logo
A response to sincerely-held concerns about the Regulatory Standards Bill

A response to sincerely-held concerns about the Regulatory Standards Bill

NZ Herald16 hours ago
It appears that most of those opposing the Bill emphasise its failure to include Treaty of Waitangi principles. For them, this omission represents a fundamental threat to Māori wellbeing and New Zealand's constitutional framework. Some fear it will undermine decades of progress.
These fears reflect what people have been told, and genuinely believe.
Distrust of the bill's intentions is significant. The most ideological submitters think the bill is driven by an unacceptable 'neo-liberal', libertarian ideology.
Many more think it prioritises individual property rights over collective wellbeing.
The bill's premise is the opposite: that the collective rules all. Parliament represents the collective voice of the nation. Its laws are those of the collective. It is sovereign lawmaker. Nothing in the bill changes that.
Instead, the bill makes the Government of the day more transparent and accountable to Parliament when asking Parliament to pass a regulatory measure.
Specifically, the bill requires the Government to inform Parliament about departures from key fundamental legal principles, and to provide a reason.
Parliament is free to ignore that information. It would be as free as now to implement strong environmental protections, extensive public health measures, or policies specifically to advance Māori interests.
The Bill draws on ten legal principles from the Government's own Legislation Guidelines. Photo / Mark Mitchell
That is the key point. It is why the bill is merely a transparency measure.
A related, sincerely held view is that the bill's selected principles are ideologically biased. They screw the scrum in favour of individual rights.
Yet the state's first duty is to protect citizens in their persons and possessions. National defence, the police and the courts are fundamental state responsibilities.
At their most basic, constitutional arrangements need to protect citizens, as groups and as individuals, from the unprincipled abuse of the state's power.
Chapter 4 of the 2021 edition of the Government's Legislation Guidelines distils 10 default principles from 'the fundamental constitutional principles and values of New Zealand law'.
The 10 default principles include preserving the rule of law, a presumption in favour of liberty, and respect for property rights. That is not extreme, it is basic.
The six broad principles in the Bill draw heavily from the most relevant of those default principles. This is not accidental. The 2009 Regulatory Responsibility Taskforce drew them from earlier editions of the same publication. (Space does not permit going into differences here.)
Why not include a reference to Treaty principles? The open question is 'precisely what difference would this make'? Specific examples would be helpful.
For some years now Cabinet has required officials to identify departures from these 10 default principles. Ministers must give reasons for such departures. This is to be done before a measure is put to Cabinet or to a Cabinet Committee. The same requirement applies to another 138 default principles from the other 22 chapters in the guidelines.
The problem here is that Cabinet can ignore its own requirements when it wishes to do so. Hence the concerns about measures pushed through Parliament under urgency.
The bill aims to make it harder for governments to ignore such requirements, at least in respect of the most fundamental common law principles.
Another widely expressed concern is that complying with the bill's assessment requirements will cost many millions of dollars in public sector time.
First, that would be worth it if enhanced parliamentary scrutiny could help prevent regulation disasters, such as the housing affordability disaster.
Second, it is hard to see any additional costs from the scrutiny the bill proposes – if officials and ministers are complying with the myriad of existing requirements.
With respect to the review of existing laws and regulations, there will be additional costs. But the scope for using rapidly-improving AI to greatly reduce those costs has not been factored into current estimates.
Nor does the Regulatory Standards Board have 'sweeping powers'. It is pretty toothless. It declares a finding but cannot force anyone to pay it any attention. Its function is to increase transparency.
Finally, some common ground. Experts widely agree that regulatory quality in New Zealand is a concern.
The challenge now is to move beyond misunderstandings toward a more constructive, better-informed and less ideological discussion about how more transparent and principled lawmaking can better serve New Zealanders.
Orange background

Try Our AI Features

Explore what Daily8 AI can do for you:

Comments

No comments yet...

