Cook Islands was the first Pacific nation to pass laws relating to right to information, but Ombudsman Niki Rattle says it may be time to review it and “have a look and see how we can do things better”.
The Freedom of Information Act 2009 allows people to request official information held by Cook Islands government ministers, and certain central and local government agencies.
It lays out how such requests should be handled and provides for a right of complaint to the Ombudsman.
Rattle says she goes home ‘energised’ after a recent regional discussion on the right to information. She says civil society organisations—which were well represented at the dialogue—are ‘fantastic drivers’ within the community for action on freedom of information.
“I see them as sort of mouthpieces for people who can’t, or don’t get the opportunity, or don’t have the forums or openings available to them. They’re good advocates for those in need.”
Rattle said the term ‘right to information’ resonates with her, and that she is considering the work in a broader context of human rights.
As Ombudsman, Rattle’s office is responsible for working with the Freedom of Information law, its own Act, the Police Act, and the Disability Act. The Cook Islands has also been looking to establish a national human rights institution, which would come under the purview of her office.
“Now, for me, it’s going back and looking at our legislation, and actually looking at how it can … input into the whole National Sustainable Development Goal and looking at indicators within that, and from our office, what you can drive and what you can do to report against the indicators.”
The 2020-21 Cook Islands Ombudsman’s annual report noted that the office received four Official Information Act enquiries and closed nine matters. Rattle says challenges to effective implementation of the Freedom of Information Act in Cook Islands include connecting with remote islands, and ensuring information is presented in various dialects, and that working with government ministries to ensure they understand and respect their obligations is critical.
“The law is very clear. You have 20 days [to give information]. If you don’t have that information and you know that [another] ministry has that information, you can pass that information onto them to give. You can’t just sit here until somebody asks you and says, ‘Oh, they’ve got it’.
Because we’re all serving the same people. We’re all paid by the same money, the people’s money. And our job is to serve the people.”
She continues: “The most important thing for me is that when you come to bring a complaint to my office, first and foremost, you’re a human being with feelings. And I think sometimes that gets forgotten. It becomes just business.”
She further stresses the role of empathy in dealing with cases. “I’ve always worked with the notion that as long as you always remember you’re dealing with a human being who has a heart and a brain and they’re angry, they’re hurting and you can solve the problem, but also understand the frustrations that come with it.
“You don’t take sides; you don’t take sides with the complainant, you don’t take sides with the ministry they’re complaining about, but you be fair to both because all the public really wants is fairness.”
