2.5.005
Pre hearing - Trib Memo/Direction/Decision
Memorandum-directions of the Presiding Officer regarding participation in the urgent inquiry and responding to urgent Crown update, 9 May 25
the Regulatory Standards Bill Urgent Inquiry
09 May 2025
Rahinga: 580KB
2.5.002
Pre hearing - Trib Memo/Direction/Decision
Memorandum-directions of the Chairperson regarding the application for an urgent inquiry, 18 Feb 25 (Also recorded as Wai 3440, #2.5.1)
the Regulatory Standards Bill Urgent Inquiry
08 May 2025
Rahinga: 570KB
2.5.005(c)
Pre hearing - Trib Memo/Direction/Decision
Appendix C: Updated inquiry timetable for the Regulatory Standards Bill (Wai 3470) Urgent Inquiry, 9 May 25
the Regulatory Standards Bill Urgent Inquiry
09 May 2025
Rahinga: 118KB
2.5.003(a)
Pre hearing - Trib Memo/Direction/Decision
Appendix A: Inquiry timetable for the urgent inquiry, 28 Apr 25 (Also recorded as Wai 3440, #2.5.6(a))
the Regulatory Standards Bill Urgent Inquiry
08 May 2025
Rahinga: 408KB
2.5.005(b)
Pre hearing - Trib Memo/Direction/Decision
Appendix B: Interested parties to the Regulatory Standards Bill (Wai 3470) Urgent Inquiry, 9 May 25
the Regulatory Standards Bill Urgent Inquiry
09 May 2025
Rahinga: 483KB
2.5.004
Pre hearing - Trib Memo/Direction/Decision
Memorandum-directions of the Presiding Officer releasing the Tribunal statement of issues, 2 May 25
the Regulatory Standards Bill Urgent Inquiry
08 May 2025
Rahinga: 505KB
2.5.003
Pre hearing - Trib Memo/Direction/Decision
Decision on Wai 3440 application for urgent inquiry, 28 Apr 25 (Also recorded as Wai 3440, #2.5.6)
the Regulatory Standards Bill Urgent Inquiry
08 May 2025
Rahinga: 591KB
2.5.005(a)
Pre hearing - Trib Memo/Direction/Decision
Appendix A: Submissions regarding interested party status, 9 May 25
the Regulatory Standards Bill Urgent Inquiry
09 May 2025
Rahinga: 438KB
Wai 3470 PP
Report
The Interim Regulatory Standards Bill Urgent Report – Pre-publication Version
the Regulatory Standards Bill Urgent Inquiry
The Interim Regulatory Standards Bill Urgent Report concerns the proposed Regulatory Standards Bill, which, subject to Cabinet approval, may be introduced to the House of Representatives on 19 May 2025. The Bill is derived from the commitment in the New Zealand National Party–ACT New Zealand coalition agreement to pass, as soon as practicable, a Regulatory Standards Act to ‘improve the quality of regulation’. The Act would introduce several principles of ‘good law-making’ by which future legislation and regulation would be measured. It also allows for prior legislation and regulation to be reviewed and examined for consistency with these principles.
The Crown accepted that its policy development for the Bill occurred without targeted engagement with Māori. The Tribunal found that this was in violation of the Crown’s obligation to consult with Māori in good faith and therefore violated Treaty principles of partnership and active protection.
Regarding the substance of the Bill, the Tribunal found that, if it were to be enacted, it would be of constitutional significance, as it seeks to influence the way Parliament makes law, and therefore it is inherently relevant to Māori.
The Tribunal therefore found that, if the Regulatory Standards Act were enacted without meaningful consultation with Māori, it would constitute a breach of the principles of the Treaty of Waitangi, and specifically the principles of partnership and active protection. The Crown would also be in breach of Treaty principles if it were to introduce the Bill to Parliament without any further consultation with Māori.
The Tribunal found that these breaches have caused, or will cause, prejudice to Māori and that the Crown’s action in progressing the policy without engaging with Māori adequately has been damaging to the relationship between Māori and the Crown. The Tribunal also found that the absence of meaningful engagement with Māori on the potential but unknown impacts of the legislation has caused stress and uncertainty, resulting in further prejudice.
The Tribunal recommended that the Crown immediately halt the advancement of the Regulatory Standards Bill to allow for meaningful engagement with Māori and the dialogue envisioned by the Treaty partnership. In particular, the Crown should meaningfully engage with Māori on whether the proposed legislation is necessary, what further exemptions in the Bill may be required to protect Māori rights and interests, and the potential impact of the proposed ‘rule of law’ principle on Government measures in place to pursue equitable outcomes for Māori.
The Tribunal reserved its jurisdiction to reconsider these issues should the Regulatory Standards Bill be enacted.
The panel comprised Judge Nathan Milner (presiding), Vanessa Eparaima MNZM, Derek Fox, Dr Hana O’Regan ONZM, Kevin Prime MBE, CNZM, and Professor Emeritus David Williams.
16 May 2025
Rahinga: 943KB
2.2.001
SOC Amendment - Trib Memo/Direction/Decision
Memorandum-directions of the Deputy Chairperson registering amended statement of claim for Wai 3073, 30 Apr 25 (Also recorded as Wai 3073, #2.2.7)
the Regulatory Standards Bill Urgent Inquiry
09 May 2025
Rahinga: 421KB
