Day One I 26 November 07 I Closed Session for Commissioners Time
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In the High Court of New Zealand Wellington Registry
IN THE HIGH COURT OF NEW ZEALAND WELLINGTON REGISTRY I TE KŌTI MATUA O AOTEAROA TE WHANGANUI-A-TARA ROHE CIV-2019-485-527 [2021] NZHC 307 IN THE MATTER of an application for judicial review under the Judicial Review Procedure Act 2016 BETWEEN FINANCIAL SERVICES COMPLAINTS LIMITED Plaintiff AND THE CHIEF PARLIAMENTARY OMBUDSMAN Defendant Hearing: 8 and 9 July 2020 Counsel: K Murray and N F Flaws for Plaintiff M T Scholtens QC and D W Ballinger for Defendant Judgment: 26 February 2021 JUDGMENT OF GRICE J FINANCIAL SERVICES COMPLAINTS LTD v THE CHIEF PARLIAMENTARY OMBUDSMAN [2021] NZHC 307 [26 February 2021] Table of contents Introduction [1] Parliamentary Ombudsmen [21] FSCL’s first application: Chief Ombudsman Wakem [29] Reconsideration – by Chief Ombudsman Boshier [35] Parliamentary privilege [38] Evidence in judicial review cases [56] Grounds of review [64] Legal principles – Judicial review [67] Predetermination/predisposition [73] Legislation and guidelines [89] The decision-making process following the Court of Appeal decision (from 28 February 2018) [93] First provisional decision (24 July 2018) [101] Second Provisional decision (23 October 2018) [112] Third Provisional decision (3 May 2019) [120] Final decision (20 June 2019) [124] Analysis of three provisional decisions and final decisions [126] Delay and process [148] Other actions by the Chief Ombudsman [151] Evidence of the Chief Ombudsman [179] Analysis: Pre-determination [191] The evidence in the round [198] Conclusion [214] Relief [215] Costs [223] Attachment 1 – plaintiff’s detailed grounds for review (particulars) Introduction [1] This is an application for judicial review of a decision of the Chief Ombudsman. Under s28A of the Ombudsman Act 1975 Financial Services Complaints Limited (FSCL) made an application to the Chief Ombudsman to use the name “Ombudsman” in connection with its financial dispute resolution scheme services. -
The 'Manufacture' of News in Teh 1993 New Zealand General Election
Copyright is owned by the Author of the thesis. Permission is given for a copy to be downloaded by an individual for the purpose of research and private study only. The thesis may not be reproduced elsewhere without the permission of the Author. The "Manufacture" of News in the New Zealand General Election 1993 A thesis presenteJ in partial fulfilment of the requirements for the degree of PhD in Human Resource Management at Massey University Judith Helen McGregor 1995 ACKNOWLEDGEMENTS I would like to thank my supervisors, Associate Professor Fra11k Sligo and Professor Philip Dewe, for their continued support and assistance during the research project. The study would not have been possible without the help of Annette King, the Member of Parliament for Miramar, and the former Labour leader, Mike Moore, who allowed me inside their organizations. Annette King allowed me to use her as an action research "guinea pig" and her enthusiasm for the project motivated me throughout the research. Sue Foley and Paul Jackrnan, Mr Moore's press secretaries, provided valuable feedback and explained the context of much of the election campaign roadshow. Thanks must go, too, to Lloyd Falck, Labour Party strategist and research adviser to the Leader of the Opposition. Piet de Jong, Liz Brook and Alister Browne all helped with the action research in Miramar. Dr Ted Drawneek provided invaluable help with data analysis in the content analysis sections of the research and I acknowledge the secretarial assistance of Christine Smith. I am grateful to John Harvey for his advice about contemporary journalism and for his unstinting encouragement and support. -
Milestones in NZ Sexual Health Compiled by Margaret Sparrow
