Finance and Expenditure Committee’s Inquiry into climate adaptation

This submission was made to the Finance and Expenditure Committee on 13 June 2024.

Finance and Expenditure Committee’s Inquiry into climate adaptation

Thank you for the opportunity to provide a submission on the Finance and Expenditure Committee’s Inquiry into climate adaptation (Inquiry). The Inquiry’s purpose is to develop and recommend high-level objectives and principles for the design of a climate change adaptation model for New Zealand. I understand that these objectives and principles are intended to support policy development and any resulting legislation.

Much of my work involves dealing with complaints from people about how a government agency’s particular act or decision has affected them.[1] An Ombudsman’s investigative powers include assessing the reasonableness, fairness, and legality of individual decisions, recommendations or omissions made by a government agency (whether that be central or local government).

My comments are intended to encourage the Committee to consider how it might foster good-decision making by government when designing an adaptation model, drawing from my report on extreme weather events that occurred in 2023 as well as highlighting obligations under the United Nations Convention on the Rights of Persons with Disabilities (Disability Convention).[2]

Insights and observations from extreme weather events in 2023

Last year, I published my Insights and Observations report on extreme weather events that occurred in 2023.[3]

In the context of disaster preparedness, response, and recovery, I said in my Insights and Observations report that it was critical for public trust and confidence that government agencies:

1. Have effective and appropriate processes in place to hear and consider people’s needs and concerns.
2. Have effective and accessible communication mechanisms.
3. Have effective and appropriate processes in place to listen to those most at risk of being disproportionately impacted and take action.
4. Have effective and transparent decision-making processes.
5. Provide people with the reasons for and the information about decisions that affect them.
6. Have systems and processes that support fair and equitable outcomes.
7. Have robust, clear and easily accessible internal complaints and review mechanisms.
8. Provide people with official information when they request it (unless there is good reason not to).
9. Consider what information can or should be released proactively, and in accessible formats.
10. Act consistently with Te Tiriti o Waitangi and tikanga.[4]
11. Meet obligations under relevant international conventions to which New Zealand is a party, including the Disability Convention.

I consider that these factors can also assist with the Committee’s consideration of high-level objectives and principles for an adaptation model. While I understand that adaptation actions can take many forms and that an adaptation model may not necessarily focus on managed or community-based retreat,[5] I noted in my Observations and Insights report that:

1. I heard a lot of concerns about how long it took before government was able to provide details about home categorisations and buy-outs (post-event).
2. I heard about people’s frustrations with the lack of information from councils about when final decisions would be made, and what they would be offered. Many people were concerned that they would not receive a fair price for their properties – whether for remedial works or buy-outs.
3. There were also questions about whether council decisions could be reviewed and how this would happen.

These concerns are also likely to arise in respect of an adaptation model, particularly in respect of providing clear and accessible information to people, people being able to participate in the decision-making process, the decision-making process being accessible and transparent together with the reasons for a decision,[6] and ensuring appropriate internal complaints and review mechanisms are provided for. Emphasising the importance of these factors would go towards addressing one of the questions posed by the Committee relating to ensuring a durable, affordable and fair approach to adaptation. 

In my Observations and Insights report I also noted that these events disproportionately impacted tangata whenua across the North Island, and that hapū, iwi, and Māori organisations were often at the forefront of response and recovery activities. I noted there is much the country could learn from hapū, iwi, and Māori organisations with respect to emergency preparation and response. Good decision-making by government includes acting consistently with Te Tiriti o Waitangi / Treaty of Waitangi[7] and tikanga. I strongly encourage the Committee to include hapū, iwi and Māori organisation perspectives, principles, and practices to help inform good decision-making in the climate adaptation context.[8] Any adaptation plans should be developed collaboratively and tested with the community – namely, those who will be affected by the plans.

