Tasmania's Ombudsman has criticised the Department of Primary Industries, Parks, Water and the Environment for "ignoring" requests to provide information relating to the deaths of 16 polo ponies, ultimately directing the department to produce documents or risk referral to the Director of Public Prosecutions.

Key points: A Tasmanian Government department has been told to release 10 pages of information related to the deaths of polo ponies last year

A Tasmanian Government department has been told to release 10 pages of information related to the deaths of polo ponies last year The ponies died somewhere between Tasmania and their home base in New South Wales, after competing in a tournament

The ponies died somewhere between Tasmania and their home base in New South Wales, after competing in a tournament The Ombudsman says there were "many weeks of [the department] ignoring requests" for information about the case from journalists

Tasmania's Ombudsman Richard Connock has reviewed the decision by the head of the Department of Primary Industries, Parks, Water and the Environment (DPIPWE) to refuse to release any information about the deaths after a Right to Information request from a News Corp journalist.

In September last year, DPIPWE said it would not release any information about the case to the ABC as it had been decided it was "not in the public interest" and could prejudice legal proceedings — a decision which the ABC referred to the Ombudsman, with that outcome yet to be reached.

The News Corp journalist asked for a large range of information relating to the pony deaths, which occurred at some point between the animals travelling from Tasmania to Victoria, with two trucks of ponies travelling on the Spirit Of Tasmania in January last year following the Barnbougle Polo event.

An aerial view of the Barnbougle Polo event, where the ponies took part in competition. ( Supplied: Barnbougle Polo )

Ombudsman Richard Connock has decided 10 pages of information should be released in full, including emails between the owner of the ponies, former Australian team captain Andrew Williams and DPIPWE, and information sent to the RSPCA by DPIPWE. The pages are due to be published today.

Andrew Williams, a former national team captain, was driving the truck in which the ponies were found dead. ( Supplied: Willo Polo )

In his decision, Mr Connock said he first asked DPIPWE to provide him with information related to the journalist's request in full in August last year, but no response was received.

The department's response to a follow up request from Mr Connock said it had identified "thousands of pages in the investigation file, which will require time to sort through and compile," and requested that the Ombudsman liaise with the journalist to narrow the scope of the request.

Mr Connock said the department's response was concerning, in part because it suggested it had not already sorted through the information before refusing to provide it to the reporter.

"This … might suggest that the exemption has been claimed without actually assessing each item of information in order to determine whether it was actually exempt or not," Mr Connock wrote.

"If that were the case, I question how the department could have made a fair, equitable and robust decision on the application."

Mr Connock said it was unusual that an applicant would be asked to reduce the scope of their request "at the end stage of the review process".

"If the department was concerned that scope was an issue it should have engaged in negotiations with the application at the point that it accepted the original request," Mr Connock said.

Mr Connock said by late October there had been "many weeks of [the department] ignoring requests" and a lack of communication.

One of the two Willo Polo trucks carrying ponies boards the Spirit Of Tasmania, on its way back to NSW. ( Instagram: chelcroz )

The Ombudsman did not receive the information from the department until mid-November, 11 weeks after the initial request, when he issued a final direction to the department to produce records or risk prosecution.

"I advised the department that failure to comply with a third direction would, in my view, constitute an offence … and would be referred to the Office of the Director of Public Prosecutions," Mr Connock said.

But Mr Connock said he accepted the department's explanation that it believed sufficient access to records had been provided when it allowed the ombudsman's senior investigator to review them onsite on November 5.

The Barnbougle Polo event is held in Tasmania's north. ( Facebook: Barnbougle Polo )

University of Tasmania adjunct associate law professor Rick Snell said it was "atrocious" and "a major concern" that the department had taken so long to provide the information, and described DPIPWE's actions as "flagrant non-compliance" with the RTI Act.

"[The Ombudsman] has displayed an extraordinary level of tolerance towards an agency that has dragged their feet abysmally throughout this particular process," Mr Snell said.

"I think that this particular case throws into significant doubt people's ability to trust that all agencies are abiding by the legislation and the spirit and intent of the act."

Labor questions RTI process 'integrity'

Opposition Shadow Attorney-General Ella Haddad said the affair raised serious questions about the integrity of Tasmania's right to information process, "and the Ombudsman's comments about how the decision was reached amplify that".

"It's clear serious corners are being cut by departments which are simply not resourced sufficiently to address RTI requests with the proper scrutiny that is required," Ms Haddad said.

"The aim of the process should be, as a priority, to address each RTI request with a view about what can be released, not what can be withheld."

The lack of information about the circumstances surrounding the pony deaths has been heavily criticised. ( Instagram: chelcroz )

Greens leader Cassy O'Connor said the ombudsman's decision confirmed that there were systemic and cultural problems with the release of information under right to information laws.

"The details provided by the ombudsman highlight not only incorrect decisions being made, but deeply concerning obfuscation, poor communication, and unacceptable delays," Ms O'Connor said.

Ms O'Connor said the Greens had a pending right to information request with DPIPWE where the release of information had been delayed.

"The reality is, the Liberals knowingly and wilfully are administering a system where the law is routinely ignored or misapplied and have slashed resourcing to the only agency capable of providing a just decision," she said.

A spokesman for DPIPWE said they would take the ombudsman's comments and observations on board.

The government spokesman said right to information decisions were made at arms-length from government, and declined to comment further.