HUMAN RIGHTS IN NEW ZEALAND 20 1 0 councils. Concern about such inequalities has led to work of the House through the submission process. initiatives to improve participation of young people, This interchange between MPs and the public is the 45 disabled most distinctive feature of New Zealand’s parliamentary people  46 and older people  47 in a range of focussed projects. Nominations and appointments system. 50 However, the submission process can prove services are also operated by a number of agencies, such difficult for groups likely to be affected by proposed as Te Puni Kökiri, the Ministry of Pacific Island Affairs, the legislative change who do not normally engage with or Office of Ethnic Affairs, the Ministry of Women’s Affairs, understand the process (for example, as occurred with the Office for Disability Issues and the Crown Company some groups in relation to the ‘super city’ legislation). Monitoring Unit as a way of increasing diversity. The select committee process itself can be subverted by Accountability unreasonably restricting the time for making submissions Parliament plays the central role in holding the Executive or limiting the number of submissions that will be heard and the Government of the day to account. It does this in (as occurred with the Electoral Finance Bill). This has various ways, including ensuring expenditure is allocated led the Commission to advocate for at least 12 weeks for specified purposes, reviewing how the money is spent, as the minimum period for consultation on proposed providing debating opportunities when the Government legislation. 51 The Executive’s ability to dictate which must defend its position, and upholding the traditional committee it sends a particular piece of legislation right to petition the House on issues such as seeking to can also influence the outcome. For example, the change to public policy or the law. 48 These structures compare favourably with other parliamentary systems. Governments are also obliged to account for how they use the input received through feedback, consultation or other forms of public participation. It follows that measures to ensure that policy-making is open, transparent and amenable to external scrutiny and review are crucial to accountability. Foreshore and Seabed legislation was sent to the Fisheries Select Committee (rather than the Mäori Affairs Select Committee) because the Government anticipated resistance from the latter. The frequent use of supplementary order papers (SOPs) to introduce amendments that are not subject to public submission or examination for consistency with the BoRA can affect the quality of participation. 52 Poor legislation can result when the established legislative process is effectively bypassed by The select-committee process (which has existed in its the use of urgency. current form for 25 years) strengthens the accountability Twenty years ago, commentators warned about hasty of the executive to Parliament by systematic, comprehen- legislation and the frequency with which urgency was sive scrutiny of government activity. 49 It also provides opportunities for the public to become involved in the invoked. 53 The use of urgency has now evolved to such a point in New Zealand that it has been described as 45 Ministry of Youth Affairs (2002), Youth Development Strategy Aotearoa (Wellington: Ministry of Youth Affairs) 46 Minister for Disability Issues (2001), New Zealand Disability Strategy (Wellington: Ministry of Health) 47 Ministry of Social Development (2001), New Zealand Positive Ageing Strategy (Wellington: MSD) 48 Office of the Clerk of the House of Representatives (2010), Government Accountability to the House. Accessible online at http://www. parliament.nz/NR/rdonlyres/439D688B-629B-4A2A-9197-C15C888F80A3/148361/governmentaccountability2010_3.pdf 49 Standing Orders Committee, Report of the Review of Standing Orders 1995, AJHR 1.18A, p 31 50 New Zealand Parliament, 25th Anniversary of the Select Committee System, media release, 23 July 2010. Accessed 4 November 2010 from http://www.parliament.nz/en-NZ/Features/5/2/9/00NZPHomeNews230720101-25th-anniversary-of-the-select-committee-system.htm 51 The Commission’s position is outlined on its website at www.hrc.co.nz/hrc_new/hrc/cms/files/documents/16-Jul-2009_10-43-25_ SubmissionAkldCouncilBill.doc 52 Waldron J (2008), Parliamentary Recklessness: Why We Need to Legislate More Carefully, Inaugural John Graham Lecture, Maxim Institute, Auckland. 53 Joseph P (2010), p 196 85