Education boss 'not happy' after staff told to dodge the OIA

The Secretary for Education, Ellen MacGregor-Reid, says she is "not happy" after a leaked video showed a manager at her ministry appearing to tell staff not to put information shared with the Education Minister's office in writing, because it could be released under the Official Information Act.

The comments, made by senior official Dr Catherine Law, surfaced the same week a separate internal review found a string of problems in the ministry's curriculum division, including allegations of favouritism, unprofessional behaviour and a fear among staff of speaking up. The person who leaked the video told RNZ the OIA comments were not an isolated incident.

Six weeks out from the general election, the episode has put a spotlight on how New Zealand's largest government department handles requests for official information, a law that exists precisely so the public can see how decisions are made and advice is given.

The record

The Official Information Act 1982 requires government agencies to make information available on request unless there is good reason to withhold it. It underpins the basic principle that government business is public business unless proven otherwise.

The timeline this week ran fast. A video emerged showing Dr Law telling staff not to write down information shared with Minister Erica Stanford's office, reportedly because it could later be made public through an OIA request. The leaker said this was not a one-off.

Days later, on Thursday, a review commissioned in response to staff concerns reported wider cultural problems in the curriculum division, citing favouritism, unprofessional workplace behaviour and staff who were afraid to raise issues.

On Friday, MacGregor-Reid appeared on RNZ's Morning Report and said the comments in the video were "wrong" and that her expectation was that everyone at the ministry, including that staff member, should meet their obligations under the Act. She said she had commissioned a further review and would meet the Chief Ombudsman later that day to hand over its terms of reference, along with what she called the ministry's "OIA track record".

What doesn't add up

MacGregor-Reid told Morning Report that, to the best of her knowledge, no directive had been issued telling staff to avoid writing things down to dodge the OIA. Yet the same interview referenced other claims, made since the video became public, that staff had tried to avoid OIA scrutiny in other ways. She said those specific claims had not been put to her directly. That leaves an open question: has the ministry actually checked whether other examples exist, or is it waiting for people to come forward first?

Host John Campbell put to her that the video looked less like one manager's personal lapse and more like a reminder of an existing practice, asking directly whether it was "emblematic" of the ministry's culture. MacGregor-Reid's answer focused on Dr Law's background, describing her as being on secondment from a principal's role rather than as "a senior official" or "a seasoned public servant". She did not offer an explanation for why the comments were made, saying only that she could not explain "what Dr Law was thinking".

That framing sits awkwardly next to the fact that whoever leaked the video described the OIA comments as part of a pattern, not a one-off remark. If it is a pattern, downplaying the seniority of the person caught on camera does not answer Campbell's underlying question about culture.

It is also not yet clear what the terms of reference for the new review will cover, when it will report, or whether the claims dismissed by Stanford as "ideologically driven" will be examined as part of it. None of that detail is on the record yet.

The other side

MacGregor-Reid was direct in saying the comments were unacceptable. "What she said was wrong, she should not have said it," she told Morning Report, adding that every staff member, including the one involved, was expected to meet OIA obligations.

She said she has commissioned a review specifically to establish whether there is a wider problem, and separately is providing the Chief Ombudsman with the ministry's OIA track record and inviting scrutiny of "whatever matters he wishes to look into". She rejected any suggestion that staff should fear raising concerns, saying she had ordered the earlier workplace review because she could see the pressure the curriculum group was under, and that anyone who came to her with concerns "will be safe". She said that as chief executive she would "absolutely" act if action was needed, and confirmed the review's findings would be put in writing and available under the OIA.

What happens next

MacGregor-Reid was due to meet the Chief Ombudsman shortly after her Morning Report interview to hand over terms of reference for the new review and the ministry's OIA record. What the Ombudsman does with that material, and whether it opens a formal inquiry, will be the next thing to watch.

The outcome of the newly commissioned review, which MacGregor-Reid says will be released under the OIA, will determine whether Thursday's culture findings and Friday's video are treated as separate issues or as evidence of something broader inside the ministry.