To strengthen the implementation, and widen the scope of the application of, the OIA and local government information and Meetings Act.

To  strengthen the implementation, and widen the scope of the application,  of the  OIA and local government information and Meetings Act to include all Public Authorities as in the Aarhus Convention


a) In relation to both these Acts to implement measures to measure, monitor and report the performance of public authorities in compliance with the Acts, to impose escalating penalties for non-compliance, and to include performance reporting in key result areas for the agencies and their CEOs.

 b) To extend the scope of the Acts  go beyond the core government and Council organisations so that various agents of these are covered.

To adopt to this end in these Acts the definition of Public Authority in the Aarhus Convention, viz:

"2.    “Public authority” means:

(a)  Government at national, regional and other level; 

(b)  Natural or legal persons performing public administrative 
functions under national law, including specific duties, activities or services in relation to the environment;

(c) Any other natural or legal persons having public responsibilities or functions, or providing public services, in relation to the environment, under the control of a body or person falling within subparagraphs (a) or (b) above;

(d) The institutions of any regional economic integration organization

(e) This definition does not include judicial bodies

judicial [or legislative] capacity;' 

Why the contribution is important

As New Zealand's configuration of government, the delivery of services and the regulatory and educational regimes and institutions evolve, it is no longer sufficient to have soley the core machinery of government agencies and local government agencies covered by the OIA and LGOIAMAct.

The Aarhus Convention has an existing definition of Public Authority that will assist and enable widening the scope of legislation.  Giving teeth and including penalties and reporting monitoring is a vital part of making open government more real and increasing agency commitment.

The values involved here include Transparency, public particiaption and engagement and improved government.  

by Wallacca1 on August 24, 2016 at 02:07PM

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