Horizontal Accountability
#8Key Findings
In the category of horizontal accountability, New Zealand receives high rankings in international comparison (rank 8).
The independent Office of the Auditor-General is responsible for auditing the public sector, including government departments and state-owned enterprises. The Office of the Privacy Commissioner ensures compliance with privacy laws and investigates privacy breaches.
The judiciary operates independently of political influence and is not subject to interference in its decision-making process. Supreme Court does not have the authority to invalidate legislation, but governments typically comply with important decisions. Civil rights are generally robustly protected, but Māori and members of the LGBTQ+ community face discrimination.
New Zealand’s public sector is regarded as one of the least corrupt globally, with laws ensuring transparency in party financing and preventing corruption. Parliamentarians have comparatively limited resources, but possess sufficient powers to oversee the executive and help shape policy.
The independent Office of the Auditor-General is responsible for auditing the public sector, including government departments and state-owned enterprises. The Office of the Privacy Commissioner ensures compliance with privacy laws and investigates privacy breaches.
The judiciary operates independently of political influence and is not subject to interference in its decision-making process. Supreme Court does not have the authority to invalidate legislation, but governments typically comply with important decisions. Civil rights are generally robustly protected, but Māori and members of the LGBTQ+ community face discrimination.
New Zealand’s public sector is regarded as one of the least corrupt globally, with laws ensuring transparency in party financing and preventing corruption. Parliamentarians have comparatively limited resources, but possess sufficient powers to oversee the executive and help shape policy.
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Is there an independent audit office? To what extent is it capable of exercising effective oversight?
10
9
9
There exists an effective and independent audit office.
8
7
6
7
6
There exists an effective and independent audit office, but its role is somewhat limited.
5
4
3
4
3
There exists an independent audit office, but its role is considerably limited.
2
1
1
There is no independent and effective audit office.
New Zealand has an independent audit office known as the Office of the Auditor-General (OAG). The OAG operates independently from the government and is responsible for auditing the public sector, including government departments, local authorities, state-owned enterprises and other public entities.
The Office of the Auditor-General conducts various audits to ensure effective oversight of public entities. These include financial audits, performance audits, and compliance audits (Controller and Auditor-General n.d.).
A much-publicized intervention by the OAG in 2023 was the audit of the Labour government’s handling of $640 million in the Provincial Growth Fund (PGF). The OAG found that applications to the PGF were assessed “inconsistently” and that there was a lack of risk management functions. However, the OAG also stressed that it might take years before the economic, social, cultural or environmental impacts of any of the PGF-funded projects could be properly assessed (Cheng 2023).
Citations:
Cheng, D. 2023. “Auditor-General’s Office says no visibility on whether $640m in PGF funds is value for money.” Stuff, 22 June. https://www.nzherald.co.nz/nz/politics/auditor-generals-office-says-no-visibility-on-whether-640m-in-pgf-money-is-value-for-money/RXZ36ZCDP5BOHPZIVOM6GNF6I4/
Controller and Auditor-General. n.d. “What we do.” https://oag.parliament.nz/about-us/what-we-do
The Office of the Auditor-General conducts various audits to ensure effective oversight of public entities. These include financial audits, performance audits, and compliance audits (Controller and Auditor-General n.d.).
A much-publicized intervention by the OAG in 2023 was the audit of the Labour government’s handling of $640 million in the Provincial Growth Fund (PGF). The OAG found that applications to the PGF were assessed “inconsistently” and that there was a lack of risk management functions. However, the OAG also stressed that it might take years before the economic, social, cultural or environmental impacts of any of the PGF-funded projects could be properly assessed (Cheng 2023).
Citations:
Cheng, D. 2023. “Auditor-General’s Office says no visibility on whether $640m in PGF funds is value for money.” Stuff, 22 June. https://www.nzherald.co.nz/nz/politics/auditor-generals-office-says-no-visibility-on-whether-640m-in-pgf-money-is-value-for-money/RXZ36ZCDP5BOHPZIVOM6GNF6I4/
Controller and Auditor-General. n.d. “What we do.” https://oag.parliament.nz/about-us/what-we-do
Is there an independent authority that effectively holds government offices accountable for their handling of data protection and privacy issues?
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9
9
An independent and effective data protection authority exists.
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7
6
7
6
An independent and effective data protection authority exists, but its role is somewhat limited.
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4
3
4
3
A data protection authority exists, but both its independence and effectiveness are considerably limited.
2
1
1
There is no effective and independent data protection office.
The Office of the Privacy Commissioner serves as an independent authority responsible for overseeing and enforcing privacy laws, as well as holding government offices and other entities accountable for data protection and privacy issues.
The office has several key functions – most importantly, investigating complaints from individuals regarding privacy breaches, issuing compliance notices to entities that fail to comply with privacy laws, providing guidance to organizations and government agencies on complying with privacy laws, and educating the public about privacy-related matters.
