The bill is a 273-page omnibus one which will overhaul New Zealand’s workplace health and safety system, replacing the Health and Safety in Employment Act 1992 and the Machinery Act 1950.
The Law Society has advised the Minister that Schedule 2A attempts to remove the power of the courts to review a determination that certain information is ‘classified security information’." blah blah blah.....
“Trustee de son tort”Removing rights contrary to the fiduciary duty to protect! Here we go again, this reeks of self-interest.
Perhaps the law society should chase politicians with demands for fiduciary legislation and the removal of crown immunity. Without fiduciary legislation, nearly all activism is futile because politicians aren’t accountable in law. I would suggest this is the cause of most problems as it relates to the lack of controls over idiots in power.
Latimer House Rule - VI) Ethical Governance?
“Ministers, Members of Parliament, judicial officers and public office holders in each jurisdiction should respectively develop, adopt and periodically review appropriate guidelines for ethical conduct. These should address the issue of conflict of interest, whether actual or perceived, with a view to enhancing transparency, accountability and public confidence.”
Professor Paul Finn underlined, “the most fundamental fiduciary relationship in our society is manifestly that which exists between the community (the people) and the state, its agencies and [[officials]. "
I’m sure we all agree with Finn’s truism on that; therefore it stands to reason that a politician's fiduciary obligations not only comprise duties of good faith and loyalty, but include duties of skill and competence in managing a country and its people who have conferred power to them for that task and no other.
This would suggest that anyone accepting political and government control over the interests of people require moral obligations of the highest responsibility and trust. Their conduct should be judged by the most exacting fiduciary standards because of their ability to harm people by a misuse of that power which appears abolish fundamental rights to access justice.
Politicians must be reminded they are burdened with the fiduciary duty to protect the principal’s rights because they the government would benefit from the exercise of its own discretion in breach of their fiduciary duty when they extinguish those rights which it alone had the power to dispose of.
I suggest we go after their immunity; chase them down with fiduciary legislation; that will remind them they are trustees, not dictators.