From the Chief Ombudsman 

Tēnā koutou katoa

The Oversight of the Oranga Tamariki System and Children’s and Young People’s Commission Bill was introduced on November 11 and has now had its first reading.

This legislation seeks to strengthen the role of the Ombudsman in overseeing complaints and investigations relating to Oranga Tamariki and children and young people in care.

My focus will include complaints about the Ministry’s approved providers, as well as other government agencies that provide services relating to the care of children.

While the final shape of the bill will be determined by Parliament, I have been preparing by creating a dedicated team to assist me in investigating and resolving complaints about children in care. I am also working to enhance my monitoring and systemic resolution and investigation role in this area. 

I have a programme to raise the cultural competency of my staff and to develop trauma-informed practices that promote a culture of empowerment, safety, and healing.

My aim is to develop a simple and accessible way for tamariki, rangatahi and their whānau, to come to me with their concerns and to make complaints.

Over 2020/21, I received 232 complaints about Oranga Tamariki, and a further 294 other contacts. This is a significant 80 percent increase in complaints, as well as a 14 percent increase in other contacts, over the course of a single year.

Last year, I published my report A Matter of Urgency / He Take Kōhukihuki. This was a systemic investigation of the Ministry’s removal of newborn pēpi.

I made 32 comprehensive recommendations to ensure better outcomes of pēpi and their whānau. The Ministry accepted all recommendations and have been reporting to me quarterly on how they are being implemented.

I will look forward to the bill’s progress through the House so that we may all do our very best for our children and young people.
 

Chief Ombudsman Peter Boshier has launched a broad investigation into the Managed Isolation and Quarantine booking system after receiving hundreds of complaints.
Peter Boshier says he has identified some common themes in about 200 complaints relating to the Managed Isolation and Quarantine (MIQ) booking system.

Many of the complaints come from people who are having difficulties around the world obtaining vouchers for places in managed isolation or have concerns about the booking system overall.

“The complaints fit into four broad categories – they claim the allocation system is unlawful, unfit for purpose, unfair, and poorly managed. I have decided to do my own independent investigation into them all,” Peter Boshier says.

“One of the specific complaints is that disabled people are being disadvantaged. I have concerns about whether the online booking system is accessible and whether suitable alternatives are being offered for those who have difficulty using this digital platform.”

Ombudsman launches investigation into MIQ booking system

2020-2021 Annual Report and Strategic Intentions 2021-2026 published

Chief Ombudsman Peter Boshier has published the 2020/2021 Annual Report and Strategic Intentions for 2021-2026.

The Annual Report details the Ombudsman’s work over the past year against the backdrop of the COVID-19 pandemic.

Ombudsman’s 2020-2021 Annual Report published


 

Growing international role

Chief Ombudsman Peter Boshier spoke at the 2021 International Conference on Human Rights Development, hosted by the Taiwan National Human Rights Commission, on November 24.

Due to the time difference, Peter Boshier provided a pre-recorded video presentation on Human Rights in New Zealand: An Ombudsman’s perspective. 

About 200 national and international delegates attended the conference online and in person. Other presenters included Australia’s Human Rights Commissioner Anne Hollonds and Czech human rights lawyer Pavel Doubek.


Mr Boshier’s role as president of the Australasian Pacific Ombudsman Region recently extended more internationally, with the Chief Ombudsman being designated the role of Vice-Chair for the International Ombudsman Institute (IOI) United Nations Working Group. The Working Group is forging closer working relationships with the UN to promote, protect and enhance the important role of Ombudsmen. This work builds on the recently revised UN Resolution on the role of the Ombudsman. In May 2022, circumstances permitting, the IOI Board will meet with the UN in New York to discuss matters of mutual interest.

Disability rights 

Peter Boshier has established a panel of experts to advise him on the growing disability work in the office. The first meeting was held on November 18.

The purpose of the panel, which will meet quarterly, is to ensure that the Chief Ombudsman has access to timely and high-quality expert advice from New Zealanders with lived experience of disability, reflecting the mantra of the disability rights movement: ‘nothing about us, without us’.

Māori engagement

Pūhara Mana Tangata, the Chief Ombudsman’s Māori panel on matters te ao Māori and te Tiriti has now been in operation for two years and has made a demonstrable difference to the approach the office takes to engagement and other issues involving Māori.

Chief Ombudsman Peter Boshier has welcomed onto the board Wellington lawyer Tai Ahu. Sadly, panel member and Te Atiawa elder Neville Baker, passed away recently after a short illness.

Chief Ombudsman Peter Boshier says it is concerning that awareness of the Official Information Act and Local Government Official Information and Meetings Act has declined for the second year in a row. September 28 was International Right to Know Day, and Mr Boshier says it is more important than ever that people know how to access official information and have the confidence and the tools to do that.
Mr Boshier also published a Brief Guide for Media, a new guide for journalists and other requesters on how to make the most of the OIA and LGOIMA process.

Use your right to know: Chief Ombudsman 

Requesting official information - a brief guide for media 

A UMR poll commissioned by the Chief Ombudsman has found 45 per cent of respondents declared awareness of the Official Information Act (OIA) and Local Government Official Information and Meetings Act (LGOIMA). This was down 5 percentage points on 2020 and 15 points on 2019.

Research: Access to government information (2021) 

Case notes and opinions

Opinion on Taihape Area School’s complaint over its farm

Chief Ombudsman Peter Boshier recommended the Ministry of Education apologise to the Taihape Area School community and board of trustees over its handling of a farm that was bought by the former Taihape College and local community.

Final opinion on Taihape Area School’s complaint over its farm 

Decision by public transport operator not to reimburse charges 

A complainant who was unable to board an Auckland Transport public transport service within AT’s 30-minute transfer period incurred extra charges. AT declined to provide a refund. The Chief Ombudsman concluded AT’s policy was not unreasonable.
Decision by public transport operator not to reimburse charges incurred due to unavailability of public transport services 

Misunderstanding led to a decision to refuse to issue a Code Compliance Certificate

Inquiries by the Ombudsman led to a decision by Rotorua Lakes District Council to reverse a decision to decline to issue a Code Compliance Certificate for a solid fuel heater and apologise to the complainant.

Misunderstanding that led to decision to refuse to issue a Code Compliance Certificate 

Request for Ministry of Health Legal opinion

Southern Health and Disability Ethics Committee agreed to release a summary after a complaint by Middlemore Clinical Trials researchers whose study application was declined. The Ministry of Health declined to release a Health Legal opinion relied on by the committee when making its decision. The Chief Ombudsman was satisfied the opinion was subject to privilege but noted a strong public interest in knowing the reasons for decisions. The Health and Disability Ethics Committee agreed to prepare and release a detailed summary of the considerations it took into account in making its decision and this adequately addressed the countervailing public interest considerations.

Request for Ministry of Health Legal Opinion 


Request for information on Budget bid around cochlear implants

An MP requested costing information and analysis for an unsuccessful Budget bid to increase the number of cochlear implants. The 2020 bid was then resubmitted for the 2021 Budget process. The Associate Health Minister released some documents but withheld others.
The Chief Ombudsman’s opinion was that the Minister had good reason at the time under section 9(2)(f)(iv) of the OIA to withhold most, but not all, of the information relating to the unsuccessful 2020 Budget bid.

Request for information concerning increase in number of cochlear implants