The process of appointing the privacy commissioner is designed to uphold the commissioner’s independence. The privacy commissioner is appointed by the governor-general, based on the recommendation of the minister of justice, following the criteria set out in the Privacy Act 2020.
The work of the Office of the Privacy Commissioner is regularly reported in the news media. For example, in 2023, the privacy commissioner publicly raised concerns about a significant increase in serious data breaches (1News 2023a) and weighed in on debates about the use of artificial intelligence by private and public entities (RNZ 2023). The privacy commissioner’s investigation into the role of Latitude Financial in New Zealand’s largest-ever data breach was also widely covered in the news (1News 2023b).
Māori have long criticized New Zealand’s data protection regime, raising difficult questions about data sovereignty and arguing that “the rightful authority for Indigenous data is not with the state, but with Indigenous people.” Some activists have demanded a Māori equivalent of the Office of the Privacy Commissioner (Mathias 2022). Additionally, the Royal Society of New Zealand has sought to increase awareness of issues of data sovereignty (RSNZ 2023). Independent Māori organizations Te Mana Raraunga (TMR 2023), the Māori Data Sovereignty Network and Ngā Toki Whakarururanga (NTW 2023), a by-Māori for Māori collective dedicated to advancing and protecting Māori interests – including with regard to data and digital and intellectual property – are also active in this space.
Citations:
1News. 2023a. “41% increase in ‘serious’ data breaches – Privacy Commissioner.” https://www.1news.co.nz/2023/01/12/41-increase-in-serious-data-breaches-privacy-commissioner/
1News. 2023b. “Privacy Commissioner to Investigate NZ’s Largest Data Hack.” https://www.1news.co.nz/2023/05/10/privacy-commissioner-to-investigate-nzs-largest-data-hack/
Mathias, S. 2022. “Inside the Fight for Māori Data Sovereignty.” The Spinoff, July 29. https://thespinoff.co.nz/internet/29-07-2022/indigenous-data-sovereignty-will-make-the-internet-a-better-place-for-maori
NTW. 2022. “Ngā Toki Whakarururanga.” https://www.ngatoki.nz/who-we-are
RNZ. 2023. “AI in Politics: Law Expert Urges Transparency from Political Parties, More Regulation.” https://www.rnz.co.nz/news/political/490690/ai-in-politics-law-expert-urges-transparency-from-political-parties-more-regulation
RSNZ. 2023. “Mana Ruraunga, Data Sovereignty.” Royal Society/Te Apārangi.
https://www.royalsociety.org.nz/what-we-do/our-expert-advice/all-expert-advice-papers/mana-raraunga-data-sovereignty/
TMR. 2023. “Te Mana Raraunga.” https://www.temanararaunga.maori.nz
The office has several key functions – most importantly, investigating complaints from individuals regarding privacy breaches, issuing compliance notices to entities that fail to comply with privacy laws, providing guidance to organizations and government agencies on complying with privacy laws, and educating the public about privacy-related matters.
The process of appointing the privacy commissioner is designed to uphold the commissioner’s independence. The privacy commissioner is appointed by the governor-general, based on the recommendation of the minister of justice, following the criteria set out in the Privacy Act 2020.
The work of the Office of the Privacy Commissioner is regularly reported in the news media. For example, in 2023, the privacy commissioner publicly raised concerns about a significant increase in serious data breaches (1News 2023a) and weighed in on debates about the use of artificial intelligence by private and public entities (RNZ 2023). The privacy commissioner’s investigation into the role of Latitude Financial in New Zealand’s largest-ever data breach was also widely covered in the news (1News 2023b).
Māori have long criticized New Zealand’s data protection regime, raising difficult questions about data sovereignty and arguing that “the rightful authority for Indigenous data is not with the state, but with Indigenous people.” Some activists have demanded a Māori equivalent of the Office of the Privacy Commissioner (Mathias 2022). Additionally, the Royal Society of New Zealand has sought to increase awareness of issues of data sovereignty (RSNZ 2023). Independent Māori organizations Te Mana Raraunga (TMR 2023), the Māori Data Sovereignty Network and Ngā Toki Whakarururanga (NTW 2023), a by-Māori for Māori collective dedicated to advancing and protecting Māori interests – including with regard to data and digital and intellectual property – are also active in this space.
