Definition of Ministerial Responsibilities under Ministerial Warrant

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"When government is more open, transparent and inclusive:
people understand what government does and why it does "
 
Citizens of New Zealand  need precise definition of responsibilities of Ministers, the limitations of their powers , the liabilities they are subject to and the extent of the obligation - or absence of , to enforce Sections of the Acts within the portfolios they, having taken the Oath or Declaration, have the responsibility for administering under the terms of their Ministerial Warrant.
 
Currently , there seems to be no wording stipulating that ministers  are obliged to enforce any given Section of any Act that they are responsible for administering.
The effect of the existing nebulous and limited language currently used is that Ministers have the discretionary / arbitrary power to refuse to enforce Sections of Acts which is allowing dysfunction and injustice to occur.

Why the contribution is important

If Ministers can choose to refuse to enforce Sections of Acts within the porfolios they hold, the effect of the law is lost.

e.g. from 2006-2013, a succesion of three Ministers of Local Government refused to enforce section 83 of the Local Government Act 2002 which would have compelled the Kaipara District Council to consult with democratically elected representatives of Mangawhai Ratepayers and Residents' Association , despite their continous appeals for Ministerial intervention. The result is a community divided, $57,000,000 owing in illegally struck loans, inappropriate and unaffordable infrastructure ( sewerage reticulation ) widespread cynism among voters leading to withdrawl from the political process , $179,000 in costs awarded against the democratically elected community leaders by the Court of Appeal on behalf of the Northland Regional Council.

The absence of a clear definition of Ministers' responsibilities and obligations left appelants without a reference point.

 

by alanwilliampreston on October 17, 2018 at 01:14AM

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