MILESTONES IN NEW ZEALAND SEXUAL HEALTH by Dr Margaret Sparrow For The Australasian Sexual Health Conference Christchurch, New Zealand, June 2003 To celebrate The 25th Annual General Meeting of the New Zealand Venereological Society And The 25 years since the inaugural meeting of the Society in Wellington on 4 December 1978 And The 15th anniversary of the incorporation of the Australasian College of Sexual Health Physicians on 23 February 1988 TABLE OF CONTENTS Pg Acknowledgments 3 Foreword 4 Glossary of abbreviations 5 Chapter 1 Chronological Synopsis of World Events 7 Chapter 2 New Zealand: Milestones from 1914 to the Present 11 Chapter 3 Dr Bill Platts MBE (1909-2001) 25 Chapter 4 The New Zealand Venereological Society 28 Chapter 5 The Australasian College 45 Chapter 6 International Links 53 Chapter 7 Health Education and Health Promotion 57 Chapter 8 AIDS: Milestones Reflected in the Media 63 Postscript 69 References 70 2 ACKNOWLEDGMENTS Dr Ross Philpot has always been a role model in demonstrating through his own publications the importance of historical records. Dr Janet Say was as knowledgeable, helpful and encouraging as ever. I drew especially on her international experience to help with the chapter on our international links. Dr Heather Lyttle, now in Perth, greatly enhanced the chapter on Dr Bill Platts with her personal reminiscences. Dr Gordon Scrimgeour read the chapter on the NZVS and remembered some things I had forgotten. I am grateful to John Boyd who some years ago found a copy of “The Shadow over New Zealand” in a second hand bookstore in Wellington. Dr Craig Young kindly read the first three chapters and made useful suggestions. -
Activist #4, 2015
Rail & Maritime Transport Union Volume 2015 # 4 Published Regularly - ISSN 1178-7392 (Print & Online) 17 April 2015 https://www.facebook.com/events/1582054 INAUGURAL WOMEN’S FORUM 735381027/ An RMTU Woman’s Forum is being held in Wellington 21 and 22 April 2015. CALL FOR NOMINATIONS – “This is a major event for the Union as for GENERAL SECRETARY the first time a meeting of RMTU women In accordance with Rule 24 of the Rules from one end of NZ to the other will be in & Standing Orders of the Rail & Maritime Wellington for two days to talk about all Transport Union nominations are hereby issues impacting upon women members of called for the full time position of the Union”. General Secretary. Wayne Butson said “There is an exciting Nomination Forms are available from the lineup of inspiring women speakers from RMTU National Office by contacting Julia overseas and NZ Ports, Police and Women’s on 04-499-2066, fax 04-471-0896 or Refuge to name a few but the most sought [email protected]. after voices at the Forum will be those of our women members”. Nominations shall be in writing and contain the signed consent of the A full report will be published in Issue 2 of candidate, and be proposed and the Transport Worker. seconded by financial members (Rule 1) of the Union. JOIN THE Nominations must PROTEST be received by the National Returning Our friends in Officer at the National Office of the Rail the Greens Party have & Maritime Transport Union, PO Box organised a facebook page and protest 1103 Wellington 6140 no later than event to decry the possible withdrawal of th 1700hrs. -
Learn from New Zealand and Japan on Postal Banking
Learn from New Zealand and Japan on postal banking By Elisa Barwick basic banking ser- With many Australians unable to access adequate bank- vices and loans to ing services, in August the Communications, Electrical and the government. In Plumbing Union of Australia (CEPU), working with the in- 1987 banking opera- dependent think tank Per Capita, proposed that the 6,990 tions were split from Australia Post branches, already used for banking servic- postal functions to es, be transformed into a public bank. This would also form PostBank, but “underpin the ongoing viability of Australia Post’s servic- it was swallowed up es across Australia”, stated the report entitled “Postbank: by ANZ in 1989. Ki- Filling a Void, Securing Essential Services”. wibank was born For a leading union to speak in favour of the nation- in 2002. It provides al bank solution is a big breakthrough. Furthermore, the basic banking ser- proposal is presented in the context of the historical fight vices, home loans, for national banking in Australia through creation of the business loans, and original Commonwealth Bank. This was a fight which took subsidiary compa- on the City of London centred “Money Power”, which we nies provide wealth are