Citations:
1News. 2023a. “41% increase in ‘serious’ data breaches – Privacy Commissioner.” https://www.1news.co.nz/2023/01/12/41-increase-in-serious-data-breaches-privacy-commissioner/
1News. 2023b. “Privacy Commissioner to Investigate NZ’s Largest Data Hack.” https://www.1news.co.nz/2023/05/10/privacy-commissioner-to-investigate-nzs-largest-data-hack/
Mathias, S. 2022. “Inside the Fight for Māori Data Sovereignty.” The Spinoff, July 29. https://thespinoff.co.nz/internet/29-07-2022/indigenous-data-sovereignty-will-make-the-internet-a-better-place-for-maori
NTW. 2022. “Ngā Toki Whakarururanga.” https://www.ngatoki.nz/who-we-are
RNZ. 2023. “AI in Politics: Law Expert Urges Transparency from Political Parties, More Regulation.” https://www.rnz.co.nz/news/political/490690/ai-in-politics-law-expert-urges-transparency-from-political-parties-more-regulation
RSNZ. 2023. “Mana Ruraunga, Data Sovereignty.” Royal Society/Te Apārangi.
https://www.royalsociety.org.nz/what-we-do/our-expert-advice/all-expert-advice-papers/mana-raraunga-data-sovereignty/
TMR. 2023. “Te Mana Raraunga.” https://www.temanararaunga.maori.nz
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To what extent does an independent judiciary ensure that the government, administration and legislature operate in accordance with the constitution and law?
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9
9
The judiciary effectively ensures that the government and legislature act in accordance with the law.
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6
7
6
The judiciary usually manages to ensure that the government and legislature act in accordance with the law.
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4
3
4
3
The judiciary fails to ensure effective legal compliance in some crucial cases.
2
1
1
The judiciary fails to ensure effective legal control.
The judiciary, including the Supreme Court, High Court, and specialized courts such as the Employment Court, the Environment Court and the Māori Land Court, has the authority to interpret laws. Judges have the autonomy to analyze statutes, common law principles and constitutional provisions to make decisions based on their interpretation of the law. Individuals and organizations have the right to access courts to challenge the legality of government actions or laws (Geddis 2015).
The Supreme Court has the authority to declare acts of Parliament inconsistent with the New Zealand Bill of Rights Act 1990 or other fundamental constitutional principles. However, it is essential to note that – as in other Commonwealth countries that follow the Westminster system of government – Parliament is sovereign and holds supreme legislative power. This means that the Supreme Court does not have the authority to invalidate legislation. Even if the Court declares a law inconsistent with the Bill of Rights Act, the law remains valid and enforceable unless Parliament decides to amend or repeal it. Parliament can choose whether or not to respond to a declaration of inconsistency made by the Supreme Court (Roycroft 2021).
Despite the principle of parliamentary sovereignty, governments typically comply with important Supreme Court decisions. A recent example is the Supreme Court’s ruling that disenfranchizing prisoners was inconsistent with the Bill of Rights. This decision prompted the Labour administration under Jacinda Ardern to restore prisoners’ voting rights ahead of the 2020 election (Davison 2019).
Ultimately, whether to follow up on Supreme Court decisions is a political choice. In late 2022, the Court ruled that the minimum voting age of 18 violates the age discrimination clause in the Bill of Rights. However, lowering the voting age to 16 would require 75% of legislators to vote in favor of the measure, which is very unlikely to happen (Rawhiti-Connell 2022).
The judiciary operates independently of political influence and is not subject to interference in its decision-making process. Supreme Court judges are appointed through a process that involves several steps: After interviews and assessments conducted by the Judicial Appointments Unit within the Ministry of Justice, a selection committee recommends one or more candidates to the attorney general. The attorney general then makes a recommendation to the governor-general for the formal appointment of the judge (Miller 2015: 31).
Citations:
Davison, I. 2019. “Prisoners serving sentences of less than three years to vote at 2020 election.” New Zealand Herald, 23 November. https://www.nzherald.co.nz/nz/prisoners-serving-sentences-of-less-than-three-years-to-vote-at-2020-election/RH7MO7XFMQ36AGV4AN7O5KA7YE/
Geddis, A. 2015. “The Judiciary.” In J. Hayward, ed. Government and Politics in Aotearoa New Zealand. 6th ed. Oxford University Press.
Miller, R. 2015. Democracy in New Zealand. Auckland: Auckland University Press.
Rawhiti-Connell, A. 2022. “The Supreme Court’s Judgment on the Voting Age and What Comes Next.” The Spinoff, November 22. https://thespinoff.co.nz/politics/22-11-2022/the-supreme-courts-judgment-on-the-voting-age-and-what-comes-next
Roycroft, P. 2021. “Parliament.” In Government and Politics in Aotearoa New Zealand. 7th edition, J. Hayward, et al. Oxford University Press.
The Supreme Court has the authority to declare acts of Parliament inconsistent with the New Zealand Bill of Rights Act 1990 or other fundamental constitutional principles. However, it is essential to note that – as in other Commonwealth countries that follow the Westminster system of government – Parliament is sovereign and holds supreme legislative power. This means that the Supreme Court does not have the authority to invalidate legislation. Even if the Court declares a law inconsistent with the Bill of Rights Act, the law remains valid and enforceable unless Parliament decides to amend or repeal it. Parliament can choose whether or not to respond to a declaration of inconsistency made by the Supreme Court (Roycroft 2021).
