Creating a system of appeal, review, and complaint
This is a single section from Chapter 25. Read the full chapter here.
Will decisions taken under the legislation be subject to a complaint to other statutory office holders or commissioners?
Existing commissioners and other specialist statutory office holders should have jurisdiction in respect of decisions relevant to their specialist areas.
A range of statutory office holders are empowered to investigate complaints relating to specific fields. Examples include the Commerce Commission, the Privacy Commissioner, the Health and Disability Commissioner, the Human Rights Commissioner, and the Electricity Authority. The scope of their powers differs. Some hold significant investigative and enforcement powers and have the ability to bring court proceedings, while others are empowered to investigate complaints and attempt to resolve them without recourse to the courts.
Good reasons for not relying on an existing body might include the fact that the body lacks the necessary powers, independence or governance arrangements to properly address the issue. Also, the new powers or jurisdiction granted may conflict with the existing functions of the body. If consideration is being given to extending the jurisdiction of an existing body, that body should be consulted at an early stage.