Review of Statutory Decision-Makers' Powers,
Procedures and Authorities:
Developing a Framework for Earlier Solutions, Faster Justice
The vision of the Ministry of Justice is a civil justice system where citizens can solve their problems simply, quickly and affordably, achieving earlier solutions and faster justice in all aspects of the justice system. As part of the ministry's efforts to achieve that vision, a review was taken of the powers, procedures and authorities that statutory decision-makers (SDMs) can or should use to make fair and just decisions.
SDMs are officials within government that apply laws and policies to make decisions in individual cases, typically about licenses, permits, benefits or other entitlements. Their decisions can have a significant impact on individuals, businesses and the public, so they need to be fair and just for both those directly affected and the wider public. These decisions — and the powers, procedures and authorities used to make them — are a critical component of an effective justice system.
Fair and just decisions by SDMs can mean fewer appeals to a tribunal or court, provide earlier solutions and faster justice and save time and expense. For these reasons, it is essential that SDM procedures, processes and authorities to make decisions are clear, consistent, accessible and proportionate to the nature and impact of their decisions.
The review included research, consulations and recommendations to ensure SDMs have appropriate and proportionate powers, procedures and authorities to make fair and just decisions within their respective mandates. The project:
- developed a catalogue of all SDMs across government ministries;
- issued a series of discussion papers related to these powers, processes and authorities;
- consulted with ministries, their SDMs and the public, as appropriate; and
- developed recommendations, including possible systemic legislation.
The public were encouraged to express ideas, comments or opinions on the issues identified in the following discussion papers or any other issues respecting SDM powers, procedures and authorities.