Despite the principle of parliamentary sovereignty, governments typically comply with important Supreme Court decisions. A recent example is the Supreme Court’s ruling that disenfranchizing prisoners was inconsistent with the Bill of Rights. This decision prompted the Labour administration under Jacinda Ardern to restore prisoners’ voting rights ahead of the 2020 election (Davison 2019).
Ultimately, whether to follow up on Supreme Court decisions is a political choice. In late 2022, the Court ruled that the minimum voting age of 18 violates the age discrimination clause in the Bill of Rights. However, lowering the voting age to 16 would require 75% of legislators to vote in favor of the measure, which is very unlikely to happen (Rawhiti-Connell 2022).
The judiciary operates independently of political influence and is not subject to interference in its decision-making process. Supreme Court judges are appointed through a process that involves several steps: After interviews and assessments conducted by the Judicial Appointments Unit within the Ministry of Justice, a selection committee recommends one or more candidates to the attorney general. The attorney general then makes a recommendation to the governor-general for the formal appointment of the judge (Miller 2015: 31).
Citations:
Davison, I. 2019. “Prisoners serving sentences of less than three years to vote at 2020 election.” New Zealand Herald, 23 November. https://www.nzherald.co.nz/nz/prisoners-serving-sentences-of-less-than-three-years-to-vote-at-2020-election/RH7MO7XFMQ36AGV4AN7O5KA7YE/
Geddis, A. 2015. “The Judiciary.” In J. Hayward, ed. Government and Politics in Aotearoa New Zealand. 6th ed. Oxford University Press.
Miller, R. 2015. Democracy in New Zealand. Auckland: Auckland University Press.
Rawhiti-Connell, A. 2022. “The Supreme Court’s Judgment on the Voting Age and What Comes Next.” The Spinoff, November 22. https://thespinoff.co.nz/politics/22-11-2022/the-supreme-courts-judgment-on-the-voting-age-and-what-comes-next
Roycroft, P. 2021. “Parliament.” In Government and Politics in Aotearoa New Zealand. 7th edition, J. Hayward, et al. Oxford University Press.
How well does the executive branch and its members uphold and safeguard civil rights, and to what extent do the courts effectively protect citizens against rights violations?
10
9
9
There are no limits or constraints on the realization of civil rights.
8
7
6
7
6
There are no significant limits or constraints on the realization of civil rights.
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3
4
3
There are some significant limits or constraints on the realization of civil rights.
2
1
1
There are multiple significant limits or constraints on the realization of civil rights.
New Zealand has robust legal protections for civil rights, including the Bill of Rights Act 1990, which outlines fundamental rights and freedoms. State actors, including government bodies and agencies, are bound by these legal provisions. Individuals have the right to seek legal remedies through the courts if their civil rights are violated. Courts can issue remedies or orders to protect individuals’ rights and hold authorities accountable for any infringements. The World Justice Project’s 2022 Rule of Law Index ranks New Zealand at 10th place in the world with regard to its civil justice measure, which captures the extent to which the civil justice system is accessible and affordable as well as free of discrimination, corruption and improper influence by public officials (World Justice Project 2022).
New Zealand has made significant strides in implementing legislation that prohibits discrimination and promotes equal treatment. The Human Rights Act 1993 and the Employment Relations Act 2000, among others, protect individuals from discrimination in various areas, including employment, education, and the provision of goods and services.
State actors in New Zealand generally respect civil rights, but there are areas for improvement. For example, a report published by the Human Rights Measurement Initiative (HRMI) in June 2023 noted that Māori face a relatively high risk of civil rights violations such as arbitrary arrests (Dunseath 2023). Meanwhile, a 2020 Human Rights Commission report found that the LGBTQ+ community continues to suffer from discrimination (1News 2020).
Citations:
1News. 2020. “LGBT+ commmunity continues to suffer from discrimination – Human Rights Commission.” 19 June. https://www.1news.co.nz/2020/06/19/lgbt-commmunity-continues-to-suffer-from-discrimination-human-rights-commission/
Dunseath, F. 2023. “Māori most at risk of declining civil and political human rights.” Stuff, June 23. https://www.stuff.co.nz/national/132390654/mori-most-at-risk-of-declining-civil-and-political-human-rights
World Justice Project. 2022. “New Zealand: Civil Justice.” https://worldjusticeproject.org/rule-of-law-index/factors/2022/New%20Zealand/Civil%20Justice
New Zealand has made significant strides in implementing legislation that prohibits discrimination and promotes equal treatment. The Human Rights Act 1993 and the Employment Relations Act 2000, among others, protect individuals from discrimination in various areas, including employment, education, and the provision of goods and services.
State actors in New Zealand generally respect civil rights, but there are areas for improvement. For example, a report published by the Human Rights Measurement Initiative (HRMI) in June 2023 noted that Māori face a relatively high risk of civil rights violations such as arbitrary arrests (Dunseath 2023). Meanwhile, a 2020 Human Rights Commission report found that the LGBTQ+ community continues to suffer from discrimination (1News 2020).