Disability Convention and access to information

I would also like to emphasise the importance of New Zealand’s obligations under the Disability Convention. One in four New Zealanders is disabled.[9] As an inclusive society, it is important that our disabled communities are actively involved in adaptation planning to help ensure their safety and wellbeing. Article 4(3) of the Disability Convention describes the obligations of governments to consult and actively involve disabled people through representative organisations.

The Independent Monitoring Mechanism (IMM) for the Disability Convention published a report in 2021 called Making Disability Rights Real in a Pandemic, Te Whakatinana i ngā Tika Hauātanga i te wā o te Urutā, regarding disabled New Zealanders’ experiences of the COVID-19 emergency. The report details where the Government did well, and where improvements were needed.[10] The IMM considered that full participation of disabled people in government decision-making is necessary to improve planning for future humanitarian emergencies and creative positive outcomes for disabled people.

Barriers continue to exist for disabled people to freely communicate and access information independently in New Zealand. COVID-19 highlighted the importance of ensuring that disabled people can (among other things) access consistent, accurate, and timely information and communications.[11] A key finding in the IMM’s 2021 report was that disabled people often experienced delays receiving accessible information and communications. Robust and accessible information is key to ensure all people (not only disabled people) can understand how and why decisions that affect them are made, and ensure they can participate effectively in those proposed decisions.

Concluding remarks

I trust that these experience and considerations will be helpful for the Committee’s Inquiry.

If the Committee ultimately proposes a new entity or entities as a result of this Inquiry, I would appreciate being consulted during the policy development phase (in due course), in accordance with the Legislation Design and Advisory Committee’s 2021 guidelines.[12] These guidelines (among other things) provide that all public bodies should be subject to the Ombudsmen Act 1975, the Public Audit Act 2001, the Public Records Act 2005, and the Official Information Act 1982 (or the Local Government Official Information and Meetings Act 1987).

Please let me know if I can be of any further assistance to the Committee.

Nāku noa, nā

Peter Boshier
Chief Ombudsman

Footnotes

[1] The Ombudsman can also start an own-motion investigation into wider systemic issues where they see the need. Return to text

[2] The Ombudsman is part of New Zealand’s Independent Monitoring Mechanism under the UN Convention on the Rights of Persons with Disabilities, overseeing the treatment of disabled people by government agencies. Return to text

[3] Insights and Observations: The Chief Ombudsman’s report on extreme weather events 2023. I note that this report was not the result of an Ombudsman’s investigation. Return to text

[4] When I investigate public sector agencies, I may, where appropriate to do so, look at how they have considered Te Tiriti o Waitangi / Treaty of Waitangi and tikanga in their decision-making. Return to text

[5] The previous Environment Committee’s inquiry into climate adaptation (initiated in August 2023) made available the following information to submitters: the Report of the Expert Working Group on Managed Retreat: A Proposed System for Te Hekenga Rauora/Planned Relocation, and a paper prepared by the Ministry for the Environment: Community-led retreat and adaptation funding: Issues and options paper. This Inquiry must take into account previous submissions received by the Environment Committee (as provided in the Inquiry’s terms of reference). Return to text

[6] My work following the Canterbury earthquakes highlighted such concerns with the decisions being made (often complex decisions). Return to text

[7] I acknowledge that there are two texts with different meanings. Return to text

[8] I note that a recent follow-up report from the Controller and Auditor-General regarding Regional councils’ relationships with iwi and hapū for freshwater management made similar points related to decision-making in the freshwater management context. Return to text

[9] Office for Disability Issues – Key facts about disability in New Zealand. Return to text

[10] Making Disability Rights Real in a Pandemic, Te Whakatinana i ngā Tika Hauātanga i te wā o te Urutā. Return to text

[11] From page 40. These related to four areas: access to digital information and communicates, accessible information formats, relevance and consistency of information and communications, and facilitation of communication. Return to text

[12] Legislation Design and Advisory Committee, Legislation Guidelines, 2021 Edition. Return to text