Related Articles

Te Pāti Māori Announces Award-Winning Broadcaster Oriini Kaipara To Contest Tāmaki Makaurau By-Election
Te Pāti Māori Announces Award-Winning Broadcaster Oriini Kaipara To Contest Tāmaki Makaurau By-Election

Scoop

time4 hours ago

  • Scoop

Te Pāti Māori Announces Award-Winning Broadcaster Oriini Kaipara To Contest Tāmaki Makaurau By-Election

Te Pāti Māori have confirmed the selection of celebrated broadcaster and longtime West Auckland advocate Oriini Kaipara (Ngāi Tūhoe, Ngāti Awa, Tūwharetoa, Ngāti Rangitihi) as its candidate for the Tāmaki Makaurau by-election. Oriini's deep whakapapa to Tāmaki Makaurau is grounded in her upbringing at Hoani Waititi Marae, where she was raised by her mother in a strong Māori environment. She has dedicated decades amplifying the stories of Māori communities, holding prime ministers to account and chairing nationally televised Māori electorate debates. 'Oriini brings a lifetime of leadership and advocacy, both in media and in the community. Her voice is exactly what Tāmaki needs to honour the memory of Takutai Moana and to ensure Māori voices are heard loud and clear in Parliament' said Te Pāti Māori Co-leader, Debbie Ngarewa-Packer. 'She understands the deep connection between whakapapa and politics, and she's not here to play games. She will fiercely uphold kaupapa that protect our whenua, defend our whānau, and uplift our tamariki with unapologetic Māori leadership' said Te Pāti Māori Co-Leader, Rawiri Waititi. 'Māori are being attacked left, right and centre for purely existing. It's vile and it's not good enough' said Te Pāti Māori Tāmaki Makaurau Candidate, Oriini Kaipara. 'My role now is to move from covering the story to changing it.' Kaipara has pledged to tackle the cost-of-living crisis facing Tāmaki whānau, with a focus on housing, youth houselessness and skyrocketing food bills. She will champion Te Pāti Māori's Mana Motuhake policy package, including a first right of refusal for mana whenua over culturally significant private land. 'We lost a leader in Takutai Tarsh Kemp who served with ngākau mahaki and deep love for whānau. My commitment is to honour her legacy by being a fierce advocate for Tāmaki' Kaipara said. Key priorities: · Secure mana whenua firstrightofrefusal on significant private land. · Drive kaupapa Māori housing solutions to eliminate rangatahi houselessness. · Expand investment in kaupapa Māori education models such as Te Aho Matua. 'To every whānau in Tāmaki Makaurau, I am standing because our seat deserves to remain strong, grounded in te ao Māori, and guided by the voices of our people, united, determined, and unapologetically Māori' said Kaipara. This campaign is our call to action, to mobilise, to organise, to stand united to reclaim our voice and build the future our mokopuna and the people of Tāmaki Makaurau deserve.

Oriini Kaipara to contest Tāmaki Makaurau by-election
Oriini Kaipara to contest Tāmaki Makaurau by-election

Otago Daily Times

time4 hours ago

  • Otago Daily Times

Oriini Kaipara to contest Tāmaki Makaurau by-election

By Giles Dexter of RNZ Former broadcaster Oriini Kaipara has been chosen to contest the Tāmaki Makaurau by-election for Te Pāti Māori. Kaipara was selected at a behind-closed-doors hui at Hoani Waititi Marae tonight. The by-election has been triggered by the death of Te Pāti Māori MP Takutai Moana Natasha Kemp, who died suddenly two weeks ago. She had been battling kidney disease. Te Pāti Māori said Kaipara (Ngāi Tūhoe, Ngāti Awa, Tūwharetoa, Ngāti Rangitihi) had dedicated decades amplifying the stories of Māori communities, holding prime ministers to account and chairing nationally televised Māori electorate debates. The party co-leaders said she would bring a lifetime of leadership and advocacy, and that she understood the deep connection between whakapapa and politics. "Her voice is exactly what Tāmaki needs to honour the memory of Takutai Moana and to ensure Māori voices are heard loud and clear in Parliament," said co-leader Debbie Ngarewa-Packer. Kaipara said she was pledging to tackle the cost of living crisis facing Tāmaki whānau, with a focus on housing, youth homelessness, and skyrocketing food bills. "Māori are being attacked left, right and centre for purely existing. It's vile and it's not good enough," she said. "My role now is to move from covering the story to changing it." She said if elected, her key priorities would be securing mana whenua first right of refusal on significant private land, driving kaupapa Māori housing solutions to eliminate rangatahi houselessness, and expending investment in kaupapa Māori education models such as Te Aho Matua. Te Kou o Rehua Panapa, a former youth worker at Manurewa Marae had also sought the nomination. Hīkoi leader Eru Kapa-Kingi had earlier ruled out running. Kaipara has most recently worked as Pouwhiringa Māori culture lead for the New Zealand Olympic Committee. In 2021, she became the first wāhine Māori with moko kauae to present a mainstream news bulletin, when she fronted Newshub Live at 6pm. Labour's Peeni Henare previously held the Tāmaki Makaurau seat before being beaten by Kemp in the 2023 election by a slim margin of 42 votes. Henare had held the seat since 2014. RNZ understands Labour's internal nomination process is under way and will close on Friday. Prime Minister Christopher Luxon is yet to announce the date for a by-election. However, the Speaker of the House published the notice of vacancy in the Gazette yesterday, meaning the Governor-General will issue a writ within 21 days of July 9, instructing the Chief Electoral Officer to conduct the by-election.

