Alien Species.vp - IUCN

3. Day to day decisions may be assigned to non-elected officials or appointed committees.
Again, the decisions must be in accordance with the legislation, and are subject to review
by appeal authorities and/or the courts.
Involving the public in decision-making
Because decisions involve making choices on behalf of society, and because the results of those
decisions affect societal and private interests, it often will be appropriate to allow public input
to significant decisions.
The New Zealand courts have established principles for consultation processes, including
being open to new ideas, encouraging participation, giving those being consulted adequate
information to allow them to effectively participate, allowing enough time for the public to
respond, and providing feedback on decisions. Processes for public input need to be carefully
designed to:
■ allow effective participation by the public;
■ prevent inappropriate influence on the decision-maker;
■ ensure that the decision-maker does not take into account irrelevant matters;
■ ensure that the decision remains with the correct decision-maker and that the decisionmaker
remains accountable to the right people;
■ allow the decision-maker to distinguish between real and perceived risks;
■ increase public confidence in the decisions;
■ ensure that costs (including delays) are not unnecessarily increased by the inclusion of
the public process.
New Zealand approaches public involvement in several ways. First, legislation increasingly
sets out very clearly and in considerable detail the process by which decisions are to be made,
who is to make the decision, and what matters are relevant considerations for that decision. Any
deviation from these statutory requirements would be likely to result in the High Court ruling
the decision invalid.
Second, processes are in place to make decisions transparent. The basis for the decision
should be clearly set out in writing (e.g., in a report by officials to the Minister or local authority
hearing committee). All documents considered are (with minor exceptions) available to the
public under the official information legislation. The nature and reasons for the decision must
be clearly stated.
Finally, the legislation also makes clear who may have input into the decision (who has
standing), and what process will be used for allowing that input. In addition, New Zealand has a
strong community ethic opposing any forms of corruption, and the public actively use these
mechanisms to scrutinise and challenge decisions. As a result, corruption in decision-making is
almost completely absent.
Public input is provided in two main ways. First, legislation often requires the decisionmaker
to operate a specific public process, specifying the way the decision-maker must
advertise the fact that the decision is to be made; which directly affected parties must be
notified; that written submissions from affected parties are to be accepted; and that if any
submitter wishes to be heard, a public hearing must be held. In addition, submitters may appeal
the decision if they are dissatisfied with the way their submission was addressed.
Second, New Zealand has many quasi-autonomous non-governmental organisations
(quangos), appointed by a Minister. The appointees may be selected from public nominations,
or from nominations by particular interest groups specified in the relevant legislation. The body
will have certain rights to inquire into matters of public interest, and to give advice to the
Minister and/or other bodies. They provide an alternative method for the public to influence the
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Human dimensions of invasive alien species