The Regulatory Management System
New Zealand's RMS is the set of policies, institutions, processes and tools used by central government to pursue and maintain good quality regulation.
About regulation
Governments have a finite set of tools they can use to influence outcomes. One of these tools is creating, implementing, and amending regulation.
The government of New Zealand uses regulation to protect the community from harm and to improve the standard of living of its people. Regulation is about influencing people’s behaviour to improve outcomes for all New Zealanders. This involves laws, rules and other ways to influence what people do. The rules, organisations and their practices – the whole regulatory system – work together to shape people’s behaviour and interactions and improve the lives, work and businesses of all New Zealanders.
New Zealand’s Regulatory Management System
The RMS influences the quality of new and existing regulation. It does this by trying to bring more discipline to the:
- development of proposals for regulatory change
- performance and state of our existing regulatory systems, and
- maintenance of appropriate regulatory capabilities.
Key components of the RMS
Most current RMS requirements are set by Cabinet, not in legislation. The exceptions are:
- the Public Service Act, which specifies that chief executives have responsibility for stewarding the legislation their agencies administer
- the Legislation Act, which provides for the role and responsibilities of the Parliamentary Counsel Office (PCO)
- a growing range of international agreements, or treaties, that include obligations for good regulatory practices or regulatory transparency.
Government expectations for good regulatory practice
These Cabinet-mandated expectations provide general guidance on the features of a good regulatory system, and explain what agencies should be doing to meet their regulatory stewardship obligations.
Government Expectations for Good Regulatory Practice (268 KB, Pdf)
Regulatory impact analysis (RIA) requirements
Cabinet’s impact analysis requirements support and inform the government’s decisions on proposals for policy change involving legislation.
Regulatory impact analysis (RIA)
Specialist legislative design and drafting support
The Parliamentary Counsel Office, the Legislation Design and Advisory Committee, and the Ministry of Justice provide a range of support and guidance for government agencies on good legislative design and drafting. This includes publishing the legislation guidelines and associated material.
Legislation guidelinesopen_in_new
Role of the Parliamentary Counsel Officeopen_in_new
Instructing the Parliamentary Counsel Office open_in_new
Constitutional issues and human rights – Ministry of Justiceopen_in_new
The Bill of Rights Act – Ministry of Justiceopen_in_new
Disclosure statements for Government-initiated legislation
Government agencies need to publish a disclosure statement for most government Bills and Amendment Papers when they’re introduced. A disclosure statement provides information about the policy background, development and content of the proposed legislation.
Disclosure statements for government legislation
Regulatory system stewardship
Under the Public Service Act 2020, and the Government Expectations for Good Regulatory Practice, all government agencies in New Zealand have stewardship responsibilities for:
- the legislation they administer, and
- the regulatory systems in which they play key roles.
These responsibilities are concerned with the proactive and collaborative governance, monitoring, and care of the relevant regulatory systems.
Support for regulators
We help regulators become more capable practitioners, and better stewards of the regulatory systems they design, operate and govern.
What we’re working towards
As the Ministry for Regulation, we’re the central steward of the RMS. The outcomes we're working to deliver are:
- higher quality regulation: Government resources are combined and focused to improve the quality of regulation and the performance of regulatory systems
- greater transparency: the Government and the public are informed about the purpose, costs, benefits, and outcomes of regulation being used in New Zealand
- improved public trust and confidence: the public have better experiences with, and perceptions of, regulation and regulatory systems
- increased capability: regulators and regulatory leaders are more capable stewards and operators of regulatory systems.
Other responsible agencies
We work collaboratively with other agencies to maintain the RMS.
The PCO:
- provides specialised legislative design and drafting support for NZ legislation
- publishes authoritative versions of NZ’s primary and secondary legislation
- promotes the coherence, constitutionality and accessibility of NZ’s legislation
- provides leadership and support to the Legislation Design and Advisory Committee.
MBIE:
- provides oversight of the policies that assess and address the impact of government regulation on business
- promotes international regulatory coherence
- shares responsibility for representing NZ internationally with the Ministry.
MoJ:
- has general policy responsibility for promoting the rule of law
- advises on legislative proposals impacting on human rights, offences and penalties, and courts and tribunals.