Former broadcaster Oriini Kaipara to contest Tāmaki Makaurau by-election for Te Pāti Māori
Former broadcaster Oriini Kaipara to contest Tāmaki Makaurau by-election for Te Pāti Māori

RNZ News

time4 hours ago

  • RNZ News

Former broadcaster Oriini Kaipara to contest Tāmaki Makaurau by-election for Te Pāti Māori

Oriini Kaipara. Photo: Screenshot / YouTube / Newshub Former broadcaster Oriini Kaipara has been chosen to contest the Tāmaki Makaurau by-election for Te Pāti Māori. Kaipara was selected at a behind-closed-doors hui at Hoani Waititi Marae on Thursday evening. The by-election has been triggered by the death of Te Pāti Māori MP Takutai Moana Natasha Kemp , who died suddenly two weeks ago. Te Pāti Māori said Kaipara (Ngāi Tūhoe, Ngāti Awa, Tūwharetoa, Ngāti Rangitihi) had dedicated decades amplifying the stories of Māori communities, holding prime ministers to account, and chairing nationally televised Māori electorate debates. The party co-leaders said she would bring a lifetime of leadership and advocacy, and that she understood the deep connection between whakapapa and politics. "Her voice is exactly what Tāmaki needs to honour the memory of Takutai Moana and to ensure Māori voices are heard loud and clear in Parliament," said co-leader Debbie Ngarewa-Packer. Kaipara said she was pledging to tackle the cost of living crisis facing Tāmaki whānau, with a focus on housing, youth homelessness, and skyrocketing food bills. "Māori are being attacked left, right and centre for purely existing. It's vile and it's not good enough," she said. "My role now is to move from covering the story to changing it." She said if elected her key priorities would be securing mana whenua first right of refusal on significant private land, driving kaupapa Māori housing solutions to eliminate rangatahi houselessness, and expending investment in kaupapa Māori education models such as Te Aho Matua. Te Kou o Rehua Panapa, a former youth worker at Manurewa Marae had also sought the nomination. Hīkoi leader Eru Kapa-Kingi had earlier ruled out running. Kaipara has most recently worked as Pouwhiringa Māori culture lead for the New Zealand Olympic Committee. In 2021, she became the first wāhine Māori with moko kauae to present a mainstream news bulletin, when she fronted Newshub Live at 6pm. Labour's Peeni Henare previously held the Tāmaki Makaurau seat, before being beaten by Kemp in the 2023 election by a slim margin of 42 votes. Henare had held the seat since 2014. RNZ understands Labour's internal nomination process is underway and will close on Friday. The Prime Minister is yet to announce the date for a by-election. However, the Speaker of the House published the notice of vacancy in the Gazette on Wednesday, meaning the Governor-General will issue a writ within 21 days of July 9th, instructing the Chief Electoral Officer to conduct the by-election.

DOWNLOAD THE APP

Get Started Now: Download the App

Ready to dive into a world of global content with local flavor? Download Daily8 app today from your preferred app store and start exploring.
app-storeplay-store