Dunedin barrister Anne Stevens said yesterday Justice Minister Amy Adams' reasoning for refusing to release the Dunedin Courthouse draft business plan was faulty and, with the ODT, she had taken that view to the Ombudsman.
On September 16, Ms Adams released a written statement explaining, in part, the content of the draft business plan for earthquake strengthening the historic courthouse.
''Strengthening the courthouse will be a complex project and will require a significant capital investment of more than $15million, whichever option is decided upon,'' she said.
Dunedin construction, engineering and heritage experts rubbished that claim in a subsequent ODT report.
They said. -
• The $15million for strengthening costs could strengthen 20 Dunedin buildings.
• They had strengthened buildings similar to the courthouse for a fraction of $15million.
• The only way the cost could be that high was if it was significantly ''gold plated'', or it covered work that had nothing to do with strengthening.
To help understand the wildly different stances, both the ODT and Mrs Stevens requested a copy of the draft business plan. Those requests were denied.
The minister's office cited section 9 (2)(f)(iv) of the Official Information Act 1982.
Section 9 (2)(f)(iv) states official information can be withheld ''if, and only if, the withholding of the information is necessary to maintain the constitutional conventions for the time being which protect the confidentiality of advice tendered by Ministers of the Crown and officials''.
The Official Information Act was ''underpinned by the principle of availability'', Mrs Stevens said, and as such ''it is very disappointing the minister is refusing the request''.
The principle of availability as defined in the Act states ''information shall be made available unless there is good reason for withholding it''.
Mrs Stevens said she did not accept the minister had a good reason for withholding the draft plan.
Her argument was that. -
• Public interest in this information outweighed the ground for withholding it.
• It was not necessary that the plan be secret in order for cabinet to assess it.
• The accuracy of the plan was the critical factor, and should be made available for public scrutiny.
