David Seymour Lashes Officials After LINZ Becomes Latest Agency Raising Concerns About His Regulatory Standards Bill
Documents show Land Information New Zealand (LINZ) officials issued the warning to the Ministry of Regulation in March after it asked for feedback.
Regulation Minister David Seymour has hit back at the criticisms, blasting officials for not prioritising New Zealanders' rights, saying it's proof the bill is needed.
Earlier, RNZ revealed Ministry for Business, Innovation and Employment officials raised fears the bill could be much more expensive than previous estimates, and could lead to business uncertainty, slowing economic growth.
LINZ, which has a key role in managing Crown land, land title systems and regulatory frameworks that govern land use and access, said the "overly rigid emphasis" on property interests could affect the government's ability to acquire land for infrastructure or public good projects. It also worried it would create "legal barriers for returning land to iwi" under Treaty of Waitangi settlements, according to feedback obtained by environmental activist group Greenpeace under the Official Information Act.
"While strong property rights are important, an overly rigid emphasis on property rights may conflict with broader regulatory objectives, including the Government's ability to acquire land for infrastructure or public good projects," officials wrote.
"The potential cost and resource implications to comply with the new requirements could be significant, depending on the guidance issued by the Minister," it told the ministry.
LINZ also warned the bill could limit the ability to respond quickly to emergencies, such as natural or climate-related disasters.
The agency declined to be interviewed or answer further questions about the concerns it raised. It did not give any details about the extra costs it might face.
Officials 'see rights as an inconvenience' - Seymour
Regulation Minister David Seymour said LINZ's comments were "worrying."
"LINZ do important work, including administering the Public Works Act, which they well know already requires compensation for taking people's land. That makes their comments surprising, and worrying," Seymour said in a statement to RNZ.
"At their heart, they see New Zealanders' rights as an inconvenience, when they are supposed to be public servants.
"The comments they have made further prove the need for the Regulatory Standards Bill. Public Servants should not see respecting people's rights as an inconvenience, it is one of their duties."
Seymour said ministers could "ignore the bill" in a crisis or emergency situation, while Treaty Settlement Bills were also exempt from consideration under the bill.
Officials criticisms of the bill were proof it was needed, he said.
"One thing that is becoming clear from some government departments' criticisms of the bill is that they don't take New Zealanders' rights seriously, seeming to see them as a nuisance that stops them making rules and going home early. Public servant attitudes to our basic rights, as shown in some of their comments, are another good reason why we need the Regulatory Standards Bill."
'Stark warning' about a 'dangerous bill'
Greenpeace said LINZ's comments were a "stark warning", especially as flood-hit Tasman faces a huge clean up after three storm events in recent weeks.
Infrastructure was urgently needed to prepare for, and recover from climate disasters, said spokesperson Gen Toop.
"Things like flood protection, transport and communication links, and renewable energy," she said.
"The Regulatory Standards Bill is dangerous. It would tie the Government's hands at the very moment when urgent climate action and disaster preparation are needed most.
"This new warning is yet another nail in the coffin for this doomed bill. It has attracted blistering criticism from the United Nations, legal experts, health professionals, Māori leaders, environmental groups, and the public service itself," said Toop.
Several government agencies have sounded warnings about the bill, including the Treasury which predicted the it could "adversely impact the cost and speed of government infrastructure projects and public works in the future."
According to the Ministry for Regulation, the proposed Regulatory Standards Bill (RSB) seeks to "establish a benchmark for good legislation" by introducing a set of principles of "responsible regulation". Essentially, the bill creates a set of rules that all lawmakers must consider in regulation design.
The law would also set up a Regulatory Standards Board, which would respond to concerns raised around the consistency of regulation. Appointed by the Regulation Minister, the board would be able to make non-binding recommendations, much like the Waitangi Tribunal.
The bill is currently with the finance and expenditure committee, which is expected to report back in November. If it passed into law, it would likely take effect at the start of next year.
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