Last year I was browsing the STV website. The website mentions a piece of software written by the Department of Internal Affairs (DIA) called the “STV calculator” that is used to count the votes in our STV elections. Being a nerd I naturally thought I’d like to get my hands on the source code and have a look. Not because I think there’s anything wrong with it, just because that’s what curious people do. I also wanted to test whether New Zealand was making its election software open for scrutiny by the public, a basic principal that shouldn’t need explaining. Unfortunately this hasn’t gone so well.
My first step was to try contacting the email address that is prominently displayed in large font on every page of the STV website (stv@dia.govt.nz). I did this twice in October last year but received no replies. Disturbed that this email address wasn’t being monitored I then tried contacting the DIA directly. They run the website and developed the STV calculator so surely they can help. I explained that I’d been to their STV website, emailed their STV email, and got no reply, requested they have someone check the website and remove the email address it if it’s no longer monitored, and provide the source code for the STV calculator. This wasn’t very fruitful either, they couldn’t help me, and they tell me they don’t even know what “STV” is. After much back and forth explaining they conclude by sending me back to their STV website.
Getting no luck with these avenues I took it to the Minister for Internal Affairs, Nathan Guy in March this year and asked him to treat it as an OIA request. Five days later my request was bounced to Rodney Hide, Minister for Local Government, and 13 days after that I was bounced back to the Department of Internal Affairs.
On the 29th of April the DIA notified me that they are extending the timeframe to reply to my OIA request by 10 days in accordance with Section 15A(1)(a) of the Act. The reason they give is that the source code is held by a third party and more time is needed to carry out consultation and make decisions about my request. The final decision came 21 days later on the 20th of May declining to release the source code under section 9(2)(ba)(ii) of the Act because the code is “subject to an obligation of confidence and release of the code would damage the public interest.”
What I find foul about this is that the DIA contracted an third party to develop software used in our elections, never made release of the source code a condition of that contract, and now I suspect the third party does not want to release it because they want to protect their IP. The public should have a right to review all source code and systems used in our elections.
I’ve since filed a complaint with the Ombudsman. But this is clearly a bad precedent; I would like to see some official policy or legislation around voting systems used in the country that ensures they are completely open to scrutiny by the public.
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