Citations:
1News. 2020. “LGBT+ commmunity continues to suffer from discrimination – Human Rights Commission.” 19 June. https://www.1news.co.nz/2020/06/19/lgbt-commmunity-continues-to-suffer-from-discrimination-human-rights-commission/
Dunseath, F. 2023. “Māori most at risk of declining civil and political human rights.” Stuff, June 23. https://www.stuff.co.nz/national/132390654/mori-most-at-risk-of-declining-civil-and-political-human-rights
World Justice Project. 2022. “New Zealand: Civil Justice.” https://worldjusticeproject.org/rule-of-law-index/factors/2022/New%20Zealand/Civil%20Justice
To what extent are public officeholders prevented from abusing their position for private interests?
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9
Legal, political and public integrity mechanisms effectively prevent public officeholders from abusing their positions.
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7
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Most integrity mechanisms are effective and provide disincentives for public officeholders to abuse their positions.
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3
4
3
Few integrity mechanisms are effective and provide disincentives for public officeholders to abuse their positions.
2
1
1
Public officeholders can exploit their offices for private gain as they see fit without fear of legal consequences or adverse publicity.
New Zealand’s public sector is considered one of the least corrupt in the world. The 2022 Corruption Perceptions Index, published by Transparency International, ranks New Zealand joint second with Finland in terms of anti-corruption efforts (Transparency International 2022).
Several measures are in place to prevent public officeholders from abusing their positions for private interests. These measures include codes of conduct, conflict of interest rules, transparency mechanisms such as public declarations of assets, specific laws addressing bribery and corruption, and protections for whistleblowers who report misconduct or abuses of power.
There are also regulations and laws regarding party financing aimed at promoting transparency and preventing corruption. Not only are political parties required to disclose their sources of funding and donations, but political finance laws set limits on the amount of money individuals or organizations can donate to political parties.
Independent oversight bodies, such as the Office of the Auditor-General and the Office of the Ombudsman, oversee government activities and investigate complaints related to potential abuses of power. The Electoral Commission has primary responsibility for overseeing compliance with party financing regulations.
However, while these regulations and enforcement capacities significantly promote accountability, the New Zealand political system is not entirely immune to potential loopholes or abuses. For example, concerns exist regarding the lack of transparency in the lobbying industry (Espiner 2023) and the so-called revolving door practices in which individuals shift between government positions and private sector jobs, and vice versa (Kuhner 2020). There are also ongoing concerns about party financing rules.
The Independent Electoral Review was established in 2022 and reported back in November 2023. It recommended that parties forgo access to unlimited donations revenue in exchange for greater state funding; it also proposed a cap on political donations and limiting donors solely to the population of registered voters. It remains to be seen how the new government will respond to this recommendation, which would likely reduce funding for the two major parties and the smaller libertarian right-wing party, but benefit other smaller parties (Independent Electoral Review 2023).
Citations:
Espiner, G. 2023. “Lobbyists in New Zealand Enjoy Freedoms Unlike Most Other Nations in the Developed World.” RNZ, March 25. https://www.rnz.co.nz/news/lobbying/486670/lobbyists-in-new-zealand-enjoy-freedoms-unlike-most-other-nations-in-the-developed-world
Independent Electoral Review. 2023. “He Arotake Pōtitanga Motuhake, Independent Electoral Review, Final Report.” November. https://electoralreview.govt.nz/assets/PDF/Independent-Electoral-Review-Final-Report-Executive-Summary-and-List-of-Recommendations.pdf
Kuhner, T. K. 2020. “Reputation vs reality: how vulnerable is New Zealand to systemic corruption?” The Spinoff, 6 March. https://thespinoff.co.nz/politics/06-03-2020/reputation-vs-reality-how-vulnerable-is-new-zealand-to-systemic-corruption
Transparency International. 2022. “Corruptions Perceptions Index.” https://www.transparency.org/en/cpi/2022
Several measures are in place to prevent public officeholders from abusing their positions for private interests. These measures include codes of conduct, conflict of interest rules, transparency mechanisms such as public declarations of assets, specific laws addressing bribery and corruption, and protections for whistleblowers who report misconduct or abuses of power.
There are also regulations and laws regarding party financing aimed at promoting transparency and preventing corruption. Not only are political parties required to disclose their sources of funding and donations, but political finance laws set limits on the amount of money individuals or organizations can donate to political parties.
Independent oversight bodies, such as the Office of the Auditor-General and the Office of the Ombudsman, oversee government activities and investigate complaints related to potential abuses of power. The Electoral Commission has primary responsibility for overseeing compliance with party financing regulations.
However, while these regulations and enforcement capacities significantly promote accountability, the New Zealand political system is not entirely immune to potential loopholes or abuses. For example, concerns exist regarding the lack of transparency in the lobbying industry (Espiner 2023) and the so-called revolving door practices in which individuals shift between government positions and private sector jobs, and vice versa (Kuhner 2020). There are also ongoing concerns about party financing rules.
