The unpaid lobbyist steering the Government’s regulatory overhaul

Saturday, 12 July 2025

Set up to tackle regulatory bloat, the Government’s new Ministry for Regulation has been shaped behind the scenes by an unpaid outsider: long-term advocate Bryce Wilkinson.

A senior fellow at right-wing think tank the New Zealand Initiative, Wilkinson played an extensive advisory role, influencing everything from the Ministry’s founding philosophy to the appointment of its chief economist, The Post can reveal.

Documents released under the Official Information Act show the relationship began just weeks after the Ministry’s formation in 2024, when Chief Executive Gráinne Moss reached out to Wilkinson, praising his “depth and breadth of experience”.

Wilkinson, who served on the 2009 Regulatory Responsibility Taskforce during ACT’s last coalition with National and has advocated for legislation governing regulation for a quarter of a century, was eager to see the fledgling Ministry “excel”.

He offered his assistance and met with Moss at the Reserve Bank building in Wellington — the first in a series of regular engagements over the following year.

Five months after that initial meeting, Moss requested his review of a draft job description for the chief economist role.

Wilkinson’s response was detailed. He stressed the job description was missing the 'legal aspect – the law and economics aspect' and said the appointee needed to understand how common law fits into the regulatory picture.

He pointed out that the first four bullet points of the draft seemed to “confuse the responsibility of the Ministry with that of the Minister” and clarified that the Minister is the policy decision-maker.

Wilkinson also urged an international search, acknowledging a local skills gap, and suggested specific academic networks and blogs for marketing.

In mid-September, Moss emailed Wilkinson the recruitment advertisement, asking him to share it. He forwarded it to contacts and arranged for a post on Marginal Revolution, a prominent libertarian economics blog. Moss replied, calling it “super news indeed”.

She also shared CVs of applicants and sought his views.

In November, Moss invited Wilkinson to be part of the final interview panel, noting that they had narrowed down candidates to a “top 4”.

Wilkinson prepared questions, covering areas like Harold Demsetz's “nirvana fallacy” , the economic theory of regulation, law and economics, and necessary qualities “to resist greater scrutiny and rigour”.

Moss also proposed Wilkinson have coffee meetings with the top candidates. He confirmed his availability.

Wellington-based consultant Kevin Counsell was eventually selected.

Policy views and reading lists

Between August 2024 and May 2025, Wilkinson maintained frequent and direct contact with senior figures in the Ministry, attempting to shape its intellectual backbone. He exchanged ideas on regulatory philosophy and provided input on policy development.

In late August, he corresponded with principal advisor Jonathan Ayto about the proposed Regulatory Standards Bill (RSB).

On September 2 he had a phone call with Moss, exchanged confidential emails, and met with Minister David Seymour and advisor Stuart Wilson. The contents of the email exchange were redacted.

Later that month, Wilkinson and Moss had another call and met for lunch, likely at the Wellington Club.

In December, he spoke again with Seymour and emailed him and Wilson with material from the Cato Institute, a Washington DC-based libertarian think tank.

Records show that in early February 2025, Wilkinson had another call with Moss. A day or two later, chief Advisor Adam Jackson messaged, calling him “a key thinker and influencer in our space”. That same day, Wilkinson met with Jackson and Counsell.

Within days, Wilkinson emailed Counsell and Wilson with thoughts on regulatory compensation principles — a key part of the RSB's approach to protecting property rights.

Between February 19–21, he had three more calls with Moss, the last apparently also involving deputy chief executive Andrew Royle.

In an email that day, Royle acknowledged the Ministry was not engaging widely with stakeholders but said that “doesn’t prevent a social catch-up”. A lunch between Royle, Counsell, and Wilkinson took place in early May.

In March, Wilkinson emailed officials a Cato Institute article on regulatory reform and met Counsell in person.

The Fight for the Regulatory Standards Bill

Wilkinson was also an energetic, behind-the-scenes defender of ACT’s flagship anti-red-tape bill.

He frequently emailed senior officials attacking critics of the RSB, including public law experts and academics.

