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Parliament's Watchdogs — New Zealand 's Officers of Parliament

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144 Lesley Ferguson APR 25(2)In <strong>New</strong> <strong>Zealand</strong>, the codes <strong>of</strong> practice for the Office <strong>of</strong> the Controller and Auditor-General and the <strong>Parliament</strong>ary Commissioner for the Environment 27 mitigate thisrisk by ensuring that all committees and members understand the independenceissue. There is merit nevertheless in the financial review function being undertakenby a strengthened <strong>Officers</strong> <strong>of</strong> <strong>Parliament</strong> Committee, which would understand theindependence issues more intimately than a subject select committee could beexpected to.While the accountability <strong>of</strong> <strong>of</strong>ficers <strong>of</strong> <strong>Parliament</strong> should not be at the expense <strong>of</strong>their independence, a balance is needed between that independence andaccountability. <strong>Officers</strong> <strong>of</strong> <strong>Parliament</strong> need to be independent from the executiveand also free from direction and political interference by the legislature. The <strong>New</strong><strong>Zealand</strong> model in which the spending and performance <strong>of</strong> the <strong>of</strong>ficers <strong>of</strong> <strong>Parliament</strong>is reviewed by a separate subject select committee was established over 14 yearsago. Perhaps it is time to review the relationship between the <strong>of</strong>ficers <strong>of</strong> <strong>Parliament</strong>and the <strong>Officers</strong> <strong>of</strong> <strong>Parliament</strong> Committee to see whether this model remainsrelevant and whether changes to this relationship might improve the overalleffectiveness <strong>of</strong> the <strong>of</strong>ficers <strong>of</strong> <strong>Parliament</strong>.Conclusion<strong>New</strong> <strong>Zealand</strong> has benefited from the set <strong>of</strong> criteria devised by the Finance andExpenditure Committee in 1989 for consideration when investigating creating an<strong>of</strong>ficer <strong>of</strong> <strong>Parliament</strong>. Since 1989, the framework has evolved sufficiently to allow<strong>New</strong> <strong>Zealand</strong>’s <strong>of</strong>ficers <strong>of</strong> <strong>Parliament</strong> to operate effectively in the era <strong>of</strong> new publicmanagement and still preserve their independence. However, independence has notexempted them from accountability to the House for the stewardship <strong>of</strong> publicfunds and for their <strong>of</strong>fices’ performance. <strong>New</strong> <strong>Zealand</strong>’s <strong>of</strong>ficers <strong>of</strong> <strong>Parliament</strong>seem to have accepted being held accountable in this way as long as theirindependent judgement is not challenged, specifically their forming <strong>of</strong> opinions,reports, selection <strong>of</strong> work, and exercise <strong>of</strong> any statutory discretions. The FEC’scriteria along with the definitions <strong>of</strong> other accountability-type agencies establishedin <strong>New</strong> <strong>Zealand</strong> by enactment <strong>of</strong> the Crown Entities Act 2004 have gone a long wayto clarifying the understanding <strong>of</strong> the role <strong>of</strong> an <strong>of</strong>ficer <strong>of</strong> <strong>Parliament</strong>.▲End Notes1 David McGee, <strong>Parliament</strong>ary Practice in <strong>New</strong> <strong>Zealand</strong>, Third edition, 2005, p. 70.2 Erskine May, <strong>Parliament</strong>ary Practice, Twenty-third edition, 2004, pp. 245–7.3 House <strong>of</strong> Commons Library, <strong>Officers</strong> <strong>of</strong> <strong>Parliament</strong> —A Comparative Perspective,Research Paper 03/77, 2003, p. 8.4 ibid.5 Robert Buchanan, Seminar paper on The Status and Workings <strong>of</strong> <strong>Officers</strong> <strong>of</strong> <strong>Parliament</strong> in<strong>New</strong> <strong>Zealand</strong>, unpublished.6 David McGee, <strong>Parliament</strong>ary Practice in <strong>New</strong> <strong>Zealand</strong>, Third edition, 2005, p. 70.7 ibid.

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