The Independent Electoral Review was established in 2022 and reported back in November 2023. It recommended that parties forgo access to unlimited donations revenue in exchange for greater state funding; it also proposed a cap on political donations and limiting donors solely to the population of registered voters. It remains to be seen how the new government will respond to this recommendation, which would likely reduce funding for the two major parties and the smaller libertarian right-wing party, but benefit other smaller parties (Independent Electoral Review 2023).
Citations:
Espiner, G. 2023. “Lobbyists in New Zealand Enjoy Freedoms Unlike Most Other Nations in the Developed World.” RNZ, March 25. https://www.rnz.co.nz/news/lobbying/486670/lobbyists-in-new-zealand-enjoy-freedoms-unlike-most-other-nations-in-the-developed-world
Independent Electoral Review. 2023. “He Arotake Pōtitanga Motuhake, Independent Electoral Review, Final Report.” November. https://electoralreview.govt.nz/assets/PDF/Independent-Electoral-Review-Final-Report-Executive-Summary-and-List-of-Recommendations.pdf
Kuhner, T. K. 2020. “Reputation vs reality: how vulnerable is New Zealand to systemic corruption?” The Spinoff, 6 March. https://thespinoff.co.nz/politics/06-03-2020/reputation-vs-reality-how-vulnerable-is-new-zealand-to-systemic-corruption
Transparency International. 2022. “Corruptions Perceptions Index.” https://www.transparency.org/en/cpi/2022
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Do members of the legislature possess sufficient personnel and structural resources to effectively monitor government activities?
10
9
9
As a group, legislative members have access to a range of resources that are suited for effectively monitoring all government activity.
8
7
6
7
6
As a group, legislative members have access to a range of resources that are suited for effectively monitoring a government’s key activities.
5
4
3
4
3
As a group, legislative members have access to a range of resources that are suited for selectively monitoring some government activities.
2
1
1
The resources provided to legislative members are not suited for any effective monitoring of the government.
Members of Parliament (MPs) have access to pooled personnel and sufficient resources to monitor government activities. For one, the Parliamentary Service provides support to MPs, including administrative, research and advisory services. However, given the small size of New Zealand’s Parliament, these services are relatively limited compared to those in other democracies. Although MPs also participate in select committees, which have their own staff, legal advisers and resources to investigate executive actions, governments frequently call urgency motions to rush legislation through Parliament and bypass select committees (Martin 2015).
MPs also have access to party research budgets and party research units. However, the larger parties (National, Labour) are at a distinct advantage, as minor parties (ACT, Greens, Te Pāti Māori) command far fewer resources (Schnapp and Harfst 2005). Moreover, a proposal to create a parliamentary budget office to enable parliamentarians to engage more fully in budget and pre-budget scrutiny activities failed to gain traction, although calls for its introduction have remained a topic of conversation in the media (Transparency International 2023).
Citations:
Martin, J. E. 2015. “Parliament.” In J. Hayward, ed. Government and Politics in Aotearoa New Zealand. 6th ed. Oxford: Oxford University Press.
Schnapp, K.-U., and Harfst, P. 2005. “Parlamentarische Informations- und Kontrollressourcen in 22 westlichen Demokratien.” Zeitschrift für Parlamentsfragen 36: 348-70.
Transparency International. 2023. “The Election Campaign Highlights Why New Zealand Needs a Parliamentary Budget Office.” https://www.transparency.org.nz/blog/the-election-campaign-highlights-why-new-zealand-needs-a-parliamentary-budget-office
MPs also have access to party research budgets and party research units. However, the larger parties (National, Labour) are at a distinct advantage, as minor parties (ACT, Greens, Te Pāti Māori) command far fewer resources (Schnapp and Harfst 2005). Moreover, a proposal to create a parliamentary budget office to enable parliamentarians to engage more fully in budget and pre-budget scrutiny activities failed to gain traction, although calls for its introduction have remained a topic of conversation in the media (Transparency International 2023).
Citations:
Martin, J. E. 2015. “Parliament.” In J. Hayward, ed. Government and Politics in Aotearoa New Zealand. 6th ed. Oxford: Oxford University Press.
Schnapp, K.-U., and Harfst, P. 2005. “Parlamentarische Informations- und Kontrollressourcen in 22 westlichen Demokratien.” Zeitschrift für Parlamentsfragen 36: 348-70.
Transparency International. 2023. “The Election Campaign Highlights Why New Zealand Needs a Parliamentary Budget Office.” https://www.transparency.org.nz/blog/the-election-campaign-highlights-why-new-zealand-needs-a-parliamentary-budget-office
Are legislative committees able to exercise oversight of government activities in practice?
10
9
9
The legislature is able to exercise its oversight function.
8
7
6
7
6
The legislature is able to exercise its oversight function most of the time.
5
4
3
4
3
The legislature faces constraints in exercising its oversight function in a significant number of cases.
