What we do

Functions

These functions are drawn from the Environment Act 1986 (S.16), and the Commissioner has wide discretion to exercise them. They include:

• Review the system of agencies and processes set up by the Government to manage the country's resources, and report to the House of Representatives
• Investigate the effectiveness of environmental planning and management by public authorities, and advise them on remedial action
• Investigate any matter where the environment may be or has been adversely affected, advise on preventative measures or remedial action, and report to the House
• Report, on a request from the House or any select committee, on any petition, Bill, or any other matter which may have a significant effect on the environment
• Inquire, on the direction of the House, into any matter that has had or may have a substantial and damaging effect on the environment
• Undertake and encourage the collection and dissemination of information about the environment
• Encourage preventive measures and remedial actions to protect the environment.

Strategic direction

Many of the reports and investigations on this website reflect the work priorities identified in Future Focus, our strategic plan for 2003-07 (download 1.4 MB PDF file). That plan focuses on three broad areas:

1. Ecosystems at risk including:

• coastal seas (including estuaries)
• rural lowlands, particulary agricultural impacts on land and freshwater
• urban environments, with a focus on land use planning, mobility, and water management

2. Legislation and policies that impact on environmental sustainability, including:

• adapting to climate change
• energy, and particularly electricity
• using economic instruments to produce good environmental outcomes
• marine and coastal legislation
• Resource Management Act outcomes
• transport strategies

3. The performance of public authorities in meeting their environmental responsibilities:

• local government capacities
• how central government agencies help advance sustainability
• the links across central government agencies.

Powers

The Commissioner has wide powers to investigate and report on any matter where, in her opinion, the environment may be, or has been, adversely affected. Parliament or any parliamentary select committee may also ask her to report on environmental matters.

The Environment Act 1986 outlines her functions and provides for powers including:

• obtaining information
• summoning people and examining them under oath
• protecting sources of information and maintaining confidentiality
• employing staff and consultants.

The Commissioner also has wide powers to report findings and make recommendations. However, she does not have the power to make any binding rulings and nor can she reverse decisions made by public authorities.

The acceptance and effectiveness of the PCE's advice depends to a large degree on the independence, integrity, and quality of the investigations undertaken by the office.

Origins

The PCE was set up under the Environment Act 1986. Its roots lay in the 1980s reform of this country's environmental administration following a 1981 OECD report, Environmental Policies in New Zealand. This report recommended changes including strengthening the environmental advice to government, and establishing an environmental body with a separate audit and oversight function.

Widespread public consultation took place on the changes which were foreshadowed in the New Zealand Labour Party's 1984 election manifesto. This was a time of growing awareness of humanity's impact on the Earth's ability to sustain life.

New Zealand had had a Commission for the Environment, a government agency under the Minister for the Environment, since 1972. Until 1986, its job had included auditing the environmental impacts of proposed Crown developments. In setting up the office of the PCE and giving the Commissioner statutory independence, this audit role was retained and strengthened.

The Commissioner's brief was to review and report directly to Parliament on the whole public sector system of environmental management. This ability to critically examine the policy decisions of executive government was unique in the world for almost a decade after the PCE's establishment.

Also set up in the 1980s were the Ministry for the Environment (again under the Environment Act 1986), and the Department of Conservation under the Conservation Act 1987. The Resource Management Act in 1991 continued the reforms.

Much of the history around the establishment of the PCE is outlined in David Young's book Keeper of the Long View, which was published in March 2007 as part of the PCE's 20th anniversary celebrations.

The first person appointed as Parliamentary Commissioner for the Environment was Helen Hughes, who served from 1987 to 1996. The second Commissioner, Dr J. Morgan Williams, was appointed in 1996 and took office in January 1997.

Dr Williams also served 10 years in the position and retired in March 2007. Dr Jan Wright was sworn in as the new Commissioner on 5 March 2007.

A number of other countries have also established environmental commissioners with statutory backing. These include the Australian Capital Territory, the Netherlands, Ontario, and the Federal Government in Canada.