The country's transparency and fairness watchdog has upheld the decision of a government agency to keep a text message about embattled Labour MP Kiri Allan away from the public eye.
National MP Simeon Brown complained to Chief Ombudsman Peter Boshier about the Ministry of Business, Innovation and Employment (MBIE) chief executive Carolyn Tremain's decision to withhold the text message.
Boshier's decision follows revelations two senior public servants were aware of concerns about "working relationships" with Allan and staff. No formal complaints were made.
Brown submitted an Official Information Act request to MBIE on April 24 regarding correspondence or information on Allan's behaviour or conduct.
In response, Tremain told Brown of the text message, which was within scope of the request. It was from Robert Pigou - the head of Kānoa, the regional economic development and investment unit - to Tremain.
However, while the text message was identified as being in scope, Tremain refused to release the text message on the legislated grounds of protecting the free and frank exchange of information between officials.
Boshier found Tremain was entitled to make that decision, a statement from the Ombudsman's Office said today.
He said officials needed to be able to engage with one another in a candid and unreserved way to work effectively.
"If such information was released, I believe officials would become more inhibited about communicating in this way in the future.
"This would likely result in less robust, efficient and engaged discussions between senior officials."
Boshier said he acknowledges there is a public interest in the accountability of ministers for their conduct, but he considered this public interest had been adequately met by MBIE providing further contextual information behind the text message in question.
"I believe this will satisfy the public interest and I understand the ministry has now provided this contextual information to Mr Brown."
That further context was detailed in Boshier's published opinion.
It said on June 30, Tremain wrote to Brown and said on the week ending March 10 Pigou was travelling with the minister, "supporting her in a programme of regional engagements pertaining to Kānoa".
"This was the minister’s first set of regional engagements for this portfolio, and we were still establishing a working relationship with her. As part of ensuring we were able to best support the minister in her new portfolio I was keen to understand how the engagements on these projects were going, and so was checking in with my deputy secretary.
"Our exchange was aimed at ensuring that MBIE was providing the minister with the best support in her regional engagements. I regularly exchange this type of information with my senior managers because this ensures that as officials, and as the chief executive with ultimate responsibility for our engagement with our ministers and their offices, we are providing support in a way that meets the needs of each minister."
Boshier's opinion acknowledged public interest in holding ministers to account, but also noted Pigou had publicly commented that the message did "not express concerns about the staff working in the office and therefore no follow-up action was needed".
It also said Boshier's preliminary finding, which upheld Tremain's decision, was accepted by Brown.
The National MP had, however, noted there was significant media and political interest in Allan's conduct, and he considered the text message should be released to ensure the accountability of ministers.
He had also noted the text message's release would assist in the promotion of public trust in the government, it said.
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