right up against again today, with its extension in the management servic- Bank for International Settlements and Financial Stabili- es, insurance and fi- ty Board, which is leading the push for a global “bail-in” nancial services. regime to confiscate people’s savings in order to save the Former New Zealand Deputy Prime Minister Jim An- bankrupt financial system. derton (1938-2018), who left the Labour Party over his “The story of the Commonwealth Bank of Australia opposition to Rogernomics—NZ’s post-1984 neoliberal (CBA) is a dramatic illustration of the enormous potential economic policy named after then-Labour Finance Min- of public banking as well as a warning of the private oppo- ister Roger Douglas—played the pivotal role in winning sition to it”, the Per Capita paper declared. -
Report of the Ombudsmen Nga Kaitiaki Mana Tangata for the Year Ended 30 June 2008
A.3 A.3 2007/2008 Report of The Ombudsmen Nga Kaitiaki Mana Tangata for the year ended 30 June 2008 Presented to the House of Representatives pursuant to s 29 of the Ombudsmen Act 1975 2007/2008 Report of The Ombudsmen Nga Kaitiaki Mana Tangata for the year ended 30 June 2008 Presented to the House of Representatives pursuant to s 29 of the Ombudsmen Act 1975 A.3 Madam Speaker 2 We submit to you our report for the year 1 July 2007 to 30 June 2008. Beverley Wakem David McGee Chief Ombudsman Ombudsman A.3 Contents 3 Statement of purpose 5 Relevant outcomes 5 Report from the Ombudsmen 6 Part 1 – jurisdictional issues The Ombudsmen Act 1975 (OA) 18 The Official Information Act 1982 (OIA) 25 The Local Government Official Information And Meetings Act 1987 (LGOIMA) 31 The Protected the Disclosures Act 2000 (PDA) 32 Crimes Of Torture Act 1989 (COTA) - Optional Protocol To The Convention Against Torture and Other Cruel, Inhuman Or Degrading Treatment Or Punishment (“OPCAT”). 32 Part 2 – General Information Publicity And Public Awareness Programmes 36 Ombudsmen Quarterly Review (Te Arotake) 36 Compendium Of Case Notes 37 Practice Guidelines 37 Engaging With Māori 37 Clinics/regional Meetings 38 Speaking Engagements 38 International Contacts 38 Office of the Ombudsmen Website 38 Part 3 – Chief Ombudsman’s Report on Operations Our Contribution To “Good” Government 40 Business Risks Identified At The Beginning Of The 2007/2008 Reporting Year 42 Management Structure 46 Management Performance 46 Financial And Asset Management 48 Information Management -
New Zealand's Meningococcal Vaccine Strategy
CASE PROGRAM 2006.18.2 New Zealand’s Meningococcal Vaccine Strategy (B- Epilogue) On 17 May, Meningococcal Vaccine Strategy (MVS) director Jane O’Hallahan set a new possible pilot roll out date for the MeNZB vaccine of 2 August 2004, with November 2004 dates for roll outs in Northland, Auckland and Waitemata District Health Boards.1 Medsafe had compiled 55 additional questions to be answered about aspects of the data provided on safety and efficacy of the vaccine. These were ultimately resolved in a series of teleconferences between Medsafe and experts from regulatory and technical agencies in the United Kingdom. By then, however, the June edition of New Zealand Doctor magazine suggested the MVS had miscalculated and was at risk of wasting thousands of dollars by ordering the first batch of vaccine so early that it would have expired before it could be licensed. On 27 June 2004, the front page of the New Zealand Herald featured a picture of six month-old Charlotte Cleverley-Bisman, taken before she became one of the most recent meningococcal victims. Under the headline “Disease Ravages a Perfect Angel: a couple pleads for a vaccine to be made available urgently to combat a deadly epidemic,” it went on to describe how she was facing amputations to her legs and arms. This case was written by Janet Tyson, Australia and New Zealand School of Government, under the supervision of Dr Richard Norman, and with assistance from Professor Claudia Scott and Dr Karen Baehler, Victoria University of Wellington. It is a sequel, prepared for teaching purposes, to case 2006-18.1. -
The Citizen and Administrative Justice: Reforming Complaint Management in New Zealand Mihiata Pirini
