Gordon Campbell | Parliament TV | Parliament Today | News Video | Crime | Employers | Housing | Immigration | Legal | Local Govt. | Maori | Welfare | Unions | Youth | Search


AG will not inquire into Telecommunications Commissioner

Auditor-General will not inquire into appointment of Telecommunications Commissioner

30 August 2012

In July 2012, the Auditor-General received a request from Clare Curran MP to investigate the recent appointment process for the Telecommunications Commissioner. Ms Curran was concerned that the appointment process might have been flawed, because the position description that was initially published contained an error. The error was that the appendix that described the role and functions of the Commissioner was out of date and based on legislation that had been substantially amended.

The Auditor-General has decided not to inquire into this matter for the reasons set out below.

As the public sector auditor, the Auditor-General focuses on financial, governance, management, and organisational issues. All inquiry requests are therefore assessed to see if they raise systemic issues of this kind and involve questions of significant public interest. There are other accountability mechanisms specifically designed for resolving individual complaints about decisions, to hear appeals, and to consider the legality of public sector decision-making.

The Telecommunications Act 2001 requires the Minister to make a subjective assessment of whether a person meets the criteria for appointment. This fits with the traditional understanding that Ministers have a great deal of discretion when making appointments. There is no suggestion that the person who has been appointed does not meet the statutory criteria.

Accordingly, we have therefore concluded that this matter does not raise a significant issue about public administration and the use of public resources that would warrant investigation by this Office. The main issue is a legal question about whether a known mistake at the start meant that the final decision could not stand legally. Answering a legal question of that kind is the responsibility of the courts, through judicial review.


© Scoop Media

Parliament Headlines | Politics Headlines | Regional Headlines

Gordon Campbell: On Populism’s Changing Of The Guard, Plus A Soul Music Playlist

The weekend’s Newshub/Reid Research poll results - Act up to 11.1%, National up 1% but still sitting at only 28.7%, Labour down to 43%, the Greens up to 8.5% - shows that the combined centre right vote is still languishing nearly 12 points behind the combined centre-left vote, 45 months after the last centre-right government was voted out... More>>


Government: Offers Formal Apology For Dawn Raids
Prime Minister Jacinda Ardern has today formally apologised to Pacific communities impacted by the Dawn Raids in the 1970s.

Between 1974 and 1976, a series of rigorous immigration policies were carried out that resulted in targeted raids on the homes of Pacific families... More>>

Government: Bill Introduced To Protect Against Conversion Practices

Legislation has been introduced to Parliament to protect against practices intended to change or suppress someone’s sexual orientation, gender identity, or gender expression... More>>


Government: Welcomes Draft Report On The Retail Grocery Sector

The Commerce Commission’s draft report into the retail grocery sector is being welcomed by Government as a major milestone. “I asked the Commerce Commission to look at whether this sector is as competitive as it could be and today it has released its draft report for consultation,” Commerce and Consumer Affairs Minister, David Clark said... More>>


Human Rights Commission: Successive Governments Responsible For Massive Breaches Of The Right To A Decent Home

Te Kahu Tika Tangata / Human Rights Commission has today launched Framework Guidelines on the Right to a Decent Home in Aotearoa and announced that it will hold a national inquiry into housing... More>>

NZUS Council: Welcomes Nomination Of Senator Tom Udall As US Ambassador To NZ

The NZUS Council welcomes the nomination of Senator Tom Udall to the role of US Ambassador to New Zealand and Samoa, NZUS Council executive director Jordan Small said... More>>

BusinessNZ: Visa Extensions Welcomed
BusinessNZ has welcomed the extension of some critical skill visa durations and changes to immigration systems to speed processing. Chief Executive Kirk Hope says move acknowledges advocacy by the hospitality sector, the BusinessNZ Network and others, and comes not a moment too soon.... More>>




InfoPages News Channels