One can't decide OIA withholding grounds in advance. It's not the Official Largesse Act

A very respectful response to Minister Van Velden

One can't decide OIA withholding grounds in advance. It's not the Official Largesse Act
Photo by Dan Dimmock / Unsplash

Kia ora Minister and Minister’s office,

Thank you for your correspondence updating me on the progress of my Official Information Act request.

I write with the utmost respect to offer some observations that may assist in refining procedural approaches for future requests:

Firstly, I note with interest that notification of an inability to meet the statutory deadline was provided on the day the deadline fell due. While I appreciate being kept informed, earlier notification would better align with the principles of good administrative practice and allow requesters to plan accordingly.

Secondly, I observe that your correspondence refers to the Minister “granting” my request for information. This framing, whilst doubtless unintentional, suggests a discretionary largesse rather than the statutory obligation to release information unless specific grounds for withholding apply. The Official Information Act establishes a presumption in favour of release, with Ministers as custodians rather than benefactors of public information.

Thirdly, I note the apparent contradiction between ongoing consultations and reference to a decision already made. If consultations remain active, one might reasonably question whether any definitive decision exists at this juncture.

Fourthly, I am alarmed in advance by the number of withholding grounds you have presented. Since you are still consulting, this seems like an actual prejudice against me.


I would be grateful to receive the requested documents as expeditiously as possible, and no later than Monday, 28 July 2025 at 9:00 AM. Staggered release would be entirely acceptable if it facilitates timely provision.

Should these matters remain unresolved, I will refer this matter to the Ombudsman for review immediately. After all, we are operating under the Official Information Act, not what one might cheekily term the Official Largesse Act.

Ngā mihi nui,

Paul Thistoll