In its submission filed last week, the Environmental Defence Society (EDS) has called for work on the proposed Regulatory Standards Bill to stop. The newly minted Ministry for Regulation is consulting on the proposed Bill which has the ostensible aim of improving the quality of regulation in Aotearoa New Zealand.
“But under the guise of improving things, the proposed Bill in fact constitutes a retrograde constitutional shift by mandating a narrow, ideological and radical approach to regulation-making,” said EDS’s Chief Executive, Gary Taylor.
“The Bill seeks to entrench a set of highly selective principles of responsible regulation. But the principles are flawed, driven by contentious ideology, leave significant gaps and fail to acknowledge fundamental and internationally recognised tenets of good regulatory decision-making which we elaborate on in our submission. Further, the powers vested in the Minister for Regulation are excessive and inappropriate.
“The proposed Bill cuts across existing and soon-to-be-implemented frameworks, including Part 4 of the Legislation Act 2019, which is slated to come into force next year, and will make sensible improvements to regulation-making.
“Overall, the proposed Bill is contrary to the public interest and will have the effect of undermining environmental protection. It is notable that all environmental regulations are being reviewed right now.
“It is telling that the Ministry for Regulation has itself made preliminary recommendations that the Bill should not progress. Its advice reflects on a long history of opposition to the proposed Bill, with earlier iterations dismissed by three different Parliaments in 2006, 2011 and most recently in 2021.
“This Bill, like the Treaty Principles Bill, is seeking to entrench radical ideological ideas into our law-making processes and should be stopped in its tracks,” Mr Taylor concluded.