Jump to content

Regulatory Standards Bill

Add links
From Wikipedia, the free encyclopedia

Regulatory Standards Bill
New Zealand Parliament[1]
Territorial extentNew Zealand
Legislative history
Introduced byDavid Seymour[1]
Committee responsibleFinance and Expenditure Committee[1]
First reading22 May 2025[1]
Status: Pending — before

The Regulatory Standards Bill is a legislative proposal in New Zealand that forms part of the Sixth National Government coalition agreement, particularly between ACT and National Party. [2]It defines a set of principles by which legislation may be guided. A public consultation period was held to gather feedback on the Bill's objectives and provisions.[3] Critics of this Bill include the Environmental Defence Society, Māori group "Toitū te Tiriti" and University of Auckland emeritus Professor Jane Kelsey, whose concerns center on claims that it could restrict environmental regulation, weaken Treaty of Waitangi protections and advance a libertarian, neoliberal agenda.[4][5][6]

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.[7] 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.[8]

Three previous attempts have been made to introduce regulatory standards legislation into the New Zealand Parliament.[3][7] 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.[3][9] Following the 2011 New Zealand general election, the Fifth National Government abandoned plans to progress the Regulatory Standards bill. However, the ACT and National parties agreed to work on an alternative Bill based on Treasury's recommendations.[9] 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.[3][7]

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.[3] 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.[10]

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.[3]

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".[3] 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.[3][7]

Submissions on the draft release concluded at 11:59 pm on 13 January 2025.[2][8] The bill received almost 23,000 submissions, with 80% being in the final four days of the consultation period.[3][2]

Key provisions

[edit]

The Regulatory Standard Bill's key provisions focus on the rule of law, individual rights and liberties, taxation, the constitutional role of the courts and law-making. It seeks to maintain the rule of law by ensuring legislative clarity and accessibility. It also seeks to ensure that laws do not adversely affect rights and liberties, or impose undue obligations. The bill seeks to ensure that everyone is equal under the law.[11]

In terms of courts, the Bill seeks to preserve an independent, impartial jury. It also seems to preserve the constitutional role of courts in interpreting the meaning of legislation. [11]

In terms of legislation, the Bill seeks to ensure that legislation does not diminish individual liberties, personal security, freedom of choice and action, and property rights in the exception of protecting the liberty, freedom and rights of another individual. It also states that legislation should not be used to facilitate the taking of an individual's property without the consent of the owner unless there is a good justification for seizure, and fair compensation is provided to the owner and other parties. It also establishes guidelines for "good law-making" such as ensuring that legislation produces benefits that exceeds the costs of implementation.[11]

The Bill also seeks to ensure that taxes, fees and levies comply with section 22 of the Constitution Act 1986. It also establishes guidelines for legislation that imposes taxes, fees and levies.[11]

The Bill also establishes guidelines for ensure that future primary and secondary legislation complies with the Regulatory Standards Bill's legal framework.[11]

Legislative history

[edit]

First reading

[edit]

On 7 May 2025, Minister for Regulation David Seymour confirmed that the New Zealand Cabinet had approved a detail proposal for the Regulatory Standards Bill.[12] The bill was introduced into the New Zealand Parliament on 19 May.[1]

On 23 May, the Regulation Standards Bill passed its first reading in Parliament with the support of the governing National, ACT and New Zealand First parties. The bill's sponsor Seymour described the bill "as a crucial piece of legislation for improving the long term quality of regulation in our country and ultimately allowing New Zealanders to live longer, happier, healthier and wealthier lives." By contrast, Te Pāti Māori co-leader Debbie Ngarewa-Packer opposed the bill, stating it "promotes equal treatment before the law but it opens the door [for] government to attack every Māori equity initiative."[13]

Select committee stage

[edit]

Following its first reading, Parliament sought public submissions on the bill, which concluded on 23 June 2025. The Finance and Expenditure Committee will consider the submissions, with its final report due on 22 November 2025.[14]

During an interview with Radio New Zealand journalist Guyon Espiner in early June 2025, Seymour alleged that 99.5 percent of submissions were created by bots. The Ministry for Regulation estimated that 88 percent of submissions opposed the proposed regulations while 0.33 percent supported or partially supported them.[15]