© New Zealand Centre for Public Law and contributors Faculty of Law Victoria University of Wellington PO Box 600 Wellington New Zealand December 2010 The mode of citation of this journal is: (2010) 8 NZJPIL (page) The previous issue of this journal is volume 8 number 1, June 2010 ISSN 1176-3930 Printed by Geon, Brebner Print, Palmerston North Cover photo: Robert Cross, VUW ITS Image Services CONTENTS Judicial Review of the Executive – Principled Exasperation David Mullan .......................................................................................................................... 145 Uncharted Waters: Has the Cook Islands Become Eligible for Membership in the United Nations? Stephen Smith .......................................................................................................................... 169 Legal Recognition of Rights Derived from the Treaty of Waitangi Edward Willis.......................................................................................................................... 217 The Citizen and Administrative Justice: Reforming Complaint Management in New Zealand Mihiata Pirini.......................................................................................................................... 239 Locke's Democracy v Hobbes' Leviathan: Reflecting on New Zealand Constitutional Debate from an American Perspective Kerry Hunter ........................................................................................................................... 267 The Demise of Ultra Vires in New Zealand: -
The Politics of Maori Affairs Policy
Copyright is owned by the Author of the thesis. Permission is given for a copy to be downloaded by an individual for the purpose of research and private study only. The thesis may not be reproduced elsewhere without the permission of the Author. , I I CLOSING THE GAPS? THE POLITICS OF - MAORI AFFAIRS POLICY A thesis presented in partialfulfi lment of the requirements for the degree of Doctor of Philosophy in Sociology at Massey University, Albany, New Zealand. Louise Virginia Humpage 2002 iii ABSTRACT In searching for ways to decolonise, indigenous peoples have promoted indigenous models of self-determination. Governments, in response, have attempted to protect state legitimacy through the depoliticisation of indigenous claims. An analysis of 'Closing the Gaps', a policy strategy introduced by the Labour-Alliance government in June 2000, illustrates that this has certainly been the case in Aotearoa New Zealand. The policy strategy provides an entry point into exploring the conceptual tensions contained within government policy for Maori, the indigenous peoples of Aotearoa New Zealand. Based on an analysis of government documents and interview data, the thesis focuses on three main initiatives incorporated under the 'Closing the Gaps' umbrella. Each initiative highlights a number of bureaucratic, political and conceptual factors that explain why the strategy failed to match political rhetoric. The thesis argues that, in its eagerness to demonstrate a 'commitment' to Maori, the Labour-Alliance government neglected to distinguish between two different socio political projects. The first, 'social inclusion' for all disadvantaged peoples, was framed by a broader 'social development' approach whose ultimate goal was 'national cohesion'. -
Geohealth Laboratory Te Tai Whenua O Te Hau Ora
GeoHealth Laboratory Te tai whenua o te hau ora GeoHealth Laboratory Annual Report 2009-10 June 2010 Health & Disability Intelligence Dept. of Geography telligence NZ GIS Expertise & High Quality Research for Public Health tP GeoHealth Laboratory Dept. of Geography University of Canterbury Private Bag 4800 Christchurch 8020 Contact: Assoc. Prof. Simon Kingham [email protected] Tel: +64 3 364 2987 x7936 Directors Assoc. Prof. Simon Kingham Assoc. Prof. Jamie Pearce Dept. of Geography School of Geosciences University of Canterbury University of Edinburgh Christchurch Edinburgh New Zealand United Kingdom Health & Disability Intelligence 2 Dept. of Geography GIS Expertise & High Quality Research for Public Health Contents 1 INTRODUCTION .......................................................................................................................... 