Speaking Truth to Power the Ombudsman in the 21St Century
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Australasia & Pacific
Australasia & Pacific Ombudsman Region Information Manual 2021 ISBN 978-0-9951496-1-8 Revised 3rd edition Date of publication: May 2021 Publisher: Office of the Ombudsman New Zealand © New Zealand 2021 All material presented in this publication is provided under a Creative Commons Attribution 4.0 licence (www.creativecommons.org/licences). This material may be copied, distributed, transmitted or adapted (including for commercial purposes) provided the Office of the Ombudsman New Zealand is credited as the creator and is not represented as endorsing your use of the material. To avoid doubt, this licence only applies to the material as set out in this document. The details of the relevant licence conditions are available on the Creative Commons website as is the full legal code for the CC BY 4.0 licence (www.creativecommons.org/licences/by/4.0/deed.en). Contact us Inquiries regarding the licence and any use of this manual are welcome at [email protected] Foreword This manual is the third edition, describing the role and functions of individual Ombudsman offices in the Australasia and Pacific region. There are nine Australian Ombudsman offices and nine Asia and Pacific regional Ombudsman offices included in the manual. The role of the Ombudsman in the region continues to grow. Individual offices have expanded jurisdictions and have been given increasing oversight responsibilities aimed at promoting integrity, responsiveness and accountability in government and human rights. The individual Ombudsman offices featured in the manual comprise of the Australasia and Pacific region members of the International Ombudsman Institute (IOI). Descriptions have been prepared by each Ombudsman office. -
Dames in New Zealand: Gender, Representation And
Dames in New Zealand: Gender, Representation and the Royal Honours System, 1917-2000 A thesis submitted in partial fulfilment of the requirements for the Degree of Master of Arts in History in the University of Canterbury by Karen Fox University of Canterbury 2005 Contents Abstract List of Figures ii Abbreviations iii Acknowledgements v Introduction 1 Chapter One: 28 An elite male institution: reproducing British honours in New Zealand Chapter Two: 58 In her own right: feminism, ideas of femininity and titles for women Chapter Three: 89 The work of dames and knights: exceptional women and traditional images of the feminine Chapter Four: 119 The work of dames and knights: traditional patterns in honours and non traditional work for women Conclusion 148 Appendix One: 166 Honours awarded in New Zealand, 1917-2000 Appendix Two: 174 Database of titular honours, 1917-2000 Bibliography 210 19 MAY Z005 Abstract The New Zealand royal honours system, as a colonial reproduction of an elite British system with a white male norm, has been largely overlooked in all fields of scholarship. Yet, as a state expression of what is valued in society, honours provide a window into shifts in society. This study of dames and knights is undertaken in the context of the changes in the lives of New Zealand women in the twentieth century. Situated in a changing and shifting environment, the honours system has itself changed, influenced by the ebb and flow of the feminist movement, the decline of imperial and aristocratic forces, and New Zealand's evolving independence and identity. At the same time, the system has been in some respects static, slow to respond to charges of being an imperial anachronism, and, despite some change in what areas of service titles were granted for, remaining a gendered space focused on the traditionally male-dominated fields of politics, law and commerce. -
Hobbling the News
Hobbling the News A study of loss of freedom of information as a presumptive right for public-interest journalists in Aotearoa New Zealand Greg Treadwell 2018 School of Communication Studies A thesis submitted to Auckland University of Technology in fulfilment of the requirements for the degree of Doctor of Philosophy Primary Supervisor: Associate Professor Verica Rupar Secondary Supervisor: Associate Professor Donald Matheson ii Abstract Public-interest journalism is widely acknowledged as critical in any attempt at sustaining actually-existing democracy and is reliant on access to State-held information for its effectiveness. The success of Aotearoa New Zealand’s Official Information Act 1982 contributed to domestic and international constructions of the nation as among the most politically transparent on Earth. Early narratives, partially heroic in character and woven primarily by policy and legal scholars, helped sophisticate early understanding of the notably liberal disclosure