2
1
1
The legislature’s oversight function is frequently and severely compromised.
Legislative committees in New Zealand play a significant role in overseeing government activities. Each parliament establishes several “subject” select committees that correspond to specific areas of government activity (the 2023 – 2026 parliament has 12 subject select committees).
Select committees not only review proposed legislation, but also have the authority to conduct inquiries on specific issues or areas of concern. The Finance and Expenditure Committee scrutinizes the government’s budget proposals, expenditure plans and financial reports.
Committees can formally request documents and information from government agencies or departments. They can also summon government officials or relevant individuals to testify and provide information related to their inquiries. The extent to which documents are provided in their entirety and within a reasonable time frame depends on several factors, such as the nature of the information and the volume of documents requested.
A fundamental issue is that New Zealand’s Parliament – due to its relatively small size of 123 MPs during the current legislative period – is notoriously overworked. To manage the resulting legislative logjams, governments frequently resort to “urgency” motions that accelerate the usual processes, giving select committees less time to scrutinize legislation (Martin 2015). For instance, after the October 2023 election, the new National government invoked urgency to pass seven pieces of legislation in the six days it had left for lawmaking between Parliament restarting and the Christmas break (McConnell 2023). This problem is exacerbated by the three-year term currently in place.
Citations:
McConnell, G. 2023. “Every bill the Government has passed under urgency.” Stuff, 22 December. https://www.stuff.co.nz/national/politics/133493748/every-bill-the-government-has-passed-under-urgency
Martin, J. E. 2015. “Parliament.” In J. Hayward, ed. Government and Politics in Aotearoa New Zealand. 6th edition. Oxford: Oxford University Press.
Select committees not only review proposed legislation, but also have the authority to conduct inquiries on specific issues or areas of concern. The Finance and Expenditure Committee scrutinizes the government’s budget proposals, expenditure plans and financial reports.
Committees can formally request documents and information from government agencies or departments. They can also summon government officials or relevant individuals to testify and provide information related to their inquiries. The extent to which documents are provided in their entirety and within a reasonable time frame depends on several factors, such as the nature of the information and the volume of documents requested.
A fundamental issue is that New Zealand’s Parliament – due to its relatively small size of 123 MPs during the current legislative period – is notoriously overworked. To manage the resulting legislative logjams, governments frequently resort to “urgency” motions that accelerate the usual processes, giving select committees less time to scrutinize legislation (Martin 2015). For instance, after the October 2023 election, the new National government invoked urgency to pass seven pieces of legislation in the six days it had left for lawmaking between Parliament restarting and the Christmas break (McConnell 2023). This problem is exacerbated by the three-year term currently in place.
Citations:
McConnell, G. 2023. “Every bill the Government has passed under urgency.” Stuff, 22 December. https://www.stuff.co.nz/national/politics/133493748/every-bill-the-government-has-passed-under-urgency
Martin, J. E. 2015. “Parliament.” In J. Hayward, ed. Government and Politics in Aotearoa New Zealand. 6th edition. Oxford: Oxford University Press.
Do legislative committees have the capacity to investigate unconstitutional or illegal activities carried out by the executive branch?
10
9
9
The legislature is able to exercise its investigation function.
8
7
6
7
6
The legislature is able to exercise its investigation function most of the time.
5
4
3
4
3
The legislature faces constraints in exercising its investigation function in a significant number of cases.
2
1
1
The legislature’s investigation function is frequently and severely compromised
In New Zealand’s Parliament, both “subject” and “specialist” committees have the capacity to investigate potentially illegal or unethical activities carried out by the executive branch. To perform this function, committees can summon government officials, experts or relevant individuals to provide testimony and produce documents related to the inquiry. Committees may suggest corrective actions to address any identified illegal or unethical activities; they cannot make binding legal judgments.
In 2023, Transport Minister Michael Wood and Education Minister Jan Tinetti were investigated by the Privileges Committee for not declaring shares in Auckland Airport (Neilson and Coughlan 2023) and for failing to correct a false statement in Parliament (Coughlan 2023), respectively. The former figure subsequently lost his cabinet role, and later lost his safe Labour seat in the 2023 election.
Citations:
Coughlan, T. 2023. “Jan Tinetti referred to Privileges Committee for possible contempt.” New Zealand Herald, 30 May. https://www.nzherald.co.nz/nz/politics/jan-tinetti-referred-to-privileges-committee-for-possible-contempt/VFNJBGV3YVHYLCIKHON4DWCAFY/
Neilson, M., and Coughlan, T. 2023. “Embattled MP Michael Wood Referred to Privileges Committee After Report Finds He ‘Cast a Shadow’ Over MPs’ Declarations.” New Zealand Herald, July 18. https://www.nzherald.co.nz/nz/politics/embattled-labour-mps-kiri-allan-and-michael-wood-return-to-parliament/UUBJLWLCTFAFVPGXAYC6ZO3FYY/
In 2023, Transport Minister Michael Wood and Education Minister Jan Tinetti were investigated by the Privileges Committee for not declaring shares in Auckland Airport (Neilson and Coughlan 2023) and for failing to correct a false statement in Parliament (Coughlan 2023), respectively. The former figure subsequently lost his cabinet role, and later lost his safe Labour seat in the 2023 election.
