The Coalition Agreement between National and ACT includes a commitment to pass the “Regulatory Standards Act as soon as practicable”.   

How fast is that? What is it, what does it do, and what might its passing mean? 

It could be at the front end of the legislative pipeline. A well-developed Bill exists. The House debated it on 4 August 2021. National and ACT voted for it to proceed to a first reading, but Labour used its majority to scotch it. 

The Bill is the product of a 2009 government-appointed Regulatory Responsibility Taskforce chaired by former Secretary to the Treasury, Dr Graham Scott. I was a member of that taskforce.  

The taskforce was greatly assisted, pro bono, by one of New Zealand’s top law firms Chapman Tripp. Staff from the Parliamentary Counsel Office helped draft the Bill.  

Its report explains each of the Bill’s provisions. There is a copy on The Treasury’s website. 

The Bill aims to make it harder for government to pass bad laws.  

First, it enumerates accepted mainstream principles for a legal system and for regulatory assessment. These include the rule of law, protection of basic personal liberties, security of possession, principled taxation, independent courts and impartial tests of good law-making, including a meaningful assessment of likely benefits and costs. 

Second, it requires a minister sponsoring a specific measure to certify that it complies with those principles and, if not, to explain any exceptions. 

So what? The Bill allows any citizen to contest the minister’s certification in a court. It gives the court the power to declare that a measure is incompatible with any of the principles.  UK courts have such a power under the UK Human Rights Act. 

The 2009 Bill is weak beyond this point. Even if the citizen wins, nothing is changed. The measure retains its legal force unless Parliament changes its mind. It is under no obligation to do so. 

As such the Bill is a transparency measure. It merely makes it harder for the government of the day to impose poor-quality laws and regulations. 

Some of those making submissions on the Bill will want to amend it to give a successful plaintiff a tangible remedy. Options exist. 

Others will oppose even this modest transparency measure. Some may argue existing checks on legislative quality are adequate. That criticism is unworldly. 
 

Are you suffering from post-election fatigue? Did you feel the whole campaign was overly long and protracted, and a little boring?  

And then the coalition negotiations – they dragged and dragged. It took so long that the planned mini-budget before Christmas will probably only contain our new government’s holiday plans.  

Well, you’re not alone. The International Doctor’s Intentional Oversight Team have reported that over 70% of New Zealanders are suffering from a condition known as “just a little bit sick of the whole thing, to be honest”. 

Thankfully, the brainboxes at I.D.I.O.T. have found a cure.  

It’s Dutch courage. 

Or, more specifically, we should all aspire to have the courage of the Dutch.  

It turns out we’re a little bit weak stomached here in New Zealand. Did campaigning begin a little before the official period? Did the coalition negotiations take 6 weeks? Boo hoo.  

The Dutch would cackle at such feeble-minded tripe.  

You may not be aware, but the Dutch have just had an election too. And they’re doing it properly – have the biggest winner be an unpalatable reactionary fearmongering strongman who yells at strawmen and who surely can’t get anyone else to work with him. 

Meanwhile, make sure no one gets over 25% to ensure that no one has any idea what the next government would look like.  

But why is that ideal, I hear you ask? 

Well, it’s simple. Coalition negotiations! 

Thinking 6 weeks is a long time for a coalition negotiation is embarrassingly weak-willed. 6 weeks is roughly the amount of time it takes us to not win a world cup. Hardly anything at all! 

The Dutch, however, know how to do coalition agreements.  

It is feared hoped that coalition negotiations may take months to complete. Months! And the last time they had an election? 271 days to finally strike a deal. 

Now that is a proper negotiation.  

Honestly, our 6 weeks makes it seem like our new government haven’t taken this seriously at all.  

How can you squeeze what takes the Dutch nearly a year into less than two months? Either our new government has rushed things, or the Dutch system is wildly inefficient. 

And why would we think that they’re inefficient when they have such lovely windmills?  

New Zealand, we need to toughen up. Our current ineptitude is depriving us of months and months of sweet, sweet, political uncertainty. 

Courage of the Dutch indeed.