The Ombudsman has issued a critical report into the Prime Minister’s Office (PMO) over its failure to release a briefing document related to a controversial change in climate change legislation. The briefing, provided in hard copy and emailed to the personal account of the Prime Minister’s chief policy adviser, Matt Burgess, was not disclosed during Official Information Act (OIA) requests, prompting an investigation.

The legislation in question, which restricts public access to the tort system for seeking redress from companies over climate change issues, was introduced following the Smith v Fonterra case. The briefing document, supplied by companies Z Energy and Fonterra, contained suggestions for this legislative change. Despite being consulted during the OIA request, Burgess did not provide the document, citing a high-workload environment and limited recollection of events that occurred over a year prior. He stated there was no deliberate attempt to withhold information and claimed to have engaged with the request in good faith.

Chief Ombudsman John Allen found it “surprising” that Burgess did not recall receiving or handling the briefing given its significance and connection to the legislative process. The report highlighted concerns over the use of personal email addresses to receive official information, which increases the risk that such material may be overlooked in information requests. The Ombudsman has referred the issue to the chief archivist for further review and emphasized the need for staff to adhere to the Public Records Act to maintain public confidence in the OIA system.

The PMO acknowledged shortcomings in document handling, stating that reliance on individual staff members to file information correctly is standard across the public sector. The office expressed regret over the failure and committed to treating the matter seriously. It also disputed claims that widespread use of personal emails was common in ministerial offices.

Political reactions were swift. Labour leader Chris Hipkins accused the PMO of deliberately withholding the lobbyist briefing, describing the situation as deeply problematic. He suggested there was a concerted effort to keep the document from the public domain despite legal obligations. In contrast, Prime Minister Christopher Luxon regarded the Ombudsman’s report as fair and said his administration “fully embraced” its recommendations. Luxon dismissed the suggestion of widespread personal email use within the government and stressed the importance of staff awareness of their official duties.

The advocacy group that requested the information, the Environmental Law Initiative, called for the legislative bill to be withdrawn, highlighting ongoing concerns over transparency in climate change policymaking. Burgess declined further comment after reviewing the Ombudsman’s report.