Cabinet approves draft of Regulatory Standards Bill
Monday, 19 May 2025
Cabinet has approved a draft of the controversial Regulatory Standards Bill to be introduced to the House, ignoring the misgivings of the Waitangi Tribunal and critics.
The bill, a 20-year ACT Party project to create “principles” for regulation making, was the subject of a last-minute finding by the Waitangi Tribunal on Friday, and coalition partner NZ First has suggested unhappiness with its contents.
Despite Prime Minister Christopher Luxon refusing to confirm Cabinet approval on Monday, Regulation Minister David Seymour declared the bill had consent to enter the House, and published the draft legislation.
“Today is another significant step towards that as Cabinet has given approval to introduce the Bill to the House, with the target being enactment by the start of next year,” Seymour said.
Earlier, Luxon said, “We don’t talk about what we’ve discussed in Cabinet … David Seymour can say whatever he likes to, I’m just telling you my position”.
He also declined to say when the “dull but worthy” bill would be introduced into the House.
“Ultimately this bill will come to the House, there'll be a discussion through a select committee process. There's complexity in it. Devil's in the detail of actually what gets implemented, and we'll work our way through that, as will Cabinet have another conversation.”
The bill would create a “benchmark” regime for regulations based on principles including liberty and property rights, and a Regulatory Standards Board to scrutinise and receive complaints about regulations.
The board’s findings would be non-binding and, while government agencies would have to assess regulation against the principles, it would not prohibit lawmaking if the principles are not met. Instead, ministers or officials would have to publicly note the regulation’s inconsistency with the regulatory standards.
As proposed, the bill does not mention the Treaty of Waitangi or the Government’s obligations to the nation’s founding document among its principles.
Deputy Prime Minister Winston Peters last week indicated NZ First did not fully agree with the bill, though it would agree for it to enter the House “strictly according to the instructions that Cabinet has agreed to”.
He refused to say what his issue was with the bill, which he described as a “work in progress”.
“We’ll let you know when the time comes.”
On Monday, Luxon said it was for Peters to speak to his position.
“This is a really complex, complex piece of legislation. It's really important that actually the bill is strengthened through the course of the parliamentary process.”
Luxon also said he disagreed with the Waitangi Tribunal, which said in a report published late on Friday that the Government had breached the partnership principles of the Treaty of Waitangi by “failing to meaningfully consult with Māori before Cabinet took significant decisions” earlier this month.
“The Crown would be in breach of these same principles should it introduce the proposed Regulatory Standards Bill to the House without such meaningful consultation.”
Toitū Te Tiriti, which led earlier opposition to Seymour’s Treaty Principles Bill and expanded its campaign to the regulatory bill over summer, took an urgent claim to the Waitangi Tribunal earlier this year arguing the bill would, in effect, create a “regulatory constitution” that would “alter the constitutional arrangements between the Crown and Māori under Te Tiriti by stealth and without the consent of Māori as Treaty partner”.
In its report, the tribunal also said the claimants gave “persuasive” arguments that a sub-principle contained within the bill -- “every person is equal before the law” -- could undermine legislation which provides substantive equality for Māori, given the “long and painful history of colonisation”.
Seymour said in response the tribunal was “not a parallel Government”.
“The tribunal's main objection is that the bill requires ‘equality before the law,’ which is mentioned repeatedly in the document.
“What it doesn’t understand is that equality before the law is fundamental to a functioning democracy. We can address New Zealand's problems without racial discrimination.”
He contested the tribunal’s claim of a lack of consultation with Māori, as consultation was open to the public for two months and a select committee would be held.
'These professional activists won't settle for anything less than perpetual hui through to the heat death of the universe.“
Regarding Peters’ suggestion that changes to the bill would be needed, Seymour said Cabinet had agreed to pass the bill, and “of course we will listen to select committee submissions and look to improve the bill if possible”.