Outcomes - Selected Case Summaries
Categories
Confusion over appeals hearing
Investigation | 30 September 2022
Planning Appeals Tribunal
The Office of the Ombudsman closed a complaint in 2022 which involved an appeal application before the Planning Appeals Tribunal (PAT) which had remained undecided for more than 11 months, leading to a claim of unreasonable delay.
The investigation of the complaint found that the Ministry of Planning had a current policy on how to appeal decisions of the Central Planning Authority (CPA) to the PAT, but no guidance in respect to professional licences governed by other appointed bodies that might be appealed to the PAT.
The Ombudsman found maladministration in both the delay in hearing the appeal and in the lack of process and/or policies in addressing such a situation.
Several recommendations were made to the Ministry as a result of this investigation, including:
- The pending appeal before the PAT should be heard within 30 calendar days
- That the PAT and/or the Ministry update policies regarding appeals
- That support is given to amending the Electricity Act to clarify the appeals process
- That the PAT or Ministry provide a written apology to the complainant for the delays
In 2023, following Ombudsman office work with the relevant authorities, it was found all outstanding recommendations had been followed and a final closing letter was sent to the Ministry chief officer.