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Checks and balances for local government
Officers of Parliament help ensure accountability of government officials on behalf of the House of Representatives. To be effective and credible in this role, Officers of Parliament must be independent of the government. To ensure their independence:
- they are appointed by the Governor-General, on the recommendations of the House
- they report directly to the House
- their salaries are met by permanent legislative authority and do not require the approval of government
- requests for funding are reviewed by the Officers of Parliament Committee, which is non-partisan and chaired by the Speaker of the House
- the Officers of Parliament Committee takes the lead in recommending to the House the appointment of new Officers of Parliament.
In 2003 there were six Officers of Parliament: three Ombudsmen (John Belgrave, Anand Satyanand and Mel Smith), Parliamentary Commissioner for the Environment (Dr Morgan Williams), Controller and Auditor-General (Kevin Brady) and Deputy Controller and Auditor-General (Kevin Simpkins).
The Ombudsmen
Ombudsmen investigate complaints about the administrative actions (or failures to act) by government organisations that have adversely affected individuals. An Ombudsman may also review requests for the release of official information that have been declined. The Ombudsmen are not advocates for either the complainant or the organisation concerned. Their role is to impartially consider whether the correct decision has been made after reviewing all of the evidence.
The Ombudsmen normally require that a complainant first attempt to resolve the grievance with the organisation concerned. If this does not resolve the grievance to the satisfaction of the complainant, the Ombudsman will consider investigating the grievance.
The Ombudsmen investigate complaints against regional or local government and central government organisations. Many actions taken by organisations such as health authorities, school boards, universities, councils and government departments fall within the Ombudsmen’s jurisdiction.
The Ombudsmen and their staff are required to maintain secrecy about matters they learn in the course of their investigation. The exception is where the investigation cannot take place without information being disclosed.
Ombudsman
Tel: 0800 802 602
Email: office@ombudsmen.govt.nz
Web: www.ombudsmen.govt.nz
Auckland: PO Box 1960 10th floor, 55-65 Shortland St.
Tel: (09) 379 6102
Fax: (09) 377 6537
Tel (04) 473 9533
Fax (04) 471 2254 Christchurch: PO Box 13 482 6th floor, 764 Colombo St
Tel (03) 366 8555
Fax (03) 365 7935
Parliamentary Commissioner for the Environment
The Commissioner’s job is to review and advise on environmental issues and the system of agencies and processes established by the Government to manage the environment. The primary objective is to contribute to maintaining and improving the quality of the environment in New Zealand through advice given to Parliament, councils, business, tangata whenua, and communities.
The Commissioner may:
· investigate any matter where the environment may be, or has been, adversely
affected
· assess the capability, performance and effectiveness of the New Zealand
system of environmental management (at central and local government levels) provide
advice and information that will assist people to maintain and improve the quality
of the environment.
The Commissioner welcomes enquiries, comments and environmental information from individuals, groups, organisations and businesses. Your information and views help us to find out how well local government agencies and processes are protecting the environment. In return, we have information and other resources which may help you find solutions to your environmental concerns.
Parliamentary Commissioner for the Environment (PCE)
PO Box 10 241, Wellington
Tel: (04) 471 1669 Fax (04) 495 8350
Email: pce@pce.govt.nz
Auditor-General
The Controller and Auditor-General plays a key role in helping maintain accountability in the public sector. Parliament makes the Auditor-General the auditor of local authorities (and their controlled entities) because local authority members are publicly elected and, in general, there is no practical alternative by which communities can appoint an independent auditor.
The Auditor-General’s role in local government is to enhance public oversight of local authorities and their controlled entities by reporting and providing information to Parliament, local authorities and to other stakeholders through:
- providing opinions on whether annual accounts fairly reflect performance. (From 2006 the Auditor-General will also provide opinions on local authorities’ compliance with statutory requirements for, and robustness of, long-term council community plans)
- reporting on whether:
- resources have been effectively used, as these resources are ultimately owned by communities
- activities are conducted ethically and statutory powers have been properly exercised
- local authorities have planned, are prepared and have the capability to deliver the key services expected from them by their communities.
Matters regularly reported on include:
- issues arising from the role of auditor
- areas appropriate for legislative clarification or amendment
- expectations of ‘best practice’ on financial management and reporting, governance and administration.
Controller and Auditor-General
Private Box 3928, Wellington
Tel: (04) 917 1500
Fax: (04) 917 1509
Web:www.oag.govt.nz