Peter Boshier Photo: RNZ /Dom Thomas
He is a decade younger than the current president of the United States, but the chief ombudsman is being forced to resign because he is, according to the law, too old to do the job anymore.
Peter Boshier turns 72 this week, and last week handed in his notice.
"The law is that I must resign from office upon reaching the age of 72," Boshier said in a statement. "As such, I advised the Speaker of my resignation last week."
Geoff Pearman is the founder of consulting business Partners in Change and consults on age and work. He told Checkpoint on Tuesday he was not surprised by Boshier's retirement, because it was simply the law.
"Judges, coroners, community judges also need to retire at the age of 70, and can have it extended to 72. So it seems to be something that's particular to the judiciary," said.
"I don't agree with it at all. Like, I'm not a lawyer, but I would be asking whether it's in contravention of the Human Rights Act and New Zealand Bill of Rights. And it seems rather ironic that it's actually Parliament and the legal profession who are having something that apparently appears discriminatory still in place after all this time."
The Ombudsman Act 1975 section 5c states: "Any Ombudsman may at any time resign his office by writing addressed to the Speaker of the House of Representatives, or to the Prime Minister if there is no Speaker or the Speaker is absent from New Zealand, and (except in the case of an Ombudsman appointed under section 8) shall so resign his office on attaining the age of 72 years."
Section 8 refers to temporary appointments. Boshier has been in the role since 2015, having been reappointed for a second five-year term in 2020.
Pearman said the apparent discrimination was not just of its time either.
"Parliament also had a look at judges as recent as 2016. In preparation for this interview I went back and had a look at Hansard, and there was very little discussion about it being discriminatory - it was just about, what age should we make it?
"So, you know, it is a curiosity to me as to why Parliament would continue to tolerate it when there's a good number of politicians themselves over the age of 72."
The oldest member of Parliament at present is Deputy Prime Minister Winston Peters, who - under the rules faced by judges and the ombudsman - would have been forced to retire before the 2017 election.
Pearman said there was no reason to force people to retire, particularly if they were still doing a good job.
"Plot what happens to judges who do retire, and the number who are brought back to lead commissions of inquiry, to the royal commissions and continue to contribute. So there is a clear recognition that they… haven't lost their marbles. They're still able to apply logic, they're still able to apply the law, and they're still able to reach sound judgments.
"So I'm rather mystified by this… but I think it is a legacy of history that no one has ever questioned."
If people do start showing signs that age is catching up with them, treat it on a case-by-case basis as a health concern, Pearman said - not age.
"If someone is not performing and maybe if they are becoming - have early onset, and maybe they are mentally impaired, you deal with that as a health issue. You don't deal with it as an age issue."