Responses

[edit]

Support

[edit]

Bryce Wilkinson of the New Zealand Initiative (formerly the New Zealand Business Roundtable), who had worked on an earlier version of the Regulatory Standards legislation, said that economists "believed good quality regulation was where the benefits to people who are affected by it exceed the costs to people who are affected by it".[3]

Criticism

[edit]

In June 2025, the bill's sponsor David Seymour posted several social media posts accusing critics of the Bill of suffering from "Regulatory Standards Derangement Syndrome." These critics included Mayor of Wellington Tory Whanau, Labour MP Willie Jackson, academics Dame Anne Salmond, George Laking, and Metiria Turei. In response, Whanau accused Seymour of breaching the Cabinet Manual and said she would lodge a complaint with the Prime Minister. Similarly, Salmond described Seymour's posts as an abuse of "high office" and said she would lodge a complaint with the New Zealand Cabinet Office. Seymour defended posts and accused his critics of making "incorrect statements."[14]

Academia

[edit]

Emeritus University of Auckland law professor Jane Kelsey opposed the bill on the grounds that it would undermine the Treaty of Waitangi and undermine regulation in favour of profit.[6] Kelsey also said that the bill reflected the ACT Party's prioritisation of private property rights over the Treaty and other socio-economy factors.[3]

University of Otago senior psychology lecturer Ryan Ward argued that the bill would give companies more rights than members of the public, potentially allowing corporations to seek financial compensation from Māori groups for any loss to profit from government legislation protecting environmental and indigenous land claims. [16]

Environmental groups

[edit]

In mid January 2025, the Environmental Defence Society (EDS) published a submission opposing the proposed Regulatory Standards Bill, stating that it "constitutes a retrograde constitutional shift by mandating a narrow, ideological and radical approach to regulation-making." The EDS also said that the legislation could undermine environmental protection and expressed concern that the Government was reviewing all environmental regulations.[4] Similarly, environmental researcher and cross-cultural consultant Melanie Nelson claimed that the proposed bill lacked a "democratic mandate for constitutional changes of this magnitude."[3]

In mid June 2025, Greenpeace Aotearoa New Zealand opposed the Bill on the grounds that it would enshrine several ACT party principles including forcing governments to compensate corporations for environmental rules and regulations affecting their property, excluded the Treaty of Waitangi, and prioritised corporate property and individual freedom over environmental protection, public safety, and indigenous rights. Greenpeace encouraged their supports to send submissions during the select committee stage.[17]

Māori

[edit]

In mid December 2024, Māori language educator, consultant, podcaster and writer Melanie Nelson described the proposed Regulatory Standards Bill and companion Treaty Principles Bill as part of an effort by the ACT party to impose its ideology on New Zealand's legal framework, with implications for the Treaty of Waitangi and climate change mitigation.[18] On 18 May, Nelson followed up with a second op-ed article arguing that the proposed legislation would strengthen the powers of the New Zealand Cabinet and could be used to undermine the Treaty of Waitangi claims and settlements.[19]

The Māori group "Toitū te Tiriti", which organised the Hīkoi mō te Tiriti (March for the Treaty), opposed the bill, claiming it would undermine the Treaty of Waitangi and would discriminate against Māori. They encouraged supporters to send submissions opposing the bill.[5]

Trade unions

[edit]

The trade union E tū opposed the Bill on the grounds that it allowed corporations to claim compensation for laws affecting their profits, accorded individual rights to corporations, undermine Māori protections and input and shifted parliamentary power into the hands of a minister-appointed board.[20]

Waitangi Tribunal

[edit]

On 29 January 2025 the group Toitū te Tiriti filed an urgent Waitangi Tribunal claim against the Regulatory Standards Bill, arguing that the proposed legislation would undermine the Treaty of Waitangi and adversely affect Māori.[5] On 15 May 2025, the Tribunal heard submissions from lawyers representing 18,000 New Zealanders opposed to the bill.[21] On 16 May, the Tribunal released an interim report urging the New Zealand Crown to halt work on the Regulatory Standards Bill to facilitate "meaningful consultation" with Māori.[22]