4 1.1 WHY HAVE A GEOHEALTH RESEARCH LABORATORY? ............................................................. 4 1.2 FOURTH ANNUAL REPORT OF THE GEOHEALTH RESEARCH LABORATORY ............................... 4 2 GEOHEALTH RESEARCH LABORATORY INFRASTRUCTURE...................................... 5 2.1 FUNDING ................................................................................................................................... 5 2.1.1 Ministry of Health Direct Funding ................................................................................... 5 2.1.2 University of Canterbury Indirect Funding ..................................................................... -
Evidence to ICFOI
Review of the Freedom of Information Act 2000 Submission to the Independent Commission on Freedom of Information About Andrew Ecclestone I am a specialist in Freedom of Information (FOI) laws, with 22 years of experience in this field. I have 10 years of FOI experience in the United Kingdom, working for civil society and the government, and have worked for the FOI appeals regulator in New Zealand for the last 10 years. I was the Policy Manager and then Head of Freedom of Information Policy Branch in the Lord Chancellor’s Department and the Department for Constitutional Affairs between September 2001 and December 2003. In addition to general policy advice and work on implementation of the FOI Act, I led the work to develop the system for monitoring the handling of FOI requests within central government and the publication of these statistics that the Commission’s Call for Evidence relies upon. I was also Secretary to the Lord Chancellor’s Advisory Group on Implementation of the FOI Act, and represented the UK in in concluding negotiations on the Council of Europe Recommendation 2002(2) on Access to Official Documents – a model FOI law for CoE member states that the UK Government endorsed. In 2004-5 I undertook a Masters in Public Policy at Victoria University of Wellington, New Zealand. This included research on communities of practice on FOI within New Zealand government agencies, and on the management of FOI requests by government agencies. I have worked as a consultant on FOI for the Council of Europe in Serbia, the Open Society Foundation in Mexico, the World Bank in Indonesia and Bangladesh, the UNDP in the Pacific and for USAID in Cambodia. -
Rank Name Portfolio 1 Leader SIS 2 Annette King Deputy
Rank Name Portfolio 1 Phil Goff Leader SIS 2 Annette King Deputy Leader Social Development 3 David Cunliffe Finance 4 Ruth Dyson Health 5 Parekura Horomia Maori Affairs Fisheries 6 Clayton Cosgrove Law & Order (including Police & Corrections) SOEs Assoc. Finance 7 Maryan Street Foreign Affairs Trade Treaty of Waitangi Negotiations 8 Darren Hughes Shadow Leader of the House Chief Whip Transport Infrastructure 9 Trevor Mallard Education Labour Rugby World Cup America’s Cup 10 David Parker Economic Development Shadow Attorney-General ACC Assoc. Finance 11 Nanaia Mahuta Maori Social Development Energy Assoc. Law and Order 12 Charles Chauvel Climate Change Environment Assoc. Commerce Assoc. Justice 13 Chris Carter Conservation Ethnic Affairs 14 Lianne Dalziel Justice Commerce Electoral Reform 15 Pete Hodgson Immigration Defence 16 Winnie Laban Pacific Island Affairs Assoc. Health (Aged Care) Assoc. Economic Development Interfaith Dialogue 17 Moana Mackey Housing Assoc. Research, Science & Technology 18 Steve Chadwick Junior Whip Arts Culture and Heritage 19 Sue Moroney Women’s Affairs Education – ECE 20 Grant Robertson Tertiary Education State Services Assoc. Arts, Culture & Heritage Assoc. Foreign Affairs 21 Shane Jones 22 Rick Barker Courts Veterans Affairs 23 Ross Robertson Small Business Senior Citizens Racing Assoc. Disarmament & Arms Control 24 George Hawkins Local Government 25 Damien O’Connor Rural Affairs Biosecurity Assoc Agriculture 26 Mita Ririnui Assoc. Treaty of Waitangi Negotiations 27 Lynne Pillay Disability Issues Assoc. Justice - Victims Rights 28 Ashraf Choudhary Food Safety Assoc. Ethnic Affairs Assoc. Research Science and Technology 29 Darien Fenton Transport Safety Assoc. Labour 30 Su’a William Sio Customs Assoc. Pacific Island Affairs Assoc.