Photo: VNP/Louis Collins
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.
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."
MFAT chief executive John Allen has ordered an inquiry. Photo: RNZ / Diego Opatowski
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.
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