Principles of natural justice
A fair process must be followed when making decisions that impact the rights, obligations, and interests of others.
This involves applying the principles of natural justice.
In New Zealand, these principles are protected in section 27 of the Bill of Rights Act 1990open_in_new.
What are the principles of natural justice?
The fundamental principles of natural justice are that any affected person is allowed to be heard and that the decision-makers are unbiased.
Applying these principles when your board makes decisions will reduce the risk of actual or perceived bias (or predetermination).
One way to ensure that board decisions are made without bias is for board members to declare any real or perceived conflicts of interest.
Your board should also maintain a conflict-of-interest register.
Regulation 15 of the Education (School Board) Regulations 2020open_in_new outlines when board members must declare a conflict of interest because of a real or perceived bias.
Typically, this would be if any board member, their close family member, or friend could benefit from a particular outcome financially or in any other way.
How do you apply the principles of natural justice to any decision-making process?
First and foremost, any process should ensure that all decision-makers keep an open mind and remain open to all perspectives until they hear from everyone.
Anyone with a declared conflict of interest should be excluded from any discussion or decision-making process relating to that interest. This information should be recorded in your board’s minutes.
Everyone has the right to a “fair and impartial determination”, regardless of how they may raise their concern or complaint.
Therefore, you should ensure the following:
Transparency
- Anyone dealing with the concern or complaint clearly understands what the concern or complaint is about. Check with the complainant to ensure that you understand the details.
- Everyone clearly understands the decision-making process and who is delegated responsibility for making decisions.
- Anyone receiving a concern or complaint knows who made it. This helps contextualise the issue and personalise the response.
Right to respond
- Anyone directly involved is given the chance to respond fully to any allegations. This includes being allowed to ask clarifying questions and to seek an understanding of potential responses.
Fairness
- Decisions are based on relevant information and evidence, not unsubstantiated information or hearsay.
Right to representation
- All parties have a right to legal representation, an advocate, or support person(s) in meetings.
Tikanga
- The process upholds the school’s special character, local agreed tikanga, or other cultural norms.
- The process supports everyone’s confidentiality, privacy, dignity, and mana.
Right to review
- Everyone directly involved can see the draft outcome, comment on any errors of fact, and respond to any findings on the matters raised before a final decision is made.
- Everyone involved understands the reasons for all decisions or actions taken to resolve the issues, especially if there are employment implications or adverse effects on a person or group.
- If you dismiss a complaint, always provide evidence for your decision.
- Everyone knows they have the right to complain, ask for a review, or appeal. Your policy or process should outline how or where they can.
Questions your board could ask
- Do we understand and apply the principles of natural justice to our processes?
- Do we have the right policies and processes to help us get things right? How do we know?
Templates, resources, and references.
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Office of the Ombudsman
Education (School Board) Regulations 2020
Bill of Rights Act 1990