Commissioned report

Report of the Regulatory Responsibility Taskforce

The Regulatory Responsibility Taskforce chaired by Dr Graham Scott presented its report to Hon Bill English, Minister of Finance and Hon Rodney Hide, Minister for Regulatory Reform on 30 September 2009.

The report includes a draft Regulatory Responsibility Bill and other recommendations to make law-making in New Zealand more transparent and accountable.

The report was released by Hon Rodney Hide, Minister for Regulatory Reform on 29 October 2009. Read the related media statement by the Minister on the Beehive website: Minister welcomes Regulatory Responsibility Taskforce report (28 October 2009).

Other documents relating to the Taskforce, including its Terms of Reference, are available from the Regulatory Responsibility Bill and Taskforce page.

The Report of the Regulatory Responsibility Taskforce has been split into three Adobe PDF files. An HTML version, excluding Part 3 - Taskforce's Draft Regulatory Responsibility Bill, can be provided on request from [email protected].
Using PDF Files


Section/Chapter Download/Page Range

Summary of Recommendations#

Part 1 - Overview of Report#

  • Introduction
  • The recommended RR Bill
    • - the principles of responsible regulation
    • - certification of compliance with the principles
    • - a new role for the Courts: declarations of incompatibility
    • - regular review of body of legislation
  • Additional recommendations
  • Future work streams

Part 2 - The Need for Reform of the Regulatory Process#

  • Costs and benefits of the Taskforce's recommendations

Part 3 - Taskforce's Draft Regulatory Responsibility Bill#

Part 4 - Commentary on the Taskforce's Draft Regulatory Responsibility Bill#

  • Clause 1 Title
  • Clause 2 Commencement
  • Part 1: Preliminary Provisions
  • Clause 3 Purpose
  • Clause 4 Interpretation
  • Clause 5 Meaning of legislation
  • Clause 6 Act binds the Crown
  • Part 2: Principles of Responsible Regulation and Their Effect
  • Clause 7 Principles
    • Clause 7(1) - principles of responsible regulation
      • Rule of law
      • Liberties
      • Taking of property
      • Taxes and charges
      • Role of Courts
      • Good law-making
    • Clause 7(2) - justified incompatibility
    • Clause 7(3) - relationship with the New Zealand Bill of Rights Act 1990
  • Clause 8 Certificate as to compatibility of legislation with principles
  • Clause 9 Content of certificate
  • Clause 10 Certificate must be presented to the House of Representatives
  • Clause 11 Interpretation compatible with principles to be preferred
  • Clause 12 Court may declare that legislation infringes principles
  • Clause 13 Effect of declaration
  • Clause 14 Legal effect of principles
  • Part 3: Miscellaneous Provisions
  • Clause 15 Guidelines
  • Clause 16 Review of legislation for compatibility with principles
  • Clause 17 Publication of information on Internet

Part 5 - Additional Recommendations#

  • Recommended amendments to the Standing Orders of the House of Representatives
    • - scrutiny of a Bill prior to its enactment
    • - scrutiny of legislation following enactment generally
  • Recommended executive branch initiatives