Transparency under pressure: what school boards can learn from the OIA debate

School boards are under growing pressure from Official Information Act 1982 (OIA) requests, rising parent expectations and increasing public scrutiny. But Meredith Kennett CMInstD, president of Te Whakarōpūtanga Kaitiaki Kura o Aotearoa - New Zealand School Boards Association (NZSBA), says the answer is not to reduce transparency obligations. It is to improve governance capability.

“I’m a big believer in open, transparent governance,” says Kennett. “As Crown entities, it’s our responsibility to be transparent.”

Recent debate has centred on concerns from some school leaders about the workload created by OIA requests. Kennett acknowledges the pressure, particularly for community board members and busy principals, but says many of the challenges come down to systems, processes and understanding governance responsibilities.

The issue drew national attention after an Auckland law student sent a request to more than 2,400 state and state-integrated schools about trustees’ use of personal devices and accounts for board business. Kennett says it was directed at boards rather than principals.

“I suspect many principals could have passed it on but didn’t, or in some cases boards leave too many things on the principal’s plate.”

School boards are legally responsible for governance, including responding to requests for official information held by the board. Under the OIA, anyone in New Zealand can request information held by a school board, whether or not they are part of the school community. 

Governance capability under scrutiny

Kennett says some schools are becoming overwhelmed not because requests are impossible to manage, but because boards are unfamiliar with the process. 

I do wonder whether it’s a matter of people just being a little bit afraid of it,” she says.  

The legislation includes mechanisms to refuse vexatious requests or extend deadlines where requests are large or disruptive. Boards are also not required to create new information in response to a request.

The NZSBA recently worked with the Office of the Ombudsman to provide updated guidance to schools following the request.

For Kennett, the request highlighted a broader governance issue around information oversight and security.

“All the internal school systems might be tied down, but then you get non-school employees, such as board members, coming in using personal devices,” she says. “They don’t necessarily have security on their computer, don’t necessarily get any cybersecurity training. This is a potential risk to a school’s data security.”

Rather than seeing the request only as a burden, Kennett viewed it as a useful governance prompt.

“I had a look through a few schools’ policies after this request, and I saw it as an opportunity to consider whether there are any potential gaps in policy that could be tightened.” 

Better systems reduce pressure

Kennett believes good governance practices make OIA compliance significantly easier.

She recalls a previous request seeking information from a complaints register – one her board did not yet have in place.

“The feedback I’m taking from this is we’re supposed to have a register and we don’t have one,” she says. “Had we had one in place, it would have been as simple as anonymising it and sending it.”

“That’s not on the person requesting it. That’s not their fault. It’s our processes.”

The Ombudsman’s guidance to schools also reinforced that requests accidentally redirected into junk mail or administration inboxes are still considered received under the Act.  

Kennett says that reinforces the need for boards to have clear systems for identifying, tracking and responding to requests.  

“If you have the right systems in place, then it’s a relatively straightforward process,” she says. 

Transparency is part of governance

Kennett says boards should approach OIA requests openly and constructively, rather than treating them as adversarial or an accusation of wrongdoing.

“You’re not in trouble,” she says. “You’re just answering questions.”

At a time when misinformation and distrust are increasing, she argues that transparency is becoming more important, not less.  

“What’s good about it is it does allow you to share accurate information,” she says. “In a world of misinformation, that matters.”

Rather than seeing requests as purely administrative burdens, Kennett believes boards should use them as opportunities to improve governance practice and strengthen public trust. “There’s lots of support out there. It’s an inescapable part of transparent governance.”

Key governance takeaways for boards

• • Understand that OIA obligations sit with the board as a Crown entity  
  • Clarify governance and operational responsibilities between boards and principals  
  • Maintain organised records, registers and governance documentation  
  • Ensure board members understand that official information may include emails and material stored on personal devices  
  • Use available support from NZSBA, legal advisers and the Office of the Ombudsman
  • Treat OIA requests as part of transparent governance, not necessarily as a sign of wrongdoing