law. However, they came to stand in stark contrast to the powerful stories of norm-based newsroom culture, in which public-interest journalists making freedom-of-information (FOI) requests bemoaned an impenetrable wall of officialdom. Set against a literature that validates its context, inquiry and method, this thesis explores those practice-based accounts of FOI failures and their implications for public-interest journalism, and ultimately political transparency, in Aotearoa New Zealand. It reconstructs FOI as a human right, defines its role in democracy theory and traverses the distance between theory and actually-existing FOI. The research employs field theory in its approach to FOI as a site of inter-field contestation, revealing that beyond the constitutional niceties of disclosure principles, agents of the omnipotent field of political power maintain their status through, in part, the suppression of those principles. -
“New Zealand's Ombudsmen Legislation
723 NEW ZEALAND'S OMBUDSMEN LEGISLATION: THE NEED FOR AMENDMENTS AFTER ALMOST 50 YEARS Mai Chen* It has been almost fifty years since the original Parliamentary Commissioner (Ombudsman) Act was passed in 1962, the precursor to the current Ombudsmen Act 1975. Since that time, the role has expanded significantly and the constitutional framework in which the Ombudsman operates has also changed significantly, yet the legislation has never undergone a thorough review. In this article, Mai Chen examines how Ombudsmen are a key tool in the Public Law Toolbox. She reviews the functions of the Office, showing that it can be more effective than courts in addressing issues of public administration in some circumstances, due to its accessibility, low cost to the complainant, and range of remedies available. The article concludes that as so much of the Ombudsmen's work is in private, the lack of formal use of statutory powers to compel or to make formal recommendations may actually evidence their effectiveness in using persuasion to get those complained about to redress the problem. Ms Chen makes a number of reform proposals to reflect recent developments, and to allow the Office to fulfil its constitutional role including a specific public education function, a 20 working day deadline on providing the Ombudsmen with any information requested, a presumption of jurisdiction for bodies exercising public powers affecting the public and which are publicly funded, an express power to comment on law-making with implications for the Ombudsmen and Official Information Acts, extending jurisdiction to "committees of the whole" in Local Government, and a single fixed term to protect Ombudsmen independence in office. -
Nzca 27 Between Financial Services Complaints Limited
IN THE COURT OF APPEAL OF NEW ZEALAND CA162/2017 [2018] NZCA 27 BETWEEN FINANCIAL SERVICES COMPLAINTS LIMITED Appellant AND CHIEF OMBUDSMAN Respondent Hearing: 31 October 2017 Court: Kós P, French and Winkelmann JJ Counsel: K I Murray for Appellant M T Scholtens QC and D W Ballinger for Respondent Judgment: 28 February 2018 at 11.00 am JUDGMENT OF THE COURT A The appeal is allowed. The decisions of the High Court and the Chief Ombudsman are set aside. B The Chief Ombudsman is directed to reconsider the appellant’s application under s 28A(1) of the Ombudsmen Act 1975 in accordance with this judgment. C The respondent must pay the appellant’s costs for a standard appeal on a band A basis with usual disbursements. ____________________________________________________________________ REASONS OF THE COURT FINANCIAL SERVICES COMPLAINTS LTD v CHIEF OMBUDSMAN [2018] NZCA 27 [28 February 2018] (Given by French J) Introduction [1] Section 28A of the Ombudsmen Act 1975 (the Act) provides: 28A Protection of name (1) No person, other than an Ombudsman appointed under this Act, may use the name “Ombudsman” in connection with any business, trade, or occupation or the provision of any service, whether for payment or otherwise, or hold himself, herself, or itself out to be an Ombudsman except pursuant to an Act or with the prior written consent of the Chief Ombudsman. (2) Every person commits an offence and is liable on conviction to a fine not exceeding $1,000 who contravenes subsection (1). [2] Financial Services Complaints Ltd (Complaints Ltd) applied to the Chief Ombudsman under s 28A(1) for approval to use the name ombudsman. -
The Accountability of Partnership Schools to Students and Parents
