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7.2. Applying for an exemption

If you consider one of the exemptions may apply to your regulatory proposal (or aspects of the proposal), you should apply for an exemption from Treasury. You can do this by contacting the Regulatory Quality Team (ria@treasury.govt.nz). Please also copy in your Treasury policy team into any correspondence.

The Exemption Application Form on Treasury's Regulation webpage will assist with applying for an exemption. This form enables you to state for each proposal, what exemption is sought and why you consider it applies. Alternatively you can provide this information directly in your email to the Regulatory Quality Team.

Treasury considers the information you have provided and, if necessary, may request further information or clarification.

If you are seeking one of the discretionary exemptions, there may be further discussion needed with the Regulatory Quality Team. These discussions will include matters such as:

  • how Cabinet's Impact Analysis Requirements have already been met
  • why further Impact Analysis is not the best and most cost-effective way to provide Ministers with information relevant to their decision-making
  • the extent to which Government's decision making discretion or responsibility has been constrained
  • the potential conditions of any exemption.

The Regulatory Quality Team will then determine whether and to what extent a regulatory proposal, or aspects of it, is exempt from the requirement to provide a Regulatory Impact Assessment. If it is a discretionary exemption, the Regulatory Quality Team will also determine any conditions of the exemption and the timing for fulfilling those conditions. This timing will largely depend on the timing of the decisions the conditions are intended to assist.

Note, if you do not apply for an exemption, or you are not granted one, and a Regulatory Impact Assessment is not submitted along with the Cabinet paper seeking policy approval then it will be subject to the process for proposals with inadequate Impact Analysis (see Section 13 Regulatory proposals with inadequate impact analysis).

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