Citations:
Coughlan, T. 2023. “Jan Tinetti referred to Privileges Committee for possible contempt.” New Zealand Herald, 30 May. https://www.nzherald.co.nz/nz/politics/jan-tinetti-referred-to-privileges-committee-for-possible-contempt/VFNJBGV3YVHYLCIKHON4DWCAFY/
Neilson, M., and Coughlan, T. 2023. “Embattled MP Michael Wood Referred to Privileges Committee After Report Finds He ‘Cast a Shadow’ Over MPs’ Declarations.” New Zealand Herald, July 18. https://www.nzherald.co.nz/nz/politics/embattled-labour-mps-kiri-allan-and-michael-wood-return-to-parliament/UUBJLWLCTFAFVPGXAYC6ZO3FYY/
To what extent are the organization and operations of legislative committees effective in guiding the development of legislative proposals?
10
9
9
The organization and operations of legislative committees are well-suited for effectively monitoring ministry activity.
8
7
6
7
6
The organization and operations of legislative committees are, for the most part, suited for effectively monitoring ministry activity.
5
4
3
4
3
The organization and operations of legislative committees are rarely suitable for monitoring ministry activity.
2
1
1
The organization and operations of legislative committees are not at all suitable for monitoring ministry activity.
Select committees actively engage in the legislative process and significantly contribute to the development and refinement of legislation by examining legislative proposals in detail. They also conduct consultations, seek public submissions and gather expert opinions.
The task areas of select committees usually align with the responsibilities of government ministries in related policy areas. Committees interact with relevant ministries and government agencies to gather information, seek explanations, and request documents related to their inquiries or the legislation under review. Committee chairs are generally allocated to reflect the proportionality of political parties in Parliament, following debates among a small number of MPs from different parties and invited submissions from interest groups and other stakeholders.
One area of concern is the size of New Zealand’s Parliament, which is relatively small compared to other democracies with similar population counts, such as Denmark, Finland or Ireland. This small size is problematic because it means that MPs are stretched thinly across multiple committees, which in turn affects the ability of select committees to scrutinize proposed legislation (Boston et al. 2019: 71).
Despite the heavy workload, select committees have successfully changed draft legislation through their deliberations. One debated example was the “Three Waters” reform proposal by the previous Labour government, which aimed to consolidate responsibilities for drinking water, wastewater and stormwater into four regional entities. In November 2022, the government agreed to revise the bill based on recommendations made by the Finance and Expenditure Committee (RNZ 2022).
Citations:
Boston, J., et al. 2019. Foresight, Insight and Oversight: Enhancing Long-Term Governance through Better Parliamentary Scrutiny. Wellington: Victoria University. https://www.victoria.ac.nz/__data/assets/pdf_file/0011/1753571/Foresight-insight-and-oversight.pdf
RNZ. 2022. “Three Waters: Government Agrees to Changes after Select Committee Recommendations.” 22 November. https://www.rnz.co.nz/news/political/478549/three-waters-government-agrees-to-changes-after-select-committee-recommendations
The task areas of select committees usually align with the responsibilities of government ministries in related policy areas. Committees interact with relevant ministries and government agencies to gather information, seek explanations, and request documents related to their inquiries or the legislation under review. Committee chairs are generally allocated to reflect the proportionality of political parties in Parliament, following debates among a small number of MPs from different parties and invited submissions from interest groups and other stakeholders.
One area of concern is the size of New Zealand’s Parliament, which is relatively small compared to other democracies with similar population counts, such as Denmark, Finland or Ireland. This small size is problematic because it means that MPs are stretched thinly across multiple committees, which in turn affects the ability of select committees to scrutinize proposed legislation (Boston et al. 2019: 71).
Despite the heavy workload, select committees have successfully changed draft legislation through their deliberations. One debated example was the “Three Waters” reform proposal by the previous Labour government, which aimed to consolidate responsibilities for drinking water, wastewater and stormwater into four regional entities. In November 2022, the government agreed to revise the bill based on recommendations made by the Finance and Expenditure Committee (RNZ 2022).
Citations:
Boston, J., et al. 2019. Foresight, Insight and Oversight: Enhancing Long-Term Governance through Better Parliamentary Scrutiny. Wellington: Victoria University. https://www.victoria.ac.nz/__data/assets/pdf_file/0011/1753571/Foresight-insight-and-oversight.pdf
RNZ. 2022. “Three Waters: Government Agrees to Changes after Select Committee Recommendations.” 22 November. https://www.rnz.co.nz/news/political/478549/three-waters-government-agrees-to-changes-after-select-committee-recommendations