Introduction of the Regulatory Standards Bill

What is the Regulatory Standards Bill ?

This purpose of the Bill is stated as “to improve the quality of laws in New Zealand by making the law making process more transparent and accountable.  It aims to reduce poor or unnecessary rules and ensure laws respect key principles like fairness, personal freedoms, and proper use of taxes.”  

The Bill provides a platform for Parliament to check laws more closely and keep better control over powers given to government agencies.  It requires Ministers and agencies to check if new and existing laws follow these principles and to publicly explain any issues.

Public Consultation for the Regulatory Standards Bill

Initial public consultation on the proposed Regulatory Standards Bill ran from 19 November 2024 to 13 January 2025.  During this period, the Ministry for Regulation received around 23,000 submissions, with approximately 88% opposing it.  

Key concerns included the Bill's necessity, potential overlap with existing regulatory tools and risks to Māori rights and Te Tiriti o Waitangi as well as potential negative impacts on social, environmental, and economic outcomes.  The consultation process itself was also criticised for its short timeframe, lack of proper engagement with Māori, and limited transparency.

The Tribunal Inquiry

In response to the concerns over the proposed Regulatory Standards Bill which were brought to the Waitangi Tribunal, the Tribunal held an urgent inquiry into the Regulatory Standards Bill.  The Tribunal heard claimant and Crown submissions on 14 May 2025 and released an interim report on 16 May 2025.

The Waitangi Tribunal found that:

· The Crown breached the Treaty principles of partnership and active protection by failing to meaningfully consult with Māori before Cabinet took significant decisions as to the content of the proposed Regulatory Standards Bill on 5 May 2025.

· Introducing the Bill to Parliament and proceeding to enact the act without meangingful consultation with Māori would further breach treaty principles of partnership and active protection.

· The Bill could affect a wide range of Māori rights, not just those addressed in settlement or redress legislation. It expressed concern about the Bill’s sub-principle that “every person is equal before the law,” which could be used to challenge laws designed to achieve equity for Māori.

· The Crown has a duty, shaped by New Zealand’s colonial history, to actively seek fair and equitable outcomes for Māori through inclusive and informed legislative processes.

The panel found that two core strains of prejudice arise, or will arise from the findings above to Māori, these being:

· Damage to the Crown and Māori relationship due to the Crown’s action in progressing the policy without engaging with Māori adequately and;

· Emotional distress and uncertainty arising from the unclear impacts of the Bill, due to the Crown’s failure to engage meaningfully with Māori.

Recommendations

The Tribunal recommended that the Crown pause progress on the Bill and initiate genuine consultation with Māori on both the Bill’s necessity and its possible consequences.  Despite this recommendation, the Government introduced the Bill on 18 May and passed its first reading on 22 May.  This has led to further concern about the Crown’s commitment to working in partnership with Māori.

While the Regulatory Standards Bill aims to improve how laws are made in New Zealand, it has raised major concerns regarding its impact on Māori rights and Te Tiriti o Waitangi.  Public consultation showed strong opposition, and the Waitangi Tribunal found that moving forward without proper Māori engagement would further breach Treaty principles.

Public submissions to the Select Committee are open until 23 June 2025.

Carmen Mataira is a Senior Solicitor in our Kahurangi Tiriti team and can be contacted on 07 958 7444.