The Legal Recognition of Relationships Between Couples of the Same Sex: A New Zealand Perspective

Now that New Zealand has guaranteed freedom from discrimination on the grounds of sexual orientation, one is able to argue convincingly that legislative change must occur so that same-sex couples can be recognised. This article discusses the rightsbased argument as to why the current position of the law in respect of same-sex couples is untenable before turning to consider what the best option for law reform might be.

Public Sector

The public sector is widely perceived as facing issues relating to corruption. There is a reasonable legal framework for accountability and integrity of public servants. However, political interference and lack of implementation of the legal framework mean that in practice there is little accountability. In the absence of financial accountability mechanisms it is difficult to determine to what extent public service agencies are suffering from shortages of resources in undertaking activities, and to what extent mismanagement and corruption plays a role in limiting service delivery. In likelihood both contribute to weak service delivery by the public service. There are plans to strengthen the extent to which the public service educates the public on corruption and cooperates with other agencies in addressing corruption. In past years, and at the moment, however, little is done in these areas. Public procurement is not transparent and there are significant loopholes in the laws in this area. As a result public procurement processes are open to abuse

Supreme audit institution

The Office of the Auditor General (OAG) is severely hindered by lack of staff. Less than a third of approved technical staff positions are filled. This has been a problem for a number of years and has led to backlogs in the conduct of audits. It has also limited the extent to which the OAG can undertake special investigations. Between August 2008 and November 2009 the position of Auditor General was vacant. Despite the lack of staff, since the appointment of the new Auditor General in 2009 a number of positive changes have occurred. In 2011, with the assistance of technical assistance from the European Union, the OAG produced a Corporate Plan 2012 – 2016. This technical assistance also saw the development of a draft audit manual. The OAG is also provided with support by AusAID by way of an operating grant and funding an external advisor through the Pacific Technical Assistance Mechanism (PACTAM) program. It is through this grant that the OAG are able to undertake training activities for staff, contract audits out to external firms and other forms of technical assistance. For example, in 2013 TeamMate software was reinstated and staff trained in its use. In 2012 the OAG presented an annual report covering the years 2005 – 2009 to Parliament. This was the first such report produced since 2007. A report covering 2010 – 2012 is currently under preparation. Another significant problem for the OAG is that in order for its recommendations to be acted upon there needs to be a strong Public Accounts Committee (PAC) and/or other mechanisms to ensure recommendations are implemented. However, as discussed in the legislature section, the PAC does not operate consistently, and when it does produce reports these recommendations are also not acted upon. As such the “accountability cycle” is incomplete

Legislature

A new Clerk of Parliament assumed his position in June 2013, and the management of Parliament is undergoing some change. The operation of Parliament has become more open, with video and audio now being broadcast live. Recordings are also available on the website. The backlog of Hansards has also been reduced and a number of other plans to strengthen the functioning of committees with the assistance of agencies such as UNDP and the Parliament of Queensland are underway. The administration of parliament does, however, suffer from lack of human resources. Whilst the administration of the legislature is developing there is considerable concern about the performance of members of parliament. Parliament is currently comprised of representative of 16 political parties and 4 independent members of parliament (mps). This necessarily means government is a coalition. Coalitions are unstable and motions of no confidence are frequent. The causes of instability are discussed further in the foundations section, and are a reflection of both the socio-cultural environment in which democracy operates, and the simple fact that democracy, and the values associated with it are new. As such, instability is not able to be simply cured by law reforms. Internal politicking, including changes in executive positions, occurs in order to maintain coalitions or succeed in motions of no confidence. This weakens the ability for the legislature to play its role asnthe central accountability mechanism for public entities and expenditure. It also distracts members of parliament from their role as representatives of the people. Public trust in mps is low and mps do little to inform their constituencies about the work of parliament or represent their concerns in parliament. There is also little public information about Bills, or opportunities for the public to contribute to discussion associated with the legislative changes

VCCI position paper on leave entitlements for employees

This paper was produced for the Vanuatu Chamber of Commerce and Industry. It presents the employer's position on proposed employment law reforms in respect of leave entitlements for workers

Office of the Ombudsman

The Office of the Ombudsman was established in 1994. The first Ombudsman Act was passed in 1995, but was repealed in 1998. A new Ombudsman Act, with more restrictive powers, came into force in 1999. The most significant restriction was that the power of the Ombudsman to apply to the Supreme Court for an order that recommendations be implemented in the event that the Prime Minister failed to act on recommendations within a set time frame was removed. Since that time there have been a number of reviews and calls to revise and expand the power of the Office of the Ombudsman. The main reason for calls for review is the lack of consistent action in response to Ombudsman’s reports. No changes have been made to the Ombudsman Act or the Leadership Code Act in response to reviews. It is not just the issue of legal power that restricts the operation of the Office of the Ombudsman. Staffing levels have been declining and there are limited resources to carry out public awareness functions. The number of public complaints received and the number of reports issued have also been declining. The fourth Ombudsman passed away in 2012, whilst in Office and this has been somewhat disruptive. In March 2013 Kalkot Mataskelekele was appointed as the fifth Ombudsman