Regulatory Standards Bill

  • lapsed on 22 August 2017

Part 2 Principles of responsible regulation and their effect

Principles of responsible regulation

7 Principles

(1)

The principles of responsible regulation are that, except as provided in subsection (2), legislation should—

Rule of law

(a)

be consistent with the following aspects of the rule of law:

(i)

the law should be clear and accessible:

(ii)

the law should not adversely affect rights and liberties, or impose obligations, retrospectively:

(iii)

every person is equal before the law:

(iv)

issues of legal right and liability should be resolved by the application of law, rather than the exercise of administrative discretion:

Liberties

(b)

not diminish a person’s liberty, personal security, freedom of choice or action, or rights to own, use, and dispose of property, except as is necessary to provide for, or protect, any such liberty, freedom, or right of another person:

Taking of property

(c)

not take or impair, or authorise the taking or impairment of, property without the consent of the owner unless—

(i)

the taking or impairment is necessary in the public interest; and

(ii)

full compensation for the taking or impairment is provided to the owner; and

(iii)

that compensation is provided, to the extent practicable, by or on behalf of the persons who obtain the benefit of the taking or impairment:

Taxes and charges

(d)

not impose, or authorise the imposition of, a tax except by or under an Act:

(e)

not impose, or authorise the imposition of, a charge for goods or services (including the exercise of a function or power) unless the amount of the charge is reasonable in relation to both—

(i)

the benefits that payers are likely to obtain from the goods or services; and

(ii)

the costs of efficiently providing the goods or services:

Role of courts

(f)

preserve the courts’ role of authoritatively determining the meaning of legislation:

(g)

if the legislation authorises a Minister, public entity, or public official to make decisions that may adversely affect any liberty, freedom, or right of a kind referred to in paragraph (b),—

(i)

provide a right of appeal on the merits against those decisions to a court or other independent body; and

(ii)

state appropriate criteria for making those decisions:

Good law-making

(h)

not be made unless, to the extent practicable, the persons likely to be affected by the legislation have been consulted:

(i)

not be made (or, in the case of an Act, not be introduced to the House of Representatives) unless there has been a careful evaluation of—

(i)

the issue concerned; and

(ii)

the effectiveness of any relevant existing legislation and common law; and

(iii)

whether the public interest requires that the issue be addressed; and

(iv)

any options (including non-legislative options) that are reasonably available for addressing the issue; and

(v)

who is likely to benefit, and who is likely to suffer a detriment, from the legislation; and

(vi)

all potential adverse consequences of the legislation (including any potential legal liability of the Crown or any other person) that are reasonably foreseeable:

(j)

produce benefits that outweigh the costs of the legislation to the public or persons:

(k)

be the most effective, efficient, and proportionate response to the issue concerned that is available.

(2)

Any incompatibility with the principles is justified to the extent that it is reasonable and can be demonstrably justified in a free and democratic society.

(3)

Nothing in this section limits the New Zealand Bill of Rights Act 1990.