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NRT: Unconstitutional and dangerous

Written By: - Date published: 10:29 am, February 15th, 2013 - 8 comments
Categories: education, national, schools - Tags: ,

From I/S at No Right Turn:


Unconstitutional and dangerous

That’s the Ombudsman’s view of National’s plan to exclude its charter schools from the Ombudsman’s and Official Information Acts:

The bill exempts partnership schools from the Ombudsman’s Act and the Official Information Act, but Dame Beverley Wakem told the select committee that is unconstitutional.

Dame Beverley said the acts ensure that state-funded agencies are accountable and people have a fundamental right to the complaints process provided by the Office of the Ombudsman.

The full submission is here [PDF]. It makes the simple point that state-funded agencies with statutory powers are covered by both acts to ensure accountability and transparency. Its good enough for National’s private prisons, and its good enough for schools as well. In addition, they point out that the Ombudsman has had an important role in ensuring schools provide a safe physical environment for their students (particularly around bullying), and in ensuring that they follow the rules around suspension and exclusion. Ousting their jurisdiction would prevent them from fulfilling those roles – allowing such schools to be dangerous and lawless.

Charter schools will be taking public money and exercising statutory powers. They should therefore be subject to the full constitutional safeguards around such activities. We should not permit National to carve out a secret realm beyond the reach of the law in the education system for its cronies.

8 comments on “NRT: Unconstitutional and dangerous”

  1. Craig Glen viper 1

    So firstly children who go to one of these schools have less prptection then on top of that they have the cheek to suggest less accountability when the schools are getting tax payer funding.

    The oppsition need to be all over this!

    • saarbo 1.1

      I suspect that the fact that the opposition is not “all over this” is the reason that National continues to push dodgy policies such as this.

  2. I find the idea of having my taxes pay for something that is not transparently accountable to my watchdogs unacceptable. I cannot see why these schools are put ino the same unaccountable bucket as something like current defense operations.

  3. Afewknowthetruth 3

    NZ doesn’t have a Constitution.

    And if it did, our illustrious leaders would say: “It’s just a piece of paper.” (As George Bush said,, as he began the trashing of the Constitution that Obama has put onto hyper-drive)

    • Roflcopter 3.1

      Actually, we do have a constitution, it’s just not a written one.,,, more a collection of a whole load of Acts loosely described as a constitution.

  4. Aww 4

    *slightly off topic*
    I recently complained to the Human Rights Commission regarding a government agency. If I want to obtain compensation for this breach of human rights I need to attempt mediation (according to the Human Rights helpful 0800 line person). Actually I just want it resolved asap.

    The HRC just wrote to me saying that they forwarded my concerns (with my consent) to the head office to see if they will agree to mediation (IF they agree??) – so apparently it is the government agencies choice if I can have my human rights upheld WTF??! Probably I can sort of force them to mediation by filing proceedings and letting the court then shoot down the claim by referring us back to mediation but this is surely a huge waste of money and I can’t afford a lawyer/legal aid for what should be a simple issue to fix.

    Yea, so much for the watchdogs. Woof, bloody woof woof.

    • QoT 4.1

      I don’t know the details of your complaint, obviously, but in general it totally annoys me how “mediation” is the answer to everything. Some basic rights are not topics for let’s-hear-both-sides conversations, they’re basic fucking rights and whoever’s infringing on them should just fucking stop.

    • handle 4.2

      The Ombudsman is more forceful and effective than the HRC, which is why only one of them has spoken up about charter schools being removed from official oversight.

