It's the law: legal aspects of plain English in New Zealand
New Zealand statutes in Plain English
Relevant New Zealand laws
Code of Conduct for State Services (New Zealand)
Plain English legislation in other countries
Working towards Plain English legislation for New Zealand
New Zealand statutes in Plain English
Plain English is routinely used in new and revised New Zealand statutes, thanks to determined efforts by the Parliamentary Counsel Office and the Law Commission. That's an extraordinary achievement, because the law is obviously a complex and challenging type of communication. If it's possible for statutes to be written clearly, there's no excuse for other confusing messages from Government.
Relevant New Zealand laws
Numerous New Zealand laws and covenants imply that plain English is vital in government communications, for reasons of equity, democracy and safety.
Consumer Guarantees Act 1993
Human Rights Act 1993
Health and Disability Services (Safety) Act 2001
Health and Safety in Employment Act 1992
Local Government Act 2002
War Pensions Act 1954
Article 19 of the International Covenant on Civil and Political Rights (ICCPR)
2. Everyone shall have the right to freedom of expression; this right shall include freedom to seek, receive and impart information and ideas of all kinds, regardless of frontiers, either orally, in writing or in print, in the form of art, or through any other media of his choice.
Our Bill of Rights s14:
Everyone has the right to freedom of expression, including the freedom to seek, receive , and impart information and opinions of any kind in any form.
Code of Conduct for State Services (New Zealand)
The Standards of Integrity and Conduct are a short, simple code of conduct in plain English. In summary the code says, We must be fair, impartial, responsible, and trustworthy.
Four standards imply that government communications should be understandable by everyone, not just people with PhDs.
- State servants must treat everyone fairly and with respect
It is not fair or respectful to publish important public information in a style that a majority of people cannot understand. For example, consider an application form that is badly written and hard to understand. Many people will abandon their attempt to apply for a benefit, and fail to get the state support they are entitled to. - State servants must work to make government services accessible and effective
When public information about services is impenetrable, those services are certainly not accessible to citizens. Nor are the messages effective in informing the public about services. - State servants must work to improve the performance and efficiency of their organisation
Gobbledygook wastes time and money. Plain English saves time and money. Again, consider that badly written application form. Many people will phone for help (and waste staff time), or complete the form incorrectly (and waste staff time). - State servants must be honest
When information is written in a complex, obscure style, people often suspect an intention to deceive. Being honest is not enough: state communications must be clear and comprehensible.
Plain English legislation in other countries
The Plain Language in Government Communications Bill (2008)
Clear, simple, logical, fair and enforceable. This bill was passed by the House of Representatives in April 2008, by an overwhelming majority of 376:1. Senators Barack Obama and Hillary Clinton were among the co-sponsors of a similar bill before Senate, which stalled before the U.S. elections in November 2008.
More about U.S. plain language legislation on the Contented blog
Many U.S. states have passed legislation requiring certain information (for example, consumer information, insurance policies and information about getting benefits) to be written in plain language, for example New York, Connecticut, Maryland, Florida, Minnesota, Arizona, Washington State, Massachusetts and California.
Sweden has had plain language legislation for 30 years.
Working towards Plain English legislation for New Zealand
We have drafted a Bill, which we hope will be acceptable to you and to Parliament. Please send your comments. Next we intend to write a white paper that explains the need for plain English legislation. Eventually we will lobby Parliament, with your support. Watch this space!
All offers of help gratefully received!