Trade minister's blanket TPP OIA refusal had 'no lawful basis'

A High Court judge has ruled Trade Minister Tim Groser should “reconsider his decision” to not release information on Trans Pacific Partnership trade negotiations, saying there is “no lawful basis” for him to withhold some of the information he did.

Last month, Auckland University law professor Jane Kelsey, as well as other parties including Consumer NZ and Greenpeace, sought a judicial review of Mr Groser’s decision to refuse information requested under the Official Information Act.

In a decision released today, Justice David Collins has ordered Mr Groser reconsider his decision, and in doing so, should adhere to his legal obligations.

“The minister’s affidavit and the Chief Ombudsman’s report reveal that there was no lawful basis for the minister to withhold, in the way he did, some of the information requested by Professor Kelsey,” the judgment says.

“It is therefore appropriate for the minister to ensure officials assess each piece of information requested by Professor Kelsey that is in the possession of the minister and Mfat against the criteria in the act for withholding information.”

Justice Collins says Mr Groser adopted a “blanket approach” in denying Professor Kelsey’s request, which the court heard had about 30,000 documents relevant to it.

Neither he nor his officials assessed each piece of information requested against the criteria for withholding information, he says.

“The act plays a significant role in New Zealand’s constitutional and democratic arrangements.

“It is essential the act’s meaning and purpose is fully honoured by those required to consider the release of official information.”

Professor Kelsey said in a statement that it was "cold comfort that the minister will have to revisit the request, using a proper process and interpretation of the rules, after the negotiations have already concluded."

Mr Groser's "unlawful approach in circumventing the Official Information Act appears to have achieved its goal," she said. "Nevertheless, the minister should now release at least some documents that can help inform the debate on the TPP."

The court's decision also had longer-term precedent value, she said.

Kelsey also said that there were "equally serious questions about the Chief Ombudsman's failure to hold the minister to account."

"The Chief Ombudsman is meant to be a check on executive power, not to legitimise its unlawful practices," she said. 

Read the judgment here.

(With reporting from BusinessDesk) 

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