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    4 days ago
  • Lessons from the Future of Work Commission: Building Wealth from the Ground Up
    Good morning, and thank you for attending today’s Future of Work Seminar here in Wellington. I want to particularly acknowledge Beth Houston who has spent many hours pulling together the programme for today’s event, and to Olivier and the staff ...
    4 days ago
  • Cooking 4 Change at the Auckland City Mission
    On Tuesday evening I participated in the launch of the ‘Cooking 4 Change’ recipe book, which Metiria and I both contributed our favourite recipes to. Along with Dick Frizzell, Trelise Cooper, Tiki Taane, Erin Simpson, Jono & Ben, Colin Mathura-Jeffree, a couple ...
    GreensBy James Shaw
    5 days ago
  • Cooking 4 Change at the Auckland City Mission
    On Tuesday evening I participated in the launch of the ‘Cooking 4 Change’ recipe book, which Metiria and I both contributed our favourite recipes to. Along with Dick Frizzell, Trelise Cooper, Tiki Taane, Erin Simpson, Jono & Ben, Colin Mathura-Jeffree, a couple ...
    GreensBy James Shaw
    5 days ago
  • Backbencher Matt’s Bill is a Doocey
    The latest National Member’s Bill pulled from the ballot is yet another waste of Parliament’s time and shows the Government’s contempt for the House and the public with much more important issues needing debate, says Labour’s Shadow Leader of the ...
    5 days ago
  • Gun laws creaking under the strain
     Questions have to be asked  after surprising revelations at the Law and Order Select Committee about the police and their ability to manage the gun problem in New Zealand, says Labour’s Police spokesperson Stuart Nash.  “The lack of resources is ...
    5 days ago
  • Most homeless are working poor – Otago Uni
    The finding by Otago University researcher Dr Kate Amore that most homeless people are in work or study is one of the most shocking aspects of the housing crisis, says Labour’s Housing spokesperson Phil Twyford. “Social service agencies report many ...
    5 days ago
  • Māori seats entrenched by Tirikatene Bill
    National and the Māori Party need to support my member’s Bill which is designed to entrench the Māori electorate seats in Parliament, Labour’s Te Tai Tonga MP Rino Tirikatene says. “Under the Electoral Act the provisions establishing the general electorates ...
    5 days ago
  • Trade dumping bill could hurt NZ industries
    The Commerce Select Committee is currently hearing submissions on the Trade (Anti-dumping and Countervailing Duties) Amendment Bill. This bill worries me. I flagged some major concerns during its first reading.   I am now reading submissions from NZ Steel, ...
    GreensBy Mojo Mathers
    6 days ago
  • Just 8 per cent of work visas for skills shortages
    Just 16,000 – or 8 per cent – of the 209,000 work visas issued last year were for occupations for which there is an identified skills shortage, says Labour Immigration spokesperson Iain Lees-Galloway. “The overwhelming majority of the record number ...
    6 days ago
  • Hard won agreement shouldn’t be thrown away
    The Government should ignore talk across the Tasman about doing away with the labelling of GM free products, says Labour’s Health spokesperson Annette King. “Labelling of genetically modified products was a hard won agreement in 2001 by Australian and the ...
    6 days ago
  • National’s privatisation Trojan horse
     The National government is using the need to modernise the school system as a Trojan horse for privatisation and an end to free public education as we know it, Labour’s Education spokesperson Chris Hipkins says.  “There is no doubt that ...
    6 days ago
  • Shameless land-banking ads show need for crackdown
    The fact that more than 300 sections are shamelessly being advertised on Trade Me as land-banking opportunities during a housing crisis shows the need for a crackdown on property speculators, Leader of the Opposition Andrew Little says. “Of the 328 ...
    6 days ago
  • Standard and Poor’s warning of housing crisis impact on banks
    The National Government’s failure to address the housing crisis is leading to dire warnings from ratings agency Standard and Poor’s about the impact on the strength of the economy and New Zealand banks, says Labour’s Finance spokesperson Grant Robertson. “Standard ...
    6 days ago
  • Ihumatao needs action not sympathy
    The Petition of Save Our Unique Landscape (SOUL) calling on Parliament to revoke Special Housing Area 62 in order to protect the Ihumatao Peninsula and Stonefields, has fallen on deaf ears, says the Labour MP for Mangere Su’a William Sio.  ...
    6 days ago
  • Another delay to justice system reform for victims of sexual violence
    I believe most, if not all, New Zealanders would expect our court system to uphold the dignity of complainants, hold perpetrators to account for crimes including sexual and domestic violence and uphold the crucial right to a fair trial. Yet ...
    GreensBy Jan Logie
    6 days ago
  • Another delay to justice system reform for victims of sexual violence
    I believe most, if not all, New Zealanders would expect our court system to uphold the dignity of complainants, hold perpetrators to account for crimes including sexual and domestic violence and uphold the crucial right to a fair trial. Yet ...
    GreensBy Jan Logie
    6 days ago
  • Student visa fraud & exploitation must stop
    The Government must act immediately to end fraud and exploitation of international students that threatens to damage New Zealand’s reputation, Leader of the Opposition Andrew Little says. ...
    7 days ago
  • Government needs to show leadership in reviewing monetary policy
