67. Are there provisions for conflict of interests for candidates and/or elected officials?
New Zealand
The Register (see question 68 below) makes me believe transparency is the main provision in play against conflicts of interest. This is also reflected in Appendix B to the Standing Orders in the Parliamentary Rules (see https://www.parliament.nz/en/pb/parliamentary-rules/standing-orders-2017-by-chapter/appendix-b-pecuniary-and-other-specified-interests/#_Toc490063219). The Standing Orders seem to contain no other relevant provisions on point. However, it seems as though they used to. In 2007, the Speaker of the Parliament made reference to Standing Orders on point: “In New Zealand there have long been rules requiring members to declare any financial interest that they have in any item of business before participating in its consideration by the House (Standing Orders 165-167). There have been Speakers’ Rulings defining the position since the 19th Century. Ministers’ pecuniary interests came to be addressed in a systematic manner before those of members generally. In response to an instance involving a Minister, an ad hoc select committee, the Ministers’ Private Interests Committee, was established by the House in 1956 to inquire into and report on the principles that should be observed by Ministers in the arrangement of their private interests while holding office under the Crown. These guidelines [2] were replaced in 1990 by new ones announced by the Prime Minister and they were incorporated into the Cabinet Manual. There have been extensive provisions spelling out Ministers’ public duty and covering such matters as identifying and managing conflicts of interest, constituency interests, the interests of family, whānau and personal friends, association with non-public bodies, gifts, and outside activities. There has also been reference to dealing with conflicts of interest in relation to House business. A Member of Parliament (Pecuniary Interests) Bill was introduced by the Leader of the House in October 2003. The Standing Orders Committee, to whom the bill was referred, recommended, however, that the bill not proceed but that its provisions, with amendments, instead be incorporated into the Standing Orders. Following that option meant that a majority of the Standing Orders Committee could then support adoption of the provisions. Under the Standing Orders adopted in August 2005 all members are required to register pecuniary interests on an annual basis. There are 13 categories, ranging from controlling interests in companies to gifts and payments for activities. A registrar is appointed to provide advice to members and to compile a summary of returns, which is published on a website and in booklet form and presented to the House. Copies of the returns are given to the Controller and Auditor-General for review and inquiry. Requirements for formal disclosure of pecuniary interests can form a significant part of, or have a complementary association with, a code of conduct. But while the New Zealand Parliament has adopted procedures requiring members to make an annual return of pecuniary interests, it has not so far chosen to adopt a code of conduct that contains other elements.” https://www.parliament.nz/en/visit-and-learn/how-parliament-works/office-of-the-speaker/speeches-pre-2013/document/48Speakspeech130720071/a-code-of-conduct-for-members-of-parliament-is-the-time
There are miscellaneous provisions, such as the following two, in the Speaker’s Orders:
1. “Transfer of questions—transfer procedure: …4 A member cannot insist on a particular Minister dealing with a question. The matters addressed in the question as originally lodged were not ones where only one Minister could be expected to have personal knowledge of thesubject. However, there should be clarity because of ministerial responsibility. Although the Government may make changes because of conflicts of interest, it does make the situation more complex for members lodging questions. Ideally, such changes should be rare, arising only from real and significant conflicts of interest. Where they do occur, it would be helpful to members if the Government were to ensure members are officially informed. 2007, Vol. 644, p. 13397. Wilson.” Page 154 of the Speaker’s Rulings. https://www.parliament.nz/media/4500/speakers-rulings-2017-final-pdf-version.pdf
2. “Ministerial responsibility—pecuniary interests … 3 Individual Ministers are not responsible for the Register of Pecuniary Interests. That is a thing that members of Parliament are required to comply with. However, Ministers are responsible for their management of conflicts of interest, and where there is a potential conflict of interest with theMinister’s portfolio interests, then there is a legitimate ground for questioning. 2010, Vol. 665, p. 12842. Smith. 2014, Vol. 698, p. 17737. Carter.” Page 157 of the Speaker’s Rulings: https://www.parliament.nz/media/4500/speakers-rulings-2017-final-pdf-version.pdf
My review of this issue is not entirely complete, however. Searching for “conflicts of interest” on the NZ Parliament’s website, I found 3,991 entries on point. https://www.parliament.nz/en/site-search?term=%22conflicts+of+interest%22§ions_bills-and-laws=on§ions_select-committees=on§ions_hansard-debates=on§ions_daily-progress-in-the-house=on§ions_journals-of-the-house=on§ions_order-paper-questions=on§ions_papers-presented=on§ions_petitions=on§ions_parliamentary-rules=on§ions_research-papers=on§ions_mps-and-electorates=on&all=&exact=&any=¬=&occur=
Yes, but they don't seem to be binding.