The efficacy of a submission is dubious in this Bill's case

Otago Daily Times

22-06-2025

David Seymour. File photo: Gregor Richardson
We can now see on the Ministry of Regulation website a "summary of submissions" as a result of a consultation on the proposed Regulatory Standards Bill.
The summary is dated May 2025, so we cannot be sure as to when it was published. We do know that the Bill itself was given its first reading on May 19 and is now before the select committee.
The minister in charge of the Bill would have us believe that there is both widespread support for a grave need to legislate a prescriptive standard for our laws and regulations to comply with, and also that his, or the Act New Zealand party's, formula for such legislation is that which the public was asked to make a submission on, in December 2024.
On closer examination, the minister's pronouncements would appear to be somewhat of a stretch, or perhaps he is not familiar with the summary of the submissions made on the proposal and now published by his own ministry.
The executive summary contained in the document records the receipt of "approximately 23,000 submissions" (1) and that "analysis showed that 20,108 submissions (around 88%) opposed the Bill, 76 submissions (0.33%) supported or partially supported it, and the remaining 2637 submissions (about 12%) did not have a clear position".
It does not take a genius to conclude that by a huge majority of those that responded to the consultation, this Bill is not wanted nor seen as necessary. Less than a third of 1% of those citizens who knew or cared enough about this important issue expressed support for it.
A summary of reasons for opposing the proposed Bill included that it would "attempt to solve a problem that doesn't exist"; "result in duplication and increase complexity in lawmaking"; "undermine future Parliaments and democracy"; "lack recognition and provision for the Treaty of Waitangi"; "prioritise individual property rights over the collective"; and "lead to worse social, environmental and economic outcomes".
Notwithstanding this overwhelming expression of opposition to the proposed Bill, we find it introduced to the House with none of these matters having been addressed, the minister in charge (David Seymour) stating with confidence that it will be passed in the current session of Parliament and come into effect on January 1, 2026.
That the minister, with the support of his coalition partners, can bring this Bill into law is not questioned. The question is whether it is in the interest of his major coalition partner to continue to support this Bill without, at least, addressing the issues that have been raised by an overwhelming majority of submissions in its consultation stage.
These will no doubt be mirrored in the submissions to the select committee, charged with considering the Bill, as was the case with the Treaty Principles Bill. The potential negative effects of this Bill arguably outweigh those of the Treaty Principles Bill, which both National and New Zealand First did not support past the first reading.
Historically, two National party-led governments have rejected legislation in the same form as now presented for very sound constitutional and political reasons. These reasons remain as sound and as pressing as ever.
Our prime minister will be treading a very narrow path should he choose to overlook the historical rejections of this Bill by earlier National Party-led governments and enact legislation contrived and promoted by the founders of Act, which blatantly tips the balance in favour of the protection and enhancement of property rights over those of good governance and preservation of the common good.
Such a step, in combination with the negative response to the recent unseemly passage of the Fair Pay Amendment Act 2025 and the excessive response by the coalition parties to the performance of Ka Mate in the House, could see dark clouds gather over the prospects of this coalition retaining the Treasury benches come November 2026.
• Noel O'Malley is a Balclutha lawyer. He is a past president of the Otago District Law Society.