“Teaching Them a Lesson”: the Accountability of Partnership Schools to Students and Parents Dipti Manchanda A dissertation submitted in partial fulfilment of the degree of Bachelor of Laws (Honours) Faculty of Law University of Otago October 2013 Acknowledgements My sincerest thanks to: My supervisor Professor Stuart Anderson, for your valuable guidance and encouragement; Achala, Kim and a friend who asked not to be named, for your assistance proof-reading; My flatmates, for keeping me smiling; and My mother, father and sister Achala, for your never-ending love and support. ii Table of Contents Acknowledgements .................................................................................................................... ii Introduction ................................................................................................................................ 1 Chapter One: Statutory Framework ........................................................................................... 3 1.1 Entering a partnership school contract ............................................................................. 3 1.2 The contents of a partnership school contract.................................................................. 4 1.2.1 Comparison: State school charters ............................................................................ 5 1.3 Sponsors’ statutory duties and powers ............................................................................. 6 1.4 Regulations ..................................................................................................................... -
Australasian and Pacific Ombudsman Region
AUSTRALASIA AND PACIFIC OMBUDSMAN REGION INFORMATION MANUAL 2009 Cover-art_InDesign.indd 3 13/10/2009 2:43:16 PM AAUUSSTTRRAALLAASSIIAA AANNDD PPAACCIIFFIICC OOMMBBUUDDSSMMAANN RREEGGIIOONN IINNFFOORRMMAATTIIOONN MMAANNUUAALL 2009 Commonwealth of Australia 2009 ISBN 978 0 9806726 4 0 This work is copyright. Apart from any use as permitted under the Copyright Act 1968, no part may be reproduced by any process without prior written permission from the author or the International Ombudsman Institute. Requests and enquiries concerning reproduction and rights should be addressed to: The General Secretariat C/- Austrian Ombudsman Board Singerstrasse 17A – 1015 PO Box 20 Vienna Email: [email protected] website: www.theioi.com Produced by the Commonwealth Ombudsman, Canberra, Australia. FOREWORD This manual describes the role of individual Ombudsman offices in the Australasia and Pacific region. The descriptions were prepared by each Ombudsman office. The offices covered by this manual are all members of the Australasia and Pacific Ombudsman Region of the International Ombudsman Institute. The Institute provided a grant to support the preparation of the manual. The primary work in assembling and publishing the manual was undertaken by the office of the Commonwealth Ombudsman. The common role of each office in this manual is to deal with complaints against government agencies within their particular jurisdiction. The description ‘parliamentary ombudsman’ is sometimes used to describe those offices. Many of the offices, as the manual describes, also perform additional oversight functions that contribute to accountability, responsiveness and integrity in government. The information in the hardcopy form of the manual was accurate at May 2009. The manual will also be published electronically on the websites of Ombudsman offices, and it is intended that periodic updates will be made. -
Spectacles and Acclamation' Or Prospects for Deliberative Democracy?
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. Massey University Library Palmerston North Turltea Public Participation in Local Authority Annual Planning: 'Spectacles and Acclamation' or Prospects for Deliberative Democracy? A thesis presented in fulfilment of the requirements for the degree of Doctor of Philosophy Massey University Christine Maree Cheyne .. 1997 - . FO R ...ReferenceNOT TO BE REMOVED FROM THEOnly LIBRARY • • ERRATA PAGE LINE CORRECTION vi 10 interchange The parameters of the research andThe research QUestion 5 1 replace accounability with accountability 6 Fn6 replace amendeded with amended 14 17 replace Dep artment with Department 14 18 replace1991 with 1991) 22 3rdfrom replace committee withcommitted bottom 29 13 re"lacecitizenFshio with citizenshio 37 15 replace decade. with decade and have 38 21 delete sentence beJtinnin� The soecific wealmesses 48 Fn 31 line 2 delete that 4 9 2 rerJlace enthusiams withenth usiasm 67 Fn43 insert· after theory. 69 Fn47 rerJlacewhich endorsed withwhich is endorsed 70 4 reDlacepossibilty with possibility 75 Fn 51, line 3 replace thought with though of QUote . 75 Fn 51, line 7 replace connet with connect of QUote 75 Fn 51, last replpcereadly with readily line 75 Fn 51, last replace in to with into line 80 1 replaceu p a withup oC a 88 5th from replaceRather withRather than bottom 98 20 replacemodifications withmodification 100 .. 1 replaceexpresssions withexpression 107 15 replace that a with that in a 111 J.9 delete text Whereas ..