(CNS): Ombudsman Sharon Roulstone has rejected the attorney general’s claim that her freedom of information ruling on access to records surrounding the appointment of Chief Justice Margaret Ramsay‑Hale is unlawful, setting the stage for a possible judicial review over the sensitive transparency dispute.
In a detailed response to Attorney General Sam Bulgin’s pre‑action protocol letter, Roulstone defended her office’s findings that while the Judicial and Legal Services Commission is not itself subject to the Freedom of Information Act, records about the appointment must still be processed if they are held by a public authority — in this case, the Commissions Secretariat.
The AG’s Chambers had argued that the Secretariat was never identified as an issue for determination and that the Office of the Ombudsman (OMB) was wrong in law to treat records held for the JLSC as falling within the FOI regime.
However, Roulstone said the Secretariat’s status as a public authority had been accepted throughout the appeal, and the JLSC had ample notice of the central question: whether responsive records were held, and by whom.
She said the Secretariat itself had previously confirmed it was subject to the FOIA, and that the Governor’s Office had transferred the request to it precisely because it was the relevant authority.
The dispute stems from an FOI request, filed in January by former government lawyer Bilika Simamba, seeking documents related to the chief justice’s appointment. The Governor’s Office released one record but transferred the rest to the Secretariat, which refused access on the basis that the JLSC was outside the FOIA.
The OMB ruling found that independence does not mean secrecy, and that public authorities cannot shield records simply because they “belong” to a constitutional commission. In her response, Roulstone said the JLSC has suffered no prejudice, as all exemptions remain available and any decision by the Secretariat can be reviewed and appealed.
She also proposed a temporary pause on compliance deadlines if the AG proceeds with judicial review, signalling a willingness to avoid unnecessary litigation while maintaining the integrity of the FOI system. The ombudsman has invited the JLSC to a without‑prejudice discussion to narrow the issues, but confirmed she will not withdraw the decision.