BackChief Ombudsman Peter Boshier today released his Final Opinion on five complaints concerning the New Zealand Defence Force’s withholding of information related to Operation Burnham in Afghanistan in 2010. Peter Boshier found the NZDF was justified in withholding most of the requested information under the Official Information Act.
"Some of the withheld information was received from other countries who didn’t wish to declassify or release it", Peter Boshier says, "and for NZDF to do so would have gravely affected other nations’ willingness to share information with us in future. Much of the withheld information also contained sensitive details which, if released, could prejudice New Zealand’s defence and security. The OIA is intended to protect information that could risk national security or threaten our important international relationships. My role is to apply official information law correctly and impartially."
Peter Boshier says his Office’s investigation was lengthy and rigorous, involving much "robust discussion" with NZDF officials. "During the investigation, and after discussions with my Office, NZDF released some further information on its website. However, NZDF didn’t tell requesters or my Office at the time, and the information wasn’t put on a prominent part of the site", he says. "NZDF could have been considerably more responsive in how it handled these information requests. It has given the appearance of reluctance on the part of NZDF and requesters have understandably developed some mistrust as a result. In my Final Opinion I recommend release of a further four briefing papers with some redactions, and NZDF has agreed to this. I expect a prompt release."
The full Final Opinion is available below.
Source: Office of the Ombudsman, New Zealand
