This article is written by Gungun Sharma of 3rd Semester of Hidayatullah National Law University, Raipur
ABSTRACT
Public offices are a vital part of every country which focuses on the maintenance of the nation as a whole through aiming to achieve welfare of most of the population. Central, State as well as State level of Government works through different department for different specific objectives. It’s proper working is so important especially for a developing nation. But sometimes, their main objective doesn’t get fulfilled as there remains some loopholes may be in the form of lack of efficiency, corruption, misuse of power, etc., due to which the target population does not get the required welfare to which they are entitled. Therefore, to ensure the proper efficiency in the working of public offices, there has to be someone who can regularly keep a check on government’s work and provide for opportunities to the population to put their respective complaints so that their problem can be solved. To hear to people’s complaints and accordingly checking the working of respective public office, the concept of creating the position of Ombudsman emerged. They work as the representative of the common people. They hear to people’s complaints and then work accordingly.
In this article, we’ll be discussing about the working of Ombudsman system in New Zealand. Further, we will also discuss in detail about the political system of New Zealand to clearly understand and analyze the efficiency of this system, history of the Ombudsman system, Powers and roles of Ombudsman.
KEYWORDS
Ombudsman, New Zealand, Government, Representative, Justice, Complaint, Maladministration.
INTRODUCTION
‘Ombudsman’ is a Swedish term that etymologically means “Representative”. Their main duties are to attend people’s complain and accordingly try to investigate into the matter and then to resolve it. They also sometimes take the lead or initiative by themselves to check on any problem that is going on in the governmental system which is leading to poor management, inefficiency, and ultimately to the breach of people’s right. They mainly have to deal with the entire public system including all the companies, organizations, departments, etc. which are being managed by the government for the welfare of the people. They sometimes also supervise the private sector (those which have been given the power by the government. For the efficiency in their work, they work independent of any state institution. Through this, they also prevent biasness.
New Zealand is an island country in the southwestern Pacific Ocean. It consists of two main landmasses- the North Island and the South Island. It is a constitutional monarchy with a parliamentary democracy, although its constitution is not codified. The New Zealand Parliament holds legislative power and consists of the king and the House of Representative. It is also considered as one of the world’s most stable and well-governed states.[1] Ombudsman, in New Zealand, is an officer of its parliament who independently look into the complaints. The main jurisdiction of its office is the maladministration of the Government of New Zealand but over times, it expanded to also cover complaints under Official Information Act, 1982 and Local Government Official Information and Meetings Act 1981. Ombudsman are appointed by the Governor General of New Zealand on recommendation from the New Zealand House of Representatives for a term of five years. [2]
RESEARCH OBJECTIVES
This research article has been written with the aim to find out the working of Ombudsman system in New Zealand and how does it help in the better achievement of the targets of democracy.
RESEARCH METHODOLOGY
The methodology that has been used in writing this research article is primary authorities like some national and international website which provided authentic information and statistics as well as secondary authorities such as some published articles, books and journals. For this research article, most of the focus has been in the doctrinal research so as to find out the history and the current structure of the Ombudsman system in New Zealand.
HISTORY OF OMBUDSMAN SYSTEM IN NEW ZEALAND
The Ombudsman system in New Zealand has a relatively long and significant history. The institution of the Ombudsman plays a vital role in promoting transparency, accountability, and fairness in the public sector. The starting of the Ombudsman system in New Zealand dates back to the time when The Ombudsman Act 1975 was formed which led to the establishment of the office of the Ombudsman in New Zealand which came into effect on 1January 1976, and it was modeled after similar institutions in Scandinavian countries. Since ages, the Ombudsman has been given the power to investigate and examine the complaints related to maladministration, unfair treatment, lack of fairness, and improper governmental decision-making. Over the years, the jurisdiction of the Ombudsman in New Zealand has expanded. Initially, the Ombudsman had jurisdiction over central government departments. However, subsequent legislation broadened their mandate to include state enterprises, local government, prisons, and other public entities. In 1996, the role of the Ombudsman was further extended with the establishment of the Office of the Health and Disability Commissioner. The Ombudsman also plays a crucial role in enforcing the Official Information Act 1982. They have the authority to investigate complaints regarding the release of official information and can make recommendations for the release of withheld information. The Ombudsman system in New Zealand has also undergone periodic legislative reforms to strengthen its effectiveness.
WORKING OF OMBUDSMAN SYSTEM IN NEW ZEALAND AND THEIR ROLES AND POWERS
The Ombudsman system in New Zealand operates as an independent and impartial authority that investigates complaints against government agencies, departments, and other public entities. Any individual or organization can submit a complaint to the Office of the Ombudsman. Complaints can be made in writing, through the office’s online complaint form, or by visiting their office in person. The Ombudsman has jurisdiction over a wide range of public entities, including government departments, local authorities, state-owned enterprises, prisons, and health and disability services. The complaint must pertain to the actions or decisions of a public entity within the Ombudsman’s jurisdiction. Upon receiving a complaint, the Ombudsman assesses its merits to determine if it falls within their jurisdiction and if there are reasonable grounds to investigate. If the complaint is accepted, an investigation is initiated. In some cases, the Ombudsman may attempt to resolve the complaint informally through mediation or negotiation. The Ombudsman has broad powers to access information from public entities. They can request documents, records, and other relevant materials necessary for the investigation. Public entities are legally obligated to cooperated and provide the requested information. Once the investigation is complete, the Ombudsman may make recommendations to the public entity involved. These recommendations aim to rectify any identified administrative deficiencies, address unfair treatment, or correct improper decision-making. The Ombudsman’s recommendations are not legally binding but are generally followed by public entities. They publish reports on their investigations, highlighting systematic issues, deficiencies, or example of good practice. These reports raise public awareness, promote transparency, and encourage accountability in the public sector. In addition to this, they also play a significant role in upholding the Official Information Act. They can investigate complaints related to the release of official information and make recommendations for the disclosure of withheld information. The Ombudsman system in New Zealand also includes specialized offices, such as the Office of the Health and Disability Commissioner, which handles complaints related to health and disability services. These offices follow similar complaint-handling processes but focus on specific sectors.
