Secrecy a ‘breach’ of public duty

The ombudsman is calling on the country’s top law officer, the Attorney-General, to launch enforcement proceedings against the Christchurch City Council over its continued refusal to release the cost of a touch wall in its new library.

Despite the instructions of the ombudsman more than a month ago, the council is still to make the cost public.

Chief Ombudsman Peter Boshier said he was disappointed the council had failed to release the cost within the timeframe required under the law.

‘‘My role as a watchdog for Parliament is to make sure official information law is not undermined by agencies ignoring their public duty when it arises. I take any breach of public duty extremely seriously. I do not have enforcement powers myself so I am referring the case to the Solicitor-General.’’

He said he has written asking Attorney-General David Parker consider issuing enforcement proceedings against the council.

The supplier of the wall, Gibson Group, said it did not want the cost of the wall released because it would prejudice its commercial position. Gibson Group was in talks to provide its wall to several US-based businesses and there was a concern those businesses would demand the product at the same cost.

Ombudsman Leo Donnelly told the council on May 31 it should make public the cost of the digital and touch walls at the new library Tu¯ ranga, after it declined the Taxpayers’ Union’s request for the information.

The council had up to 21 working days after the date of the recommendation to consider whether to do so.

The 7-metre-wide, touchsensitive wall will provide a digital representation of Christchurch and the city’s history.

Boshier said the original requester had a right to bring personal proceedings in the High Court.

A council spokeswoman said yesterday the council had not received any information from the chief ombudsman about referring the case to the Solicitor-General and it would be inappropriate to comment.

The Ombudsman investigated complaints about the refusal of requests for information and recommended release when it determined a refusal was unjustified.

Legal avenues available to the Attorney-General are thought to involve the launch of judicial review proceedings.

Williams said in his view: ‘‘The easy way to fix this is for [Christchurch mayor] Lianne Dalziel to stop breaking the law and release the information.’’

Dalziel has not spoken to media about the touch wall cost.