Engaging with the Ministry on regulatory initiatives

Good analysis of the impacts of regulation relies on getting a good start, with:

• a focused problem definition
• clear objectives for government intervention, and
• an exploration of all feasible options – including the option of no regulation.

As the government's lead regulatory advisor, the role of the Ministry for Regulation (the Ministry) includes monitoring the flow of new regulation and looking for improvements across all portfolios.

From 1 January 2025, agencies must contact us as soon as possible after policy work begins on an issue that may result in a regulatory proposal being recommended to Cabinet.

We’ll review information about:

• the problem being targeted
• the rationale for government intervention
• the proposed policy objectives, and
• consultation plans.

Our engagement will prioritise regulatory proposals that have the potential for significant impacts or risks, and be guided by the degree to which the use or exchange of property rights may be affected.

Agencies should contact us using our early engagement form.

When an agency works to change legislation, they must provide Cabinet with an analysis of the likely impact of the regulatory changes being proposed. This is known as regulatory impact analysis (RIA).   The level of analysis should be proportionate to the significance of the change, and in some cases an exemption will apply.

Details of a regulatory proposal should be submitted to the Ministry through our RIA Online system so we can confirm the right approach, and ensure compliance with Cabinet’s RIA requirements.

Meeting the regulatory impact analysis (RIA) requirements

As the government’s lead regulatory advisor, the Ministry has responsibility for providing second opinion advice on regulatory initiatives. 

When policy work gets to the stage of a proposal being developed for Cabinet consideration, the Ministry must be consulted on the draft Cabinet paper. 

If you need to contact us urgently, please email agencyconsultation@regulation.govt.nz.

Ideally, as a policy is being developed, consultation should also take place with:

• other agencies
• key stakeholders, and
• interest groups. 

For policy that may lead to regulation, consultation with the Ministry should occur as soon as possible once work starts, as outlined in the early engagement section above.

The need for consultation on Cabinet papers is in addition to both:

• early engagement on work that may result in a regulatory proposal, and
• the requirements for consultation associated with the regulatory impact analysis process (RIA Online).