    The Reserve Bank’s struggles to meet its inflation target, the rising exchange rate and the continued housing crisis shows current monetary policy needs to be reviewed - with amendments to the policy targets agreement a bare minimum, says Labour’s Finance ...
    7 days ago
  • Local democracy under threat
    The National Government is in the process of gutting our local democracy through it’s Local Government Act 2002 Amendment Bill (No 2). We’ve been hearing submissions from councils, and a few community members, all around the country who are deeply ...
    GreensBy Jan Logie
    1 week ago
  • Local democracy under threat
    The National Government is in the process of gutting our local democracy through it’s Local Government Act 2002 Amendment Bill (No 2). We’ve been hearing submissions from councils, and a few community members, all around the country who are deeply ...
    GreensBy Jan Logie
    1 week ago
  • Slash and burn of special education support
    Slashing the support for school age children with special needs is no way to fund earlier intervention, Labour’s Education Spokesperson Chris Hipkins says.  “National’s latest plan to slash funding for children with special needs over the age of 7 in ...
    1 week ago
  • National’s Pasifika MPs must have free vote
      Pacific people will not take kindly to the Government whipping their Pacific MPs to vote in favour of a  Bill that will allow Sunday trading  at Easter, says Labour’s Pacific Island Affairs spokesperson Su’a William Sio.  “We are seeing ...
    1 week ago
  • Maritime Crimes Bill – balancing security and free speech
    Parliament is currently considering the Maritime Crimes Amendment Bill, which would bring New Zealand up to date with current international rules about maritime security. The debate around the Bill reflects two valid issues: legitimate counter-terrorism measures and the right to ...
    GreensBy Kennedy Graham
    2 weeks ago
  • Rio Olympics captioning – setting the record straight
    In the House on Thursday, my colleague, Labour Party spokesperson on Disability Issues, Poto Williams asked a great question. After which the Minister, Nicky Wagner, stood up and finally publicly acknowledged the National Foundation for the Deaf for funding the ...
    GreensBy Mojo Mathers
    2 weeks ago
  • Rio Olympics captioning – setting the record straight
    In the House on Thursday, my colleague, Labour Party spokesperson on Disability Issues, Poto Williams asked a great question. After which the Minister, Nicky Wagner, stood up and finally publicly acknowledged the National Foundation for the Deaf for funding the ...
    GreensBy Mojo Mathers
    2 weeks ago
  • Teachers’ low wages at the centre of shortages
      Figures that show teachers’ wages have grown the slowest of all occupations is at the heart of the current teacher shortage, says Labour’s Education Spokesperson Chris Hipkins.  In the latest Labour Cost Index, education professionals saw their wages grow ...
    2 weeks ago
  • Government’s Tax Law undermines common law principles
    A tax amendment being snuck in under the radar allows changes to tax issues to be driven through by the Government without Parliamentary scrutiny, says Labour’s Revenue spokesman Stuart Nash. “The amendment allows any part of the Tax Administration Act ...
    2 weeks ago
  • Government slippery about caption funding
      The Government has refused to apologise for taking the credit for funding Olympic Games captioning when the National Foundation for the Deaf  was responsible, says Labour’s spokesperson on Disability Issues Poto Williams.  “This shameful act of grandstanding by Ministers ...
    2 weeks ago
  • Default KiwiSaver investments should be reviewed
    The investments of the default KiwiSaver providers should be reviewed to make sure they are in line with New Zealanders’ values and expectations, says Labour’s Finance spokesperson Grant Robertson. “Most New Zealanders would be appalled that their KiwiSaver funds are ...
    2 weeks ago
  • New ministry should look after all children
    The Government has today shunned well founded pleas by experts not to call its new agency the Ministry for Vulnerable Children, Labour’s Spokesperson for Children Jacinda Ardern says.  “Well respected organisations and individuals such as Children's Commissioner Judge Andrew Becroft ...
    2 weeks ago
  • Triclosan – nasty chemical will be reassessed
    Last week my campaign for this chemical to be reassessed by the Environmental Protection Authority (EPA) took another step forward. After many months of waiting, the EPA have agreed that triclosan needs to be reassessed. Triclosan is an ingredient in many ...
    GreensBy Catherine Delahunty
    2 weeks ago
  • Triclosan – nasty chemical will be reassessed
    Last week my campaign for this chemical to be reassessed by the Environmental Protection Authority (EPA) took another step forward. After many months of waiting, the EPA have agreed that triclosan needs to be reassessed. Triclosan is an ingredient in many ...
    GreensBy Catherine Delahunty
    2 weeks ago
  • Ratification okay but we need action
    Today’s decision to ratify the Paris agreement on Climate Change by the end of the year is all well and good but where is the plan, says Labour’s Climate Change spokesperson Megan Woods.  “The Government’s failure to plan is planning ...
    2 weeks ago
  • Stats changes can’t hide unemployment reality
    Today’s minor drop in unemployment numbers is nothing to celebrate given the changes made to the official numbers that cut thousands of people looking for work out of the jobless rate, says Labour’s Employment spokesperson Grant Robertson. “Making any comparisons ...
    2 weeks ago

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