Report of the Regulatory Responsibility Taskforce

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