Ryall's refusal takes six weeks

Susie Johnstone
Susie Johnstone
Health Minister Tony Ryall has taken almost two months to turn down an Otago Daily Times request for notes taken at his meeting with Richard Thomson on January 21, before Mr Ryall sacked Mr Thomson as Otago District Health Board chairman.

In a letter dated March 23, Mr Ryall said the request, made on January 30, had been declined because it contained free and frank expression of opinions between himself and officials.

It was necessary to withhold this information, which was in the form of notes taken by a health adviser, in order to maintain the effective conduct of public affairs.

"I do not consider that any countervailing of public interest in disclosure outweighs that conclusion."

Mr Ryall's sacking of Mr Thomson as chairman on February 17, attracted considerable public criticism, including that from some senior board clinicians.

The minister said there needed to be accountability for the fraud.

No explanation was given as to why the decision not to release the information took much longer than the 20 working days maximum required under the Official Information Act.

On January 29, Mr Ryall released Mr Thomson's briefing paper on the background to the $16.9 million fraud, which was presented at the January 21 meeting - a request which was processed in eight days.

In a letter dated March 25, he has released the letter sent to him by the Otago District Health Board over his intentions to sack Mr Thomson. (Under the New Zealand Public Health and Disability Act he was required to consult the board on the matter.)

The Otago Daily Times' request for this letter was transferred to Mr Ryall from the board on February 17, although the minister's office says it received it on February 26.

In this letter, written by deputy chairwoman Susie Johnstone, the board offered its unanimous support for Mr Thomson's leadership, and pointed out that during the period of the fraud the board was subject to external, interim and final audit processes annually carried out by Audit NZ.

The board understood there were no significant unresolved issues from these standard sector-wide processes.

Audit reports across the time of the fraud (2000-06) assessed the financial control systems, financial management information systems and financial management control environment as either good or satisfactory.

In addition, the board had in place an internal audit programme carried out by PricewaterhouseCoopers and then Deloitte, "large, international accounting firms with recognised audit expertise".

PricewaterhouseCoopers also conducted a financial review during the period of the fraud. None of these customary processes uncovered the fraud, the letter said.

Mrs Johnstone expressed concern that the removal of Mr Thomson would set a precedent for personal accountability for a "large sophisticated and cleverly executed fraud perpetrated by a senior, trusted specialist and longstanding executive management team member.

"This is particularly so given systems and processes validated as acceptable by external parties and in line with other DHBs were in place. This appears to extend the chair's responsibilities and accountability beyond that which can be reasonably expected in any organisation."

The Otago Daily Times has lodged two complaints with the ombudsman's office over the meeting notes and letter requests. Both express concern at the length of time the minister took to respond to requests, and one also asks for an investigation into the decision not to release the notes taken at the meeting with Mr Thomson.


Official Information Act

Requests
• Those covered by the Act are required to make a decision and communicate it as "soon as reasonably practicable" and no later than 20 days after a request is received.
• 20 working days is not " the de facto goal" but the absolute maximum (unless it is extended appropriately).
• Working days do not include weekends and public holidays, but regional anniversary days are working days.
• Last financial year the police topped the list of complaints about OIA requests from organisations at 97, followed by educational institutions (47) and district health boards (44).
• Ministers who had more than 15 complaints were those for education and health, both on 27, followed by the justice minister (23).

Source: Office of the Ombudsmen andits annual report to Parliament.

'ODT' requests
• OIA requests to the minister of health 2009.-
• One lodged January 30, refused March 23.
• One lodged February 17, received by his office, February 26, approved March 25.
• One lodged January 21, approved January 29 after persistent telephone requests to the minister's office.

 

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