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Regulatory Standards Bill (Consistent) [2011] NZBORARp 5 (16 February 2011)

Last Updated: 28 April 2019

Regulatory Standards Bill

16 February 2011 ATTORNEY-GENERAL LEGAL ADVICE

CONSISTENCY WITH THE NEW ZEALAND BILL OF RIGHTS ACT 1990:

REGULATORY STANDARDS BILL

1. We have considered whether the Regulatory Standards Bill (PCO 13896/11) (‘the Bill’) is consistent with the New Zealand Bill of Rights Act 1990 (‘Bill of Rights Act’). We understand that the Bill is to be considered by the Cabinet Legislation Committee on Wednesday, 23 February 2011.
2. The purpose of the Bill is to improve the quality of regulation in New Zealand through increasing the transparency of regulation-making and the accountability of regulation- makers. The Bill:
   

• provides a set of regulatory principles with which all regulation should comply
• requires those proposing and creating regulation to certify whether the regulation is compatible with the principles, and
• provides for monitoring of the certification process through a new declaratory role for the courts.
  

Clause 7(3) of the Bill provides that principles of responsible regulation do not limit the Bill of Rights Act.

We have concluded that the Bill appears to be consistent with the rights and freedoms affirmed in the Bill of Rights Act. This advice has been prepared by the Public Law Group and the Office of Legal Counsel.

Jeff Orr

Chief Legal Counsel Office of Legal Counsel

In addition to the general disclaimer for all documents on this website, please note the following: This advice was prepared to assist the Attorney-General to determine whether a report should be made to Parliament under s 7 of the New Zealand Bill of Rights Act 1990 in relation to the Regulatory Standards Bill. It should not be used or acted upon for any other purpose. The advice does no more than assess whether the Bill complies with the minimum guarantees contained in the New Zealand Bill of Rights Act. The release of this advice should not be taken to indicate that the Attorney- General agrees with all aspects of it, nor does its release constitute a general waiver of legal professional privilege in respect of this or any other matter. Whilst care has been taken to ensure that this document is an accurate reproduction of the advice provided to the Attorney-General, neither the Ministry of Justice nor the Crown Law Office accepts any liability for any errors or omissions.