Royal Commission of Inquiry

The Royal Commission of Inquiry into Auckland governance delivered its recommendations to central Government a few days before the deadline of March 31, 2009.

Subsequently the Government responded on April 7, 2009. See our pleased response on the home page of this site.

Background:

The Government established a Royal Commission of Inquiry into Auckland, on October 30, 2007.

Minister of Local Government Mark Burton said the Commission will examine and report on what local and regional governance arrangements are required for the Auckland region over the foreseeable future.

The Commission provides the opportunity for a broader and independent assessment of what is needed to achieve Auckland's potential to be a truly internationally competitive place to live, work and do business, he said.

"Ensuring Auckland's future as an internationally competitive city and region is key to this Government's high priority of transforming New Zealand into an economically successful and sustainable nation," Mr Burton said.

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a) How a Royal Commission of Inquiry works 

A Royal Commission is the New Zealand Government's most formal investigative mechanism to study matters other than crime that are outside normal Parliamentary or political agencies.

It is usually set up for the purpose of obtaining as public, as accurate and as impartial an investigation as possible.

It deals with matters of national importance and is responsible to the Crown. 

It ascertains facts or clarifies principles with a view to determining whether Government action is necessary and, if so, what that should be.

Commissioners will be appointed in due course under the Commissions of Inquiry Act 1908, and their work is conducted according to this law, limited to the terms of their warrant of appointment.  The number and nature of Commissioners can vary, but they tend not to be politically active.  Depending on the complexity involved it is usual to have a legally trained person on board. 

Commissioners have the advantage of being seen to be much more independent and objective than in a Commission of Inquiry - a factor that needs to be considered when making appointments. 

b) Commission members

The three Commissioners named on October 30, 2007, are (profiles provided by the Government):
1.  Honourable Peter Salmon QC:

• Chair of the Royal Commission; retired High Court Judge with a wealth of experience in environmental and resource management law;
• a founding member, as well as the first president, of the Resource Management Law Association and practises as an arbitrator and mediator and in other areas of dispute resolution;
• appointed to the United Nations Panel of Arbitrators in 2004.

2.    Dame Margaret Bazley:

• has extensive experience in the public service, including being a former Secretary of Transport, former Chief Executive of the Ministry of Social Policy and Director-General of Social Welfare;
• appointed Chairperson of the New Zealand Fire Service Commission in 1999;
• recently served as the Commissioner on the Commission of Inquiry into Police Conduct;
• member of the Waitangi Tribunal.

3.      David Shand:

• has vast international finance experience, working for both the World Bank and the International Monetary Fund, and has worked with the OECD on public sector reform issues;
• has held a number of senior positions in state and federal government in Australia;
• chaired the recently completed (2007) Local Government Rates Inquiry.
   

c) Powers of a Royal Commission 

The output of a Royal Commission doesn't have to be implemented but it would be a brave government that would ignore this issue: fixing Auckland. 

Parliament has, by the Commissions of Inquiry Act of 1908, specifically empowered Royal Commissions to have the power of a Magistrate in the course of a hearing, including particularly the power to command persons to attend before it and to produce such documents as it requires, and to fine for failure to so appear. Moreover the same Act protects each member of a Royal Commission from proceedings against him for anything he might say or report bona fide in the discharge of his duties.

Public consultation will begin once the Inquiry has produced background papers on Auckland issues. This consultation is likely to include public hearings and hui where people can have their say, by arrangement; and the opportunity for people to write submissions on the issues.

d) Setting the terms of reference

They align with the Fix Auckland terms nicely, and in summary are as follows:

They direct the Commissioners to inquire into and report upon the local government arrangements (including institutions, mechanisms and processes) that are required in the Auckland region over the foreseeable future in order to maximise, in a cost effective manner:

• the current and future well-being of the region and its communities; and
• the Auckland region's contribution to wider national objectives and outcomes.

The terms of reference require the Commissioners, in carrying out their inquiry, to consult with the public in a way that allows people to express clearly their views on issues related to local government arrangements for the Auckland region.
In addition, Commissioners must adopt procedures that will encourage people to express their views and must consult and engage with Maori in a manner that specifically provides for their needs.

The Auckland region is defined as the geographic area within the jurisdiction of the existing Auckland Regional Council (ARC).

The full terms can be read here:
http://www.beehive.govt.nz/Documents/Files/ACFF29.pdf

Our Fix Auckland campaign suggests the following 12 terms of reference for conducting the inquiry:

1. In considering Auckland's local government, we do not need to copy some other place in the world.
2. Put the 'local involvement' back into 'local government' in respect of community amenities. This enables community involvement so people feel they can influence decisions that impact on their lives. It encourages effective citizenship, with more people taking responsibility for their communities. 
3. Ensure the big issues are dealt with by a single elected body of representatives, eg, transport, water, waste, regulatory/RMA obligations, regional facilities and parks, and economic development for the region. For example, the One Auckland regional council and government transport agencies would appoint the board of the new Auckland Regional Transport Agency (ARTA).
4. Make regional decisions at a regional level and local decisions at a local level.
5. Facilitate strong and clear leadership.
6. Ensure the local governance structure is capable of building an internationally competitive city-region.
7. Provide good alignment between national, regional and local strategies.
8. Provide simple, clear lines of responsibility and accountability to the public for outcomes. Clearly define roles for representatives at the regional level and local community level.
9. Ensure the new Auckland council does not compete with central government on issues that are the responsibility of central government.
10. Achieve cost efficiency and effectiveness. Reduce operating costs by 10%.
11. Achieve better value for the rating dollar and the taxpayers? contribution to things like public transport.
12. Achieve a structure for Auckland local governance that lasts long into the future.

e) The Royal Commission on Auckland Governance was granted an extension of its reporting date until 31 March 2009.

“The workload created by the submissions, hearings, and research processes has been greater than expected,” then Prime Minister Helen Clark said.

The Royal Commission received over 3500 submissions, and conducted hearings for 27 days in nine locations throughout Auckland.

It commissioned an extensive programme of research, held five hui with Maori in the region, workshops with Pacific and ethnic communities, and had numerous informal consultations with individuals and organisations.

“The Commissioners have also travelled to Brisbane and Melbourne, and plan further overseas travel in order to study large city governance structures and to meet international experts.

“Auckland governance is a complex jigsaw. The Commission has undertaken a significant task and intends to obtain expert and peer reviews for aspects of its report, so it is not surprising that further time will be needed,” Helen Clark said.

The Royal Commission was originally required to report on 1 December 2008.

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