Leadership Accountability Law
Introduction: The credibility of politicians and the functioning of the government is at an all-time low. Many of us have experienced a sense of frustration and helplessness as we witness our political elite dictating their agenda to us.
Even when their actions are negligent or illegal, the lack of accountability leaves us with limited options for recourse, exacerbating the severity of the situation.
The complete lack of responsibility has played a significant role in the decline of New Zealand, emphasising the urgent need for immediate and comprehensive reform. Simply voting for another political party or charismatic leader is insufficient to address the deep-rooted flaws in our democracy and governance, especially when it comes to the crucial issue of accountability. Despite attempts at transparency through reviews and consultations, these processes are often predetermined or influenced by powerful interest groups, further undermining public trust.
The proposed legislation would give the Leadership Accountability Court (LAC) the power to order a rectification notice within 30 days if a decision is unsound. Those who obstruct the LAC's efforts could face dismissal or even arrest.
By weeding out bad actors and holding decision-makers accountable, the LAC would help attract better-quality public servants and candidates for public office.
The 4th Hand Project is a grassroots movement aimed at effecting change by flooding existing political parties with new or existing members demanding they urgently implement new leadership accountability laws. This will provide us all a fighting chance to obtain truth and accountability from public officials who are supposed to work for the collective good.
Currently, the government has no department tasked with evaluating the decisions made by those exercising the power of the state, and the lack of accountability has contributed to the decline of the country.
It is critical for people to have a practical and effective way to hold those involved in state decisions accountable for their actions.
The proposed Leadership Accountability Court (LAC) will be an independent court that can process complaints against politicians, judges, local council and public servant actors, members of the media, and government employees, holding them responsible for unreasonable, unethical, unfair, or wrong actions.
The LAC aims to ensure that government employees act in the best interests of citizens and improve the functioning of government while minimising disruptions to daily life.
In the current adversarial system, those in public office are often able to stall or refuse to answer complaints. This allows bad actors to learn how to manipulate the system for their own benefit, rising to the top and delivering little value to those they are supposed to serve.
True democracy would surely allow people the easy ability to obtain accountability and transparency from those in power, and to question their actions to ensure fairness and justice.
Proposed Procedure
1. A citizen who is aggrieved with the action or inaction of a Responsible Person over which the Court has jurisdiction can make a complaint to the Leadership Accountability Court (LAC) for a hearing.
2. In order to make such a complaint, [three] experts in a relevant field must provide written approval that the action or inaction complained about is prima facie unreasonable, unethical, inequitable or unconscionable .
3. On receipt of the [three] written approvals, the LAC must schedule a hearing at the first available time. There is no discretion to reject the application.
4. The hearings will be presided over by a qualified single LAC Judge, salaried and appointed by the government, who need not be a lawyer. LAC Judges will be government officials, and their own decisions subject to the jurisdiction of the Leadership Accountability Court .
5. All hearings will be virtual. Evidence and expert opinion shall be heard virtually. Juries will sit and deliberate virtually.
6. Jurors will be selected from a randomly generated pool from the electoral register, who shall then pass a basic assessment to qualify them for the LAC jury pool.
7. Parties may be represented at hearings, or may represent themselves. Legal aid will be provided if required.
8. If the relevant official chooses not to attend the hearing or be represented, the jury may draw an adverse conclusion from such a lack of cooperation, although this is not a presumption of proof of the complaint.
9. There will be 11 members of a LAC jury. Verdicts will be by simple majority, and may only be “proved” or “unproved”. Neither juries nor LAC Judges will be empowered to award damages to the complainant.
10. The function of the Leadership Accountability Judge will mainly be administrative. The judge may not make any summary of the facts of the case to the jury, but shall remind the jury of the burden of proof on the complainant (balance of probabilities) and explain the concept of unreasonable, unethical, inequitable or unconscionable conduct to the jury. The judge may make no indication to the jury of his/her opinion on whether the burden of proof has been satisfied by the complainant.
11. If the jury finds the complaint proved, the LAC Judge will make an order that the relevant individual address the inequity within 30 days. The LAC Judge has no discretion to make any other order. If the inequity is not addressed within 30 days to the satisfaction of the complainant, acting reasonably, the complainant may return to the Court and, unless contested, the LAC Judge must make an order requiring the government/employer to dismiss the relevant Responsible Person. If contested, the same jury will be re-empanelled to decide, on the balance of probabilities, if the proved complaint has been addressed by the official. If the jury, by simple majority, decides that the complaint has not been addressed, the LAC Judge will make a dismissal order. The LAC Judge will have no discretion to make any other order.
12. There shall be no appeal from the decision of the jury or the order of a LAC Judge. Refusal to obey a dismissal order of a LAC Judge will be treated as contempt of court and result in immediate arrest and imprisonment until the dismissal order is complied with.
How to get Accountability from a system that refuses to change?
Whether through the establishment of a new political party or by convincing existing political parties and their members to outvote the ignorant old guard to make the 4th Hand Project official party policy will ensure its a short step into law so we can all be protected from idiots in power. The 4th Hand Movement is committed to advancing robust accountability measures to uphold our democratic principles, as well as safeguarding our sovereignty, developing a competitive advantage and promoting a unified nation governed by a consistent set of laws that hold all individuals, particularly those in positions of power, accountable. There is no reason to excuse any tax paid leader from laws that regulate non government persons. Opportunistic self interest exploitation of public assets and power are a continuing risk for every community.
We also propose implementing a system that holds public officials accountable for their actions or inactions that contribute to corruption. This could include the imposition of financial penalties and incarceration for individuals who knowingly or negligently ignore complaints about corrupt practices. This would serve as a powerful deterrent against corruption and send a clear message that such behaviour will not be tolerated in our society.
Why hold the media accountable?
People need to know the facts in order to make informed decisions. In the past 40 years the media now referred to as ‘the corporate media’ has shifted from publishing unbiased information to publishing often false or misleading propaganda in an attempt to manipulate the public narrative for some hidden agenda.
In what ways can you offer assistance?
By spreading the word about the 4th Hand Movement, you are actively contributing to the modernisation of our democracy. You have the power to use this tool to promote change and create a better future for our nation. It is crucial that we engage in conversations with our fellow New Zealanders and emphasise that the government is a trust structure owned by all of us. Therefore, it is our collective responsibility to establish the rules and regulations that govern our society. Let us work together to promote accountability in government and pave the way for a stronger, more responsive democracy.
The need for implementing leadership accountability laws is urgent and critical for the survival of our nation. The current state of governance has resulted in extremely serious problems and it is imperative that we all act now to prevent further deterioration. It is our responsibility to raise awareness about this issue and demand immediate action from those in power. The future of our country is at stake and we cannot afford to delay any longer. We must come together and work towards building a government that is accountable and responsive to the needs of the people.
The 4th Hand Project - The People's “Hand” on Government Power
Modernising Democracy - New Zealand 2023
Start at 4m22s it explains everything that’s been destroying our society.
https://m.youtube.com/watch?fbclid=IwAR3Hx0aWGo3lVvLBcvn9Q64Z9MJjsNJ2oLdAFMOr6jSjvriZkh13JYtJ3l0&v=rBZ6-Rvuaa4&feature=youtu.be
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