1 Introduction
This paper shows how the concept of subsidiarity can be applied in the New Zealand debate on the form of government, domestically and in the trans-Tasman context.
The Concise Oxford Dictionary defines subsidiarity as “the principle that a central authority should have a subsidiary function, performing only those tasks which cannot be performed at a more local level.”
This definition can be recast as being the process of determining “at what level of governance decision-making should be carried out” (Claridge and Box, 2001, p4) which can be local, regional national or trans-national. This approach allows for explicit upward or downward allocation of functions.
In summary, subsidiarity can be seen as being about making sure that decisions are taken at the most appropriate level; for example by those most directly affected, by those best informed and by those best placed to deal with any consequences. This leaves unresolved, of course, the highly subjective issue of what is “appropriate”.
The paper begins in Part 2 by attempting to identify standard criteria that can be used in the application of subsidiarity.
It then moves on to review in Parts 3 and 4 how the concept has been reflected in overseas experience, focusing on the EU where the term has achieved greatest prominence, the US where constitutional constraints on government have been explored to the greatest degree and Australia, where the principles behind the concept of subsidiarity are of direct relevance to the increasing network of trans-Tasman governmental relationships.
Part 5 then looks at implications for governmental structures within New Zealand, with concluding remarks in Part 6.
