their most primal instincts against the unspeakable horror.
“This exhilarating, psychological film will keep the audience on the edge of their seat until the end,” says Benge. “Throughout the journey, Galvin ensures you’ll never know who to trust,” states Roggio.
Before the Darkness is the first of several local content-driven projects that Benge and Roggio aim to film in New Zealand.
“We are proud to be part of an initiative that will bring further international exposure to both the talent and beauty this country has to offer, along with creating new avenues to aid the sustainability of New Zealand’s screen economy,” says Benge.
To this end, Benge, Roggio, Hillary and James Agnew (Broken Vows, Rage) will continue to work with James Partridge of Admit One and Screen Wellington, plus other film and government agencies, to offer lectures and seminars that will provide upcoming filmmakers a strong understanding of how to: protect their intellectual property, develop film financing and create effective budgets. They will also provide knowledge of emerging marketing and distribution trends.
Starting with Before the Darkness, and in coordination with the Wellington Institute of Technology (WelTec), the producers will seek to inspire and mentor the next generation of filmmakers through an internship – designed to give firsthand experience in various production departments, while exposing participants to international film production.
“WelTec wants to offer students the opportunity to work with top industry professionals. This type of opportunity will not only improve their skills but aid them in developing industry connections both in New Zealand and abroad,” explains Galvin.
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These are just four voices of 400,000; a tiny percentage of bare-boned vignettes of four student experiences that all echoed the same sentiment of being on a road that ‘sets you back’ rather than ‘setting you forward’.
A ‘she’ll be right’ attitude prevails. It assumes well-paying jobs for all, and full-time uninterrupted professions will follow years of borrowing to live. It assumes a level of gender equity that doesn’t exist, and smooth transitions through either any one qualifications pathway or career choice, where that is by no means a given – as anyone with life experience below the ‘rich line’ knows.
All of this is a bleak enough proposition for people with parental or intergenerational support, let alone for those who face tougher roads to get to be enrolled for tertiary education in the first place.
There is nothing progressive in an economy or society that indentures students to a muted future.
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