Posted by: transparencynz | December 6, 2015

NZ ratifies UN Convention Against Corruption

At  Last  NZ ratifies UN Convention Against Corruption  but  is this  an empty gesture or  will  corruption be dealt with seriously and not just  concealed  like it has been in the past  ?  Time will tell  .

We fear that  it will be  business as usual  in the Axminster   system operated in  NZ where corruption is habitually swept under the carpet.

News of the ratification  received  virtually no publicity at all instead we had a video and an article of  a South Auckland man finding a  live caterpillar in supermarket salad bag.   Those of us who  have grown up with  fresh vegetables know that this  a possibility   if you don’t like   bugs in your food  go for GE  .

So   what are we going to do  now that the necessary law changes have been made  are we  going to ignore them and continue to allow the courts to   silence those   who have asked lawyers to  act according to law ? ( more on that later ) .

We are still asking questions with regards to   the former crown law  lawyer  who is now acting in a situation of conflict of interest by turning a blind eye to  the corruption of the animal welfare institute  of New Zealand  a fictional organisation which was given wide law enforcement  powers   because no one checked.

And transparent International New Zealand  what  are you going to  do?  provide more  statistics  to show  how well we do  while  ignoring the elephant in the room ? we must keep the perception alive  imagine if people were   to  embrace reality ?  Disaster !

More to come   in the mean time here are some links   so that you can investigate what the  ratification of the UN convention against corruption   should  mean .

The United Nations Convention against Corruption (UNCAC) is a multilateral convention negotiated by members of the United Nations. It is the first global legally binding international anticorruptioninstrument.

read about the convention  here

Text of the United Nations Convention against Corruption EnglishUNCAC English

STATUS AS AT : 05-12-2015 07:03:18 EDT
CHAPTER XVIII
PENAL MATTERS
New York, 31 October 2003
Entry into force
:
14 December 2005, in accordance with article 68(1).
Registration :
14 December 2005, No. 42146
Status :
Signatories : 140. Parties : 178
Text :
United Nations, Treaty Series, vol. 2349, p. 41; Doc. A/58/422.
Note :
The Convention was adopted by the General Assembly of the United Nations on 31 October 2003 at United Nations Headquarters in New York. It shall be open to all States for signature from 9 to 11 December 2003 in Merida, Mexico, and thereafter at United Nations Headquarters in New York until 9 December 2005, in accordance with article 67 (1) of the Convention. The Convention shall also be open for signature by regional economic integration organizations provided that at least one member State of such organization has signed this Convention in accordance with its article 67 (2).
New Zealand 8 10 Dec 2003  1 Dec 2015
8.Upon ratification, the Government of New Zealand notified the Secretary-General of the following:
“… consistent with the constitutional status of Tokelau and taking into account the commitment of the Government of New Zealand to the development of self-government for Tokelau through an act of self-determination under the Charter of the United Nations, [the ratification by New Zealand of this Convention] shall not extend to Tokelau unless and until a Declaration to this effect is lodged by the Government of New Zealand with the Depositary on the basis of appropriate consultation with that territory…”

The United Nations Convention against Corruption (from this link)

The United Nations Convention Against Corruption (external link) requires countries to take action in both the public and private sector to prevent corruption.

New Zealand signed the convention in 2003. It creates:

  • arrangements to strengthen international co-operation
  • arrangements to prevent the transfer of funds obtained through corruption
  • ways of monitoring a country’s compliance with the convention.

The convention requires countries to criminalise corrupt behaviour such as:

  • bribery and embezzlement of public funds
  • trading in influence
  • concealment and laundering of the proceeds of corruption.

When dealing with the proceeds of corruption, a country must be able to trace, freeze, seize and confiscate those proceeds.

New Zealand is compliant with most of the convention’s provisions.  The Ministry of Justice is working on the final necessary steps to bring New Zealand into full compliance.

Beehive

Law  society 

Transparency International 

United Nations Convention against Corruption Tools and Publications:
Rules of Procedure for the Conference of the States Parties to the United Nations Convention against Corruption

Rules of Procedure

UNCAC Legislative Guides

Legislative Guide

UNCAC Technical Guides

Technical Guide

Travaux Préparatoires of the negotiations for the elaboration of the United Nations Convention against Corruption

Resource Guide on Strengthening Judicial Integrity and Capacity

Self-assessment of the implementation of the United Nations Convention against Corruption

 


Responses

  1. The impact of the Neil Wells drama for West Auckland is that the same pattern of operating still continues. None of our large expenditures are projects that are tendered, costed and outsourced. They go into trusts with a group of trustees that include, west auckland politicians, coucnil staff/contractors, local MP’s issues assistants, and a handful of trusted people picked by those in power. When the conflicts of interest are hidden (eg they’ve taken there conflict off the charitable company website, off the council website, off their conflicts of interest” the elected person votes to give that organisation a partnering contract. But the person is still a trustee on the charities website. So it appears they have just hidden the conflict. Auditor choses not to investigate. Co Chair of Communit Waitakere and Ecomatters is David Kenkel. Catharina Kenkel was (until a month ago) the Mayors advisor on local initiatives, and ex – auditor generals office local government auditor. So Yeah…………I guess they think it’s all ok. This is hard out communism when the government controls everything – The decisions but also the contracts and money and communications (multiple websites with party aligned messages) that come from these trusts. So over it. I feel sad for West Auckland and sad, it’s been a real eye opener and changed the way I feel about who NZ is as a country. There really is no watchdog or whistleblowing authority willing to act.


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