In a January 2025 message to journalist Pattrick Smellie, which he forwarded to Moss, Royle, and Wilson, he lamented that “such people would actually read what is proposed”.

In a subsequent email to Moss and Wilson, Wilkinson was more scathing: “Our ‘intellectuals’ — like [Jonathan] Boston, [Bill] Easton, [Jane] Kelsey and [Anne] Salmond — are deeply illiberal,” he wrote.

“They write for readers whom they think have been trained, similar to Pavlov’s dogs, to foam at the mouth when they see trigger words like Rogernomes, neo-liberals, profits and capitalism.”

He added: “I do wish the critics would read the relevant academic literature, but no — they just think they know what they are opposing.”

Wilkinson also offered a biting critique of the Law Society’s submission on the legislation and wrote to Parliamentary Commissioner for the Environment Simon Upton offering feedback on his submission.

He explained to officials that he views his role as a proactive counter to misinformation “being generated by the usual suspects and spread by a compliant media” and as a means to provide balance in public debate about the controversial bill.

In a January 2025 email to Royle, Wilkinson wrote: “The media’s enthusiasm for this ‘story’ is so strong that in the last few days I have given two TV interviews and two radio interviews.”

In response to questions from The Post, Wilkinson said he provided “occasional informal input to officials when asked, motivated by a long-standing interest in regulatory quality”.

He added: “Good policy benefits from serious engagement with experienced practitioners, and I’ve never sought or received compensation. My views … are in the public domain.

“My interest is in contributing to a more robust and capable Ministry — not in exerting influence behind the scenes. I believe transparency is served when ideas are openly debated, not when engagement is limited to formal channels … Officials remain free to accept or ignore that advice.”

He stressed he held no public role and exercised no decision-making authority.

Wilkinson argued recommending law and economics expertise was a professional judgment, not an ideological one. “I did not select the candidate … Broadening international search efforts reflects a concern for quality, not control.”

‘A proposal drafted in the interests of a few’

Labour MP Duncan Webb obtained the documents and criticised the Ministry’s relationship with Wilkinson, warning that it undermined democratic accountability.

“Important decisions should be made through a transparent process. Unelected and unaccountable lobbyists should not be in the driving seat when it comes to policy development and the appointment of key public servants.

“I am concerned that Bryce Wilkinson, of the New Zealand Initiative, has been allowed disproportionate influence within the Ministry for Regulation.”

Webb, also spokesperson for regulation, added: “Good policy comes from taking into account a wide range of views from across the political spectrum.

“The poor quality of, and massive opposition to, the Regulatory Standards Bill is a clear example of a proposal drafted in the interests of a few — not the majority of New Zealanders.”

But Royle, currently acting chief executive while Moss returns from attempting to swim Japan’s Tsugaru Strait, said engaging with outside experts was standard practice across government.

“The Ministry is open to input and advice from all parts of civil society, and anyone can contact the Ministry to provide their thoughts,” he said.

“It is important to note that all Government agencies are publicly accountable.”

Royle said the Ministry had planned to advertise overseas for the chief economist role regardless of any advice it received. “The practice of working with outside experts to assist an employment panel is also common across public service recruitment.

“This is especially relevant in the appointment of a role such as chief economist, which requires significant technical expertise.”

A second external economist was also on the panel, he said. “The Ministry follows best practice during recruitment and has robust processes in place to ensure appointments are open, transparent, and merit based.”

Royle said Wilkinson’s comments on submissions on the regulatory stands legislation were his own “and are not considered in the analysis process”.

Seymour defended Wilkinson’s role, calling his unpaid contribution valuable and transparent.

“I would like to thank Dr Bryce Wilkinson, the former Treasury director, for sharing his expertise free of charge. He is one of New Zealand’s leading economists and one of the best people available to be involved in regulatory policy development.”

Seymour said the Government had never made a secret of his involvement.

“I acknowledged his contribution during the first reading of the Regulatory Standards Bill and have consistently credited him in public statements.

“Involving experts from outside government helps us create better policy that supports small business owners, workers, and families alike.

“The alternative is relying entirely on the same bureaucracy who created the red tape problem we’re working hard to solve.”