The Ombudsman system in New Zealand ensures that public entities operate fairly, transparently, and in accordance with proper administrative practices. By investigating complaints and making recommendations, the Ombudsman promotes accountability, protects individual rights, and contributes to the overall integrity of the public sector.
HOW THIS SYSTEM HELPS IN PRESERVING DEMOCRACY IN NEW ZEALAND
The Ombudsman system in New Zealand plays a crucial role in preserving democracy by promoting transparency, accountability, and fairness in the public sector. This system ensures that citizen’s rights are protected and upheld by investigating complaints of maladministration, unfair treatment, or improper decision-making by government entities. This safeguards individual rights and prevents the abuse of power, which is essential for a functioning democracy. It acts as an independent oversight body, holding government agencies and public entities accountable for their actions. By conducting investigations and making recommendations, the Ombudsman helps ensure that public officials are answerable for their decisions and actions, fostering a culture of accountability in the democratic system.
It also helps in enhancing transparency. Transparency is a fundamental principle of democracy. The Ombudsman system in New Zealand enforces the Official Information Act, allowing citizens to access government information and documents, unless there are legitimate reasons for withholding them. This transparency enables citizens to make informed decisions and participate actively in democratic processes. Through their investigations and reports, the Ombudsman identifies systematic issues and deficiencies within the public sector. By bringing attention to these issues, the Ombudsman helps initiate policy changes and reforms, promoting a more robust and accountable democratic system. It upholds the rule of law by ensuring that government actions and decisions comply with legal and procedural requirements. This helps prevent arbitrary exercises of power and ensures that public entities act within the confines of the law, which is fundamental to a democratic society.
The Ombudsman system actively engages with the public, raising awareness about citizen rights, the importance of accountability, and the role of the Ombudsman in preserving democracy. This engagement encourages citizens to voice their concerns, participate in democratic processes, and hold public officials to account. This system acts as a deterrent against corruption and misconduct within the public sector. By investigating complaints and taking appropriate action, such as making recommendations or referring cases for further investigation, the Ombudsman helps maintain the integrity of democratic institutions and prevents the erosion of public trust. By upholding the principles of accountability, transparency, and fairness, the Ombudsman system in New Zealand contributes significantly to preserving democracy. It ensures that the government remains accountable to its citizens, protects individual rights, and fosters an environment where democratic values can thrive.
By upholding the principles of accountability, transparency, and fairness, the Ombudsman system in New Zealand contributes significantly to preserving democracy. It ensures that the government remains accountable to its citizens, protects individual rights, and fosters an environment where democratic values can thrive.
CONCLUSION
The Ombudsman system in New Zealand is a critical institution that serves as a guardian of democracy. With its establishment in 1976 and subsequent developments, the Ombudsman system has played a vital role in preserving the democratic values of transparency, accountability, fairness, and the rule of law. By providing an avenue for individuals and organizations to voice their concerns and grievances against government entities, the Ombudsman system safeguards citizen rights and ensures that public officials are held accountable for their actions. Through its investigate powers, the Ombudsman examines complaints of maladministration, unfair treatment, and improper decision-making, working towards rectifying deficiencies and promoting best practices within the public sector.
Furthermore, the Ombudsman system enhances transparency by upholding the Official Information Act, granting citizens access to government information and documents. This transparency enables informed decision-making, fosters public participation in democratic processes, and prevents the misuse of power. This system also contributes to the preservation of democracy by addressing systemic issues, initiating policy changes, and advocating for reforms within the public sector. By engaging with the public, raising awareness, and promoting citizen rights, the Ombudsman system empowers individuals to actively participate in democracy and hold public officials to account.
This system in New Zealand has evolved over time to become and essential institution promoting administrative fairness, transparency, and accountability. It acts as a safeguard for citizens, ensuring that public entities adhere to proper administrative practices and provide remedies for individuals who have been subjected to unfair treatment or maladministration. Ultimately, the Ombudsman system in New Zealand serves as a cornerstone of democratic governance, ensuring that government actions are in line with the principles of fairness, accountability, and the rule of law. It safeguards the integrity of democratic institutions, prevents corruption and misconduct, and promotes a society where the rights and interest of citizens are respected.
REFRENCES
- Ombudsman Act 1975, (New Zealand).
- The Official Information Act 1982, (New Zealand).
- Larry B. Hill, The Model Ombudsman- Institutionalizing New Zealand’s Democratic Experiment, 3-73, (1976).
- Walter Gellhorn, The Ombudsman in New Zealand, California Law Review, (1965), available at https://heinonline.org/HOL/LandingPage?handle=hein.journals/calr53&div=70&id=&page=, last seen on 07/06/23.
- Guy Powles, The New Zealand Ombudsman- the early days, Victoria U. Wellington Law Review, (1982), available at https://scholar.google.com/scholar?hl=en&as_sdt+0%2C5&q=ombudsman+in+Newzealand&btnG=#d=gs_qabs&t=1686622698038&u=%23%3DvWQlXtNV8icJ, last seen on 07/06/23.
[1] New Zealand, Wikipedia, https://en.wikipedia.org/wiki/New_Zealand, last seen on 08/06/23.
[2] Office of the Ombudsman (New Zealand), Wikipedia, https://en.wikipedia.org/wiki/Office_of_the_Ombudsman_(New_Zealand), last seen on 08/06/23.
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