HUMAN RIGHTS IN NEW ZEALAND 20 1 0 Despite the fact that there is no single document that on the Local Government (Auckland Council) Bill 2009; protects all the recognised democratic rights, New or legislation such as the Environment Canterbury Zealand’s protection of human rights rates highly in terms (Temporary Commissioners and Improved Water of international standards. New Zealanders enjoy freedom Management) Act 2010, which was introduced under of movement, expression, association and assembly, with urgency and forced through all three readings in a single minimal restrictions. They are free to practise their own sitting; 28 or the precedent set when a law such as the religion, speak their own language and observe their own Canterbury Earthquake Response and Recovery Act 2010 culture. The public sector, including the executive and the is enacted under urgency, abrogating established constitu- judiciary, are subject to the BoRA, and the criminal justice tional protections. and penal system are independent and impartial. In the absence of a written constitution, a robust and While successive New Zealand governments have taken independent civil society is fundamental to democratic the view that economic, social and cultural rights are not participation and the rule of law. New Zealand has an justiciable  25 – and therefore not legislatively guaranteed active and well regarded civil society that covers a wide in the same way as civil and political rights – these rights spectrum of interests and issues. However, to realisti- are addressed through policy and practice. cally influence decision-making, there needs to be greater Participation and empowerment engagement between civil society and government Participation is integral to stable and responsive gover- agencies. nance. The United Nations, for example, recently issued a guidance note suggesting that the way a government provides for people to have a say in the policy process and the development of legislation has a direct impact on the way they view the legitimacy of the democratic system. 26 Over the years, some government ministries and departments have made efforts to involve community organisations in their policy and planning, but the results have often been unsatisfactory. Community organisations tend to feel that the sector’s views and expertise are ignored, that lipservice is paid to the partnership between Mäori Consultation is fundamental to participation. Genuine and the Crown, and that consultation and decision- consultation involves listening to what others have to making processes are ineffective. say and considering the responses, even if not necessarily agreeing on the outcome. The party with the onus to consult must keep an open mind and be ready to change and even start afresh if necessary. 27 The person consulted must be provided with enough information and sufficient time to allow them to respond in a useful way. In 2009, Cabinet approved a package designed to build stronger community relationships and send a clear message to communities that the Government takes their concerns seriously. 29 The initiative will involve the development of a set of principles and a quick reference guide on how to implement the principles for effective It can be particularly concerning, therefore, when engagement with citizens and communities. It is modelled the opportunity to provide input to the development on overseas examples, such as the OECD Guiding Princi- of legislation is unduly restricted – for example, the ples for Open and Inclusive Policy Making. 30 The principles limited timeframe for the public to make submissions will balance the value of inclusive and collaborative 25 The position on justiciability is slowly changing as international changes increasingly impact as a result of the UN’s adoption of an optional protocol to the ICESCR. 26 Guidance note of the Secretary-General on Democracy (2009), para 7. 27 Wellington International Airport v Air New Zealand Limited [1993] 1 NZLR 671, 675 28 Joseph P (2010), Environment Canterbury legislation, New Zealand Law Journal, June, p 193 29 Office of the Minister for the Community and Voluntary Sector (2009), Cabinet Social Policy Committee: Government Commitment to Building Strong Community Relationships 30 Accessible online at http://www.oecd.org/dataoecd/20/3/42658029.pdf 81