Perhaps this is why the NZ Law Commission says this........
http://www.lawcom.govt.nz/sites/default/files/publications/2008/01/Publication_131_385_IP6_Tribunals_in_NZ.pdf5.36 a difficulty arises here in that occupational regulatory and disciplinary bodies are
often funded by the relevant industry, which may adversely affect perceptions of
their independence. However, this funding is necessary. We suggest that it may be
acceptable for these bodies to be funded through mechanisms such as licensing fees
and industry levies provided that they are independent from industry associations
and other purely industry groups, and that other mechanisms are in place to
safeguard their independence. For example, in its recent review of the real estate
agents act 1976, the Ministry of Justice suggested that the body responsible for
licensing and disciplinary matters ought to be “independent from the industry,”
meaning that the real estate institute of New Zealand should not be able to exercise
control over it. This body would be constituted as a separate body that would be
required to report annually to Parliament. Finally, it was seen as important for
public perceptions of independence that the Minister of Justice should appoint
members, rather than the industry appointing the members.337 We note that these
recommendations arose in a context of public concern about the real estate industry.
However, we suggest that the underlying principles reflect a wider trend towards
greater independence for occupational bodies, and that the recommendations can
be considered as an example of best practice in any event.
5.37 The majority of bodies within our study which regulate and discipline
occupational groups do enjoy a degree of independence from the occupation
itself. although many are funded by industry levies and the like, they are
frequently established as Crown entities or bodies corporate, so are independent
from their industry representative body. For example, the New Zealand Teachers
Council is an autonomous Crown entity, and is funded through a government
grant and registration fees. similarly, the registration and disciplinary system
for social workers is run through the social Workers registration board, which
may impose a levy on members for the purposes of discipline under the act.338
The Chartered Professional engineers Council is a body corporate under the
oversight of the department of building and Housing, and is funded
336 see, eg, Ministry of Justice The Government’s Preferred Options for Reform of the Real Estate Agents Act
1976: Public Consultation Document (Wellington, 2007). a new real estate agents bill was introduced
on 3 december 2007.
337 Ministry of Justice The Government’s Preferred Options for Reform of the Real Estate Agents Act 1976:
Public Consultation Document (Wellington, 2007). a new real estate agents bill was introduced on
3 december 2007.
338 social Workers registration act 2003 s 109.
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