Draft:Regulatory Standards Bill
The Regulatory Standards Bill is a proposed government bill in New Zealand that seeks to improve the quality of legislation based on the principles of good law-making and economic efficiency. Public consultation on the proposed aims and contents of the Bill occurred between 19 November 2024 and 13 January 2025.[1] The Regulatory Standards Bill is part of ACT's coalition agreement with the National Party.[2] The proposed bill has been opposed by the Environmental Defence Society, Māori group "Toitū te Tiriti" and University of Auckland emeritus Professor Jane Kelsey for allegedly stifling environmental regulation, undermining the Treaty of Waitangi and promoting a libertarian and neoliberal agenda.[3][4][5]
Background
[edit]The impetus for the Regulatory Principles Bill originated in a 2001 report titled "Constraining Government Regulation" published by the-then New Zealand Business Roundtable (which has since been revamped as the New Zealand Initiative.[6] The report's author New Zealand Initiative senior research fellow Dr Bryce Wilkinson said he was influenced by the economic, fiscal and regulatory challenges which the Fourth Labour Government faced upon coming into power after the 1984 New Zealand general election.[7]
Three previous attempts have been made to introduce regulatory standards legislation into the New Zealand Parliament. In 2006, ACT leader Rodney Hide attempted to introduce a member's bill known as the Regulatory Responsibility Bill. In 2011, the Regulatory Responsibility Taskforce recommended the introduction of a Regulatory Standards Bill but was blocked by the New Zealand Treasury. In 2021, ACT leader David Seymour attempted to introduce a Regulatory Standards Bill to codify "good regulatory analysis" on the basis of protecting New Zealand's liberties.[2][6]
Following the 2023 New Zealand general election, a coalition agreement between the National and ACT parties committed them to introducing a Regulatory Standards Act that would improve the quality of regulation and ensure that regulatory decisions were based on "good law-making" and economic efficiency.[2] On 12 September 2024, the Ministry for Regulation confirmed that passing the Regulatory Standards Bill was one of its five main priorities. The Ministry was also advising on the development of the legislation.[8]
Draft release and consultation
[edit]In 19 November 2024, Seymour sought public consultation on a discussion document relating to the Regulatory Standards Bill, stating that the proposed legislation would "bring the same "level of discipline" to regulation the Public Finance Act brings to public spending." Under this legal framework, the Ministry of Regulation would be tasked with administering the Regulatory Standards legislation.[2]
This discussion document contained a series of principles outlining what constituted "responsible regulation" including the rule of law, liberties, taking of property, taxes, fees and levies, role of courts, good law-making and regulatory stewardship. It also proposed that the bill not include a principle regarding the Treaty of Waitangi. The bill proposed a mechanism for assessing whether new laws were consisted with the principles of "responsible regulation".[2] Unlike the 2021 version, the 2025 version proposed the establishment of a Regulatory Standards Board to deal with concerns around existing legislation being inconsistent with the Bill's principles. The board would consist of members appointed by the Minister for Regulation and would have the power to make non-binding recommendations to ministers.[2][6]
Submissions on the draft release concluded at 11:59 pm on 13 January 2025.[1][7] The bill received almost 23,000 submissions, with 80% being in the final four days of the consultation period.[2][1]
Regulatory impact statement
[edit]TBW
Responses
[edit]TBW
References
[edit]- ^ a b c "The Regulatory Standards Bill". Ministry for Regulation. Retrieved 4 March 2025.
- ^ a b c d e f g Hanly, Lilian (14 January 2025). "The Regulatory Standards Bill: What you need to know". Radio New Zealand. Archived from the original on 9 February 2025. Retrieved 4 March 2025.
- ^ "Regulatory Standards Bill should be stopped in its tracks". Environmental Defence Society. 13 January 2025. Archived from the original on 19 February 2025. Retrieved 4 March 2025.
- ^ Natanahira, Tuwhenuaroa (29 January 2025). "Toitū te Tiriti file urgent Waitangi Tribunal claim on Regulatory Standards Bill". Radio New Zealand. Archived from the original on 19 February 2025. Retrieved 4 March 2025.
- ^ Kelsey, Jane (9 February 2025). "Proposed bill 'an ideological project that must be stopped'". E-Tangata. Archived from the original on 14 February 2025.
- ^ a b c Waiwiri-Smith, Lyric (15 January 2025). "What's all the fuss about the bill to regulate regulations?". The Spinoff. Archived from the original on 30 January 2025. Retrieved 4 March 2025.
- ^ a b Hanly, Lilian (13 January 2025). "Regulatory Standards Bill slammed as 'dangerous' call for 'alarm bells'". Radio New Zealand. Retrieved 4 March 2025.
- ^ "Ministry for Regulation sets out timetable for action". Radio New Zealand. 12 September 2024. Archived from the original on 10 February 2025. Retrieved 4 March 2025.
Category:2025 in New Zealand law Category:ACT New Zealand Category:Proposed laws of New Zealand Category:Sixth National Government of New Zealand Category:Controversies in New Zealand