Matthews won’t get compo
Former Auditor-General Martin Matthews will not be compensated for losing his job in 2017 even though a parliamentary committee reviewing his case has recognised many flaws in the sacking process.
Matthews had petitioned the Officers of Parliament select committee for compensation, a resolution for regret by Parliament, and a report from the Ministry of Justice on ways to prevent a repeat incident involving one of the major constitutional watch-dog roles in government.
His backers believed the committee that sacked him was badly advised by the solicitor-general on the limited grounds for removing an auditor-general. They also argued Matthews was not given the chance to defend his position.
But the select committee has resolved not to reopen the case. It has recommended that the re- moval of any independent parliamentary office holder should only be made with the support of any independent adviser.
“We . . . are unable to support Mr Matthews’ request for an apology, reimbursement, compensation or damages,” the committee said in its report. “We accept that the processes undertaken by the Officers of Parliament committees in both the 51st and present Parliaments are unusual. As a result, we recommend that the Government review the empowering legislation for all Officers of Parliament.”
The committee’s predecessor body had appointed Matthews as Auditor-General in late 2016, only to initiate — at his request — an inquiry into his appointment six months later. He had been Ministry of Transport CEO when staffer Joanne Harris stole more than $700,000 from taxpayers. Harris’ sentencing in early 2017 showed that ministry rules hadn’t been followed and some staff had tried to raise concerns with Matthews. A review by Maarten Wevers found Matthews had not acted early enough and downplayed what he had known of the frauds when interviewed for his later role.
After viewing Matthews’ rebuttal of Wevers’ report, the committee in August 2017 said Matthews had lost Parliament’s confidence and should resign, or his removal would be recommended. Under the Public Audit Act 2001, an Auditor-General, or his or her deputy, can only be removed from the role for disability affecting the performance of their duties, bankruptcy, neglect of duty, or misconduct.
In March, former Supreme Court judge and former Law Commission president Kenneth Keith said the Crown Law Office advice that a loss of confidence was grounds for removal was simply wrong.