Public Governance and Administrative Law

Vocabulary flashcards for review.

Governance by contract

A method where public services are managed through specific contracts to enhance efficiency and achieve well-defined objectives. However, this approach may lead to political influence and diffused accountability across various contracted parties.

Goodhart's Law

This law illustrates that when a specific measure is used as a target for improvement, its effectiveness as a reliable measure decreases. This is because efforts are directly focused on manipulating the measure rather than improving the underlying processes it was intended to reflect.

New Public Management (NPM)

This management model prioritizes technical and financial accountability, separating various government functions to be managed at 'arm's length'. Critics argue this can cause a lack of cohesive oversight, leading to a focus on achieving targets (outputs) without necessarily improving overall results (outcomes).

Te Ao Tūmatanui

A concept that focuses on strengthening the relationship between the Māori people and the Crown within the public sector, emphasizing partnership and mutual respect as part of the 2020 Reform Principles.

The Diceyian Legacy

This legal principle, derived from A.V. Dicey, emphasizes that no one should be punished unless they have breached the law, everyone is equal before the law (administered through ordinary courts), and the courts have the power to review actions taken by the executive branch.

Droit Administratif

This is a separate legal system used to execute administrative law, overseen by a 'Conseil d'Etat'. It includes specialized administrative experts and provides specific legal remedies tailored to disputes involving the government.

Sandbox Theory (Red Light)

This theory, rooted in Dicey's Rule of Law, views courts as essential for ensuring that the executive branch operates within its legal boundaries. The 'red light' symbolizes the court's role in stopping any executive actions that exceed legal powers.

Green Light Theory

Challenging Dicey's view, this theory supports the integration of legal controls within the executive branch itself. It promotes internal monitoring and sound decision-making processes to ensure legality and fairness.

Ultra Vires

Refers to actions taken by an entity that are beyond its legal jurisdiction or authority. This concept is crucial in judicial reviews, where courts assess whether a body has overstepped its legal mandate.

Administrative Justice

This encompasses various mechanisms like Ombudsmen, tribunals, and inquiries designed to offer remedies against actions by the state that affect individuals. It operates outside the traditional court system to ensure fairness and transparency.

Ombudsman

An independent officer of Parliament who investigates complaints against government agencies. This role serves as a final recourse for those seeking redress, enhancing government transparency and promoting equitable treatment.

Maladministration

This is a critical assessment made by the Ombudsman, indicating that governmental decisions were flawed due to illegality, irrationality, errors, or improper use of discretionary powers.

Privacy Act 2020

Governs how personal information is collected, used, disclosed, stored, and accessed in New Zealand, applying to both public and private sectors.

Principles of the Privacy Act

Sets out 13 information privacy principles, including collection limitation, purpose specification, and access and correction rights.

Health Information Privacy Code

A specific code under the Privacy Act that applies to health information, setting stricter rules for its handling.

Official Information Act (OIA) vs. Privacy Act

OIA focuses on access to general government information, while the Privacy Act protects personal information.

Public Records Act 2005

Ensures the creation and maintenance of full and accurate records by government agencies.

Archives Act 1957

Governs the preservation of and access to historical public records.

Delegated Legislation

Laws made by a person or body to whom Parliament has delegated law-making power.

Regulations Review Committee

A parliamentary committee that examines delegated legislation to ensure it complies with legal and constitutional principles.

Standing Orders

The rules that govern the conduct of business in the New Zealand Parliament.

Cabinet Manual

A guide to the operation of the executive branch of government in New Zealand.

What entities are covered by the Official Information Act (OIA)?

Covers most governmental bodies, ministers, and publicly funded entities.

What is the purpose of the Official Information Act (OIA)?

To enhance public access to official information, encouraging greater engagement in governmental operations.

How should agencies handle Official Information Act (OIA) requests?

Agencies should act swiftly (typically within 20 working days) and aid applicants if their requests lack clarity.

What role does the Ombudsman play in the OIA?

Reviews OIA decisions to ensure they are fair and compliant.

What types of inquiries exist?

Vary in scope from departmental reviews to Royal Commissions, based on the issues' severity and breadth.

How is an inquiry established?

Typically initiated by the government when there's significant public concern or a need for detailed investigation.

What is the role of Counsel assisting an Inquiry?

Gathers evidence, questions witnesses, and presents comprehensive information to the inquiry.

How are witnesses protected during an inquiry?

Includes measures like confidentiality and, in some instances, immunity from prosecution.

How are the findings of an inquiry reported?

Inquiries issue reports with conclusions and recommendations, which are then presented in Parliament and released to the public.

What is the impact of inquiry recommendations?

Can influence changes in laws, policies, or administrative practices, although governmental implementation isn't guaranteed.