Freshly out of the role, former Chief Ombudsman Peter
Boshier says the public can rest assured that there is an
enduring institution that will always fight for fairness and
accountability. “As long as we can maintain our status and
call out things which are wrong, the public can have
confidence that there’s a watchdog always looking and always
calling things out if need be.”
The Ombudsman is one
of three Officers of Parliament – along with the Auditor and
Controller General, and the Parliamentary Commissioner for
the Environment. All three are politically independent, and
responsible for the monitoring of government and the wider
government sector. For this reason they are often referred
to as Parliament’s watchdogs.
Boshier, a former Family
Court judge, wrapped up his nine-year tenure at the end of
March. During that time he’s seen changes made to the
accountability of government departments.
“I think
we’ll need to watch it a bit,” he said, “New Zealand’s
always ranked highly in the world in our transparency
ratings. We have got the Official Information Act to largely
thank for that, but we’ve dropped to four [in the Corruption
Perceptions Index].”
The Corruption Perceptions Index
is published annually by Transparency International (TINZ)
and is the leading global indicator of public sector
corruption. In February this year, New Zealand’s Index score
fell from 85 to 83.
A broad remit
It’s not
only the government that the Ombudsman watches. Also within
its remit, which Boshier describes as “broad,” are
investigations into conduct in prisons, aged-care
facilities, young people in care, and the handling of
complaints about requests made under the Official
Information Act 1982, commonly referred to as
OIAs.
Advertisement – scroll to continue reading
The office of the Ombudsman was created by
legislation in 1962, and was the first outside Scandinavia
(where the term translates as ‘grievance
person’).
Boshier said the arrangement is a “fantastic
constitutional set-up,” which he describes as one of the
best in the world.
“The reason,” he said “is my
answerability is not to the government of the day, it’s not
to a minister. My funding doesn’t come from Treasury or the
Minister of Finance – it comes from
Parliament.”
Boshier said the Ombudsman has become
more visible to the public in recent years, which he
attributes in part to outreach into the community.
“We
decided after cyclone Gabriel that we would get out on the
road and see what people were thinking and how they were
feeling. We knew that we would attract complaints, so out we
went and we visited five or six different parts of the
country. [On] the East Coast they initially just poured out
their disgruntlement of not being listened to, and being
left on their own.”
“Then they warmed to us and
trusted us,” he said. “I like the idea that people thought
‘we have got someone here who’s genuine’. So I think in this
job – to be trusted, to be the genuine object of people’s
complaints, knowing that they will accept the outcome – that
for me has been the biggest highlight of all.”
It
hasn’t always been smooth sailing. Boshier said while most
government agencies have changed for the better, he is still
disappointed in some, such as Corrections and Health New
Zealand. He considers them to have “regressed or failed to
embrace change… . I think that’s a shame when so many
others have so willingly been prepared to do
it.”
Justice heard
Ombudsmen strive for
fairness, justice and accountability; values that, as a
former judge, Boshier is well acquainted with. However, he
said the complaint process often felt more empathetic than
the courtroom.
“The justice system is often lengthy.
It’s often expensive, and the thing that I found difficult
is that often it’s win or lose. If you’re the loser, you
walk out with your dignity often shattered. What have I
liked about this job? It’s being able to apply the modest
skills that I developed as a judge to listen, to be fair, to
assist, and at the end of it to say to someone, ‘I’ve looked
at your complaint. I can’t uphold it, but you are right to
raise the following things’. And I think they feel heard.
That’s really important.”
Caption: Boshier’s
replacement is long time public servant John
Allen.
Chief Ombudsmen must retire at age 72, but
Boshier was asked by Parliament to stay on until a
replacement was found.
Boshier’s replacement is
long-time public servant and former Chancellor of Te Herenga
Waka-Victoria University of Wellington, John Allen. Boshier
said his advice to Allen, who is just weeks into the role,
is to have lots of energy. “This is a busy job, but look,
it’s an enjoyable job, ” he adds. “It’s one where you apply
your skills of fairness and reason.”
Boshier also
noted the importance of simplifying the arrangements of
government and who does what, so that the public can more
easily engage with institutions like the
Ombudsman.
“[The public should know] that when they’re
in a state of desperation, there is an office that will be
empathetic, will listen, and whatever the result, the person
will feel that they’ve had a fair go.”
The Ombudsman
service is both free and confidential, and is accessible via
their website or over the phone.
*RNZ’s The House,
with insights into Parliament, legislation and issues, is
made with funding from Parliament’s Office of the
Clerk.
New Zealand’s public broadcaster, providing comprehensive NZ news and current affairs, specialist audio features and documentaries.
Radio New Zealand is a Crown entity established under the Radio New Zealand Act 1995. Radio New Zealand News are vital elements in our programming, providing impartial news and information to New Zealanders every day. Radio New Zealand (RNZ) provides listeners with exciting and independent radio programmes in accordance with the Radio New Zealand Charter.