References

[edit]
  1. ^ a b c d e "Regulatory Standards Bill". New Zealand Parliament. 23 May 2025. Retrieved 23 May 2025.
  2. ^ a b c "The Regulatory Standards Bill". Ministry for Regulation. Retrieved 4 March 2025.
  3. ^ a b c d e f g h i j k l 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.
  4. ^ a b "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.
  5. ^ a b c 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.
  6. ^ a b Kelsey, Jane (9 February 2025). "Proposed bill 'an ideological project that must be stopped'". E-Tangata. Archived from the original on 14 February 2025.
  7. ^ a b c d 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.
  8. ^ a b Hanly, Lilian (13 January 2025). "Regulatory Standards Bill slammed as 'dangerous' call for 'alarm bells'". Radio New Zealand. Retrieved 4 March 2025.
  9. ^ a b Thwaites, R.; Knight, Dean (2013). "Administrative Law Through a Regulatory Lens: Situating Judicial Adjudication Within a Wider Accountability Framework". In Frankel, S.; Ryder, D. (eds.). Recalibrating Behaviour: Smarter Regulation in a Global World. LexisNexis. pp. 529–558. ISBN 9781927149713.
  10. ^ "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.
  11. ^ a b c d e Seymour, David. "Regulatory Standards Bill". Legislation New Zealand. Parliamentary Counsel Office. Retrieved 23 May 2025.
  12. ^ Hanly, Lillian (7 May 2025). "Cabinet signs off on proposal for Regulatory Standards Bill". Radio New Zealand. Archived from the original on 13 May 2025. Retrieved 24 May 2025.
  13. ^ Te Manu Korihi (23 May 2025). "Regulatory Standards Bill passes first reading". Radio New Zealand. Archived from the original on 24 May 2025. Retrieved 24 May 2025.
  14. ^ a b Dexter, Giles (24 June 2025). "David Seymour defends social media posts accusing Regulatory Standards opponents of 'derangement syndrome'". Radio New Zealand. Archived from the original on 23 June 2025. Retrieved 24 June 2025.
  15. ^ Stewart, Ella (4 June 2025). "ACT leader David Seymour suggested 'bots' drove 'fake submissions' against his Regularory Standards Bill". Radio New Zealand. Archived from the original on 7 June 2025. Retrieved 8 June 2025.
  16. ^ Ward, Ryan (1 June 2025). "How the Regulatory Standards Bill gives companies more rights than the public". E-Tangata. Archived from the original on 31 May 2025. Retrieved 31 May 2025.
  17. ^ Toop, Gen (19 June 2025). "Regulatory Standards Bill submission guide". Greenpeace Aotearoa New Zealand. Archived from the original on 19 June 2025. Retrieved 24 June 2025.
  18. ^ Nelson, Melanie (15 December 2024). "The 'dangerous' bill flying under the radar". Archived from the original on 26 March 2025. Retrieved 7 April 2025.
  19. ^ Nelson, Melanie (18 May 2025). "The 'dangerous' bill has been updated, but how?". E-Tangata. Archived from the original on 17 May 2025. Retrieved 24 May 2025.
  20. ^ "E tū joins thousands in opposing anti-democratic Regulatory Standards Bill". E tu. Archived from the original on 24 June 2025. Retrieved 24 June 2025.
  21. ^ Wairiri-Smith, Lyric (15 May 2025). "Waitangi Tribunal hears evidence against another 'dangerous' principles-based bill". The Spinoff. Archived from the original on 15 May 2025. Retrieved 16 May 2025.
  22. ^ Natanahira, Tuwhenuaroa (16 May 2025). "Waitangi Tribunal recommends 'immediate halt' Regulatory Standards Bill for 'meaningful consultation' with Māori". Radio New Zealand. Archived from the original on 16 May 2025. Retrieved 16 May 2025.
[edit]
Retrieved from "https://en.wikipedia.org/w/index.php?title=Regulatory_Standards_Bill&oldid=1297223040"