100 S e cti o n T w o – c iv il and politi cal rights should be given to alternative ways of resolving these claims. 56 The litigation process results in claimants being re-traumatised by telling their story a number of times and is ineffective in providing any resolution to these claims. In its concluding observations in 2009 the United Nations Committee against Torture (UNCAT) stated: Government In 2009, the Law Commission commenced a review of the OIA and the LGOIMA. 59 This review is intended to assess these two acts to ensure that they continue to operate efficiently and remain influential. Both acts have been successful in promoting a culture of openness in relation to central and local government activities, and their underlying principles are not in question. The strength of [New Zealand] should take appropriate these acts is the underlying principle of general availa- measures to ensure that allegations of cruel, bility of information, subject to listed exceptions. inhuman or degrading treatment in the ‘historic’ cases are investigated promptly and impartially, perpetrators duly prosecuted, and the victims accorded redress, including adequate compensation and rehabilitation. 57 Ministers and public officers at all However, the Law Commission has identified a number of issues that are so prevalent as to thwart the underlying objective of transparency. In his media release on the review, Sir Geoffrey Palmer stated that “the political landscape is different than in the 1980s and advances in information technology have transformed the manage- levels must exercise the powers ment of all information”. 60 Recently a lawyer commen- conferred on them reasonably, in good ting on the acts observed that when the legislation was faith, for the purpose for which the first enacted, government departments gave away large powers were conferred and without amounts of information, whereas today, doing so is seen exceeding the limits of such powers as naive. 61 The fact that New Zealand has consistently ranked as one The Law Commission has analysed the responses from a of the least corrupt countries in the world on Transparency survey and conducted further research. An issues paper International’s Corruption Perceptions Index suggests that was released for public consultation in 2010. 62 the system is operating satisfactorily. Section 48 of the LGOIMA states that a local authority Courts may, by resolution, exclude the public (including the Most court hearings are open to the public and the media, media) from the proceedings of any meeting on certain with some limitations in proceedings involving child, grounds. For example, a local authority may exclude the youth and family matters. In 2006, the Law Commission public from the whole or any part of the proceedings released a report on access to court records. 58 It found that access to court records is not as open as access to court hearings. where: there is good reason for withholding the information; 63 disclosure would be unlawful; 64 or the 56 Legal Aid Review (2009), p 103 57 CAT/C/NZL/CO/5, 14 MAY 2009, para 11 58 New Zealand Law Commission (2006), Access to Court Records (Wellington: NZLC), p 93. Accessible online at http://www.lawcom.govt.nz/ project/access-court-records?quicktabs_23=report#node-643 59 Parts I to VI of LGOIMA are, in most respects, identical to the OIA 60 http://www.lawcom.govt.nz/sites/default/files/press-releases/2009/12/Publication_159_448_PR%20-%20Official%20Information%20 Act%2009122009.pdf 61 Catriona McLennan, speaking on National Radio, 3 March 2010 62 New Zealand Law Commission (2010), The Public’s Right to Know – A Review of the Official Information Act 1982 and parts 1–6 of the Local Government Official Information and Meetings Act 1987 63 LGOIMA, section 48(1)(a) 64 LGOIMA, section 48(1)(b)