Access to information is critical: judge

Press, 9 October 1979, Page 23

Access to information is critical: judge

PA Wellington Reasonable access to official information and the reasons underly-ng Government proposals were of critical importance to the citizen — free speech and a free press were of critical importance to enable him to arrive at sensible and informed conclusions or. public issues. said S:r Owen Woodhouse, a iudge of the Court of Appeal, when he gave the .1. C. Beaglehole Memorial Lecture at Victoria UniverTaking as his theme ■Government under the law.” he said the whole essence of democracy was participation and without those freedoms it would be meaningless or at best pmirOv erratic and ill-in-formed. o.i Owen quoted an "Evening Post" editorial w-hich said: "There is an obligation on those in authority to take the public into their confidence, to the extent that it is possible practically, so that w-hat is proposed is understood and no), revealed as a fait accompli because of secretive government. "We call ourselves a democracy. We are being urged to revive patriotism. But the principle of a real democracy will not thrive if kept in the dark."

"There is a valuable convention that should always be kept in mind b.> a representative of any of the three branches of our constitutional Government executive, legislative and judiciary. "Each branch recognise? ■he conscientious integrity of the other. Just as a Prime M.ms ter being leader of tht executive Government will not. unless he t> \er\ unwise, indulge himself hi public criticisms of the judiciary, neither will a judge, unless he is very unwise, seek to undermini the work or poiicv decisions of the Cabinet. "Given our own entirely flexible constitutional arrangements and the chang ing pressures within oui modern society it is no) surprising that gradually there have been importam changes in the actua exercise of State powers. "It is an important matter because to the extern that the accent has shiftec has the balance been disturbed. not so mucl' against the utter organs oi siate w’hich after all are abstractions, but againsi the individuals in society who most certainly are "Within a few decade.there has been a major movement in the dis tribution of State powei in favour of the executive at the expense of Parlia- ■"' 4- -»■ "it i»eisiative

effect is given to a’! kinds of regulatory proposals that tor pragmatie reason.-, are often insufficiently weighed against the legi Jmate interest of individuals. "As a matter of constitutional principle it -hould be realised by all concerned that sovereign power in a democratic Sta ikt New Z i and is not absolutely unlimited. "But the nebul, us conventions at present relied upon in this country to protect the basic rights of individuals and control and abuse of power are outside the function of the judiciary and have no suppori oiher than good will or trust. "These matters should he given legislative detin'lion in a constitutional form which could not be easily repealed or amended and which would then receive the effective supervision of the courts." Sir Owen said.