3.3.008
Opening - Party Submission/Memo
Submissions for Wai 1341/Wai 3077 and Wai 3374 on behalf of Ngāti Rēhia and Ngāi Te Hapū o te Moutere o Mōtiti, 13 May 25 (Filed by I Peters / A Herewini / A Evans)
the Regulatory Standards Bill Urgent Inquiry
13 May 2025
Size: 2.52MB
Wai 3470 PP
Report
The Interim Regulatory Standards Bill Urgent Report – Pre-publication Version
the Regulatory Standards Bill Urgent Inquiry
The Interim Regulatory Standards Bill Urgent Report concerns the proposed Regulatory Standards Bill, which, subject to Cabinet approval, may be introduced to the House of Representatives on 19 May 2025. The Bill is derived from the commitment in the New Zealand National Party–ACT New Zealand coalition agreement to pass, as soon as practicable, a Regulatory Standards Act to ‘improve the quality of regulation’. The Act would introduce several principles of ‘good law-making’ by which future legislation and regulation would be measured. It also allows for prior legislation and regulation to be reviewed and examined for consistency with these principles.
The Crown accepted that its policy development for the Bill occurred without targeted engagement with Māori. The Tribunal found that this was in violation of the Crown’s obligation to consult with Māori in good faith and therefore violated Treaty principles of partnership and active protection.
Regarding the substance of the Bill, the Tribunal found that, if it were to be enacted, it would be of constitutional significance, as it seeks to influence the way Parliament makes law, and therefore it is inherently relevant to Māori.
The Tribunal therefore found that, if the Regulatory Standards Act were enacted without meaningful consultation with Māori, it would constitute a breach of the principles of the Treaty of Waitangi, and specifically the principles of partnership and active protection. The Crown would also be in breach of Treaty principles if it were to introduce the Bill to Parliament without any further consultation with Māori.
The Tribunal found that these breaches have caused, or will cause, prejudice to Māori and that the Crown’s action in progressing the policy without engaging with Māori adequately has been damaging to the relationship between Māori and the Crown. The Tribunal also found that the absence of meaningful engagement with Māori on the potential but unknown impacts of the legislation has caused stress and uncertainty, resulting in further prejudice.
The Tribunal recommended that the Crown immediately halt the advancement of the Regulatory Standards Bill to allow for meaningful engagement with Māori and the dialogue envisioned by the Treaty partnership. In particular, the Crown should meaningfully engage with Māori on whether the proposed legislation is necessary, what further exemptions in the Bill may be required to protect Māori rights and interests, and the potential impact of the proposed ‘rule of law’ principle on Government measures in place to pursue equitable outcomes for Māori.
The Tribunal reserved its jurisdiction to reconsider these issues should the Regulatory Standards Bill be enacted.
The panel comprised Judge Nathan Milner (presiding), Vanessa Eparaima MNZM, Derek Fox, Dr Hana O’Regan ONZM, Kevin Prime MBE, CNZM, and Professor Emeritus David Williams.
16 May 2025
Size: 943KB
3.4.001(a)
Post hearing - Party Submission/Memo
Appendix A: Index and appendices to the memorandum of counsel for the Crown, 20 May 25 (Filed by J Varuhas / D Kleinsman / E Sidnam)
the Regulatory Standards Bill Urgent Inquiry
22 May 2025
Size: 3.52MB
3.4.001
Post hearing - Party Submission/Memo
J Varuhas / D Kleinsman / E Sidnam (Crown), Memorandum of counsel for the Crown updating the Tribunal on the Regulatory Standards Bill, 20 May 25
the Regulatory Standards Bill Urgent Inquiry
22 May 2025
Size: 2.32MB
A015
Other Document
Document bank to further claimant evidence, 8 May 25 (Filed by T Waikato / D Naden / A Johns / L Redward / S Grimberg)
the Regulatory Standards Bill Urgent Inquiry
Due to its size, this document is not available on our website. If you require a copy, please send your name and postal address (no P.O. boxes) to WT_Requests@justice.govt.nz and a USB will be sent to you.
08 May 2025
Size: 0B
3.1.001
Pre hearing Represented - Party Submission/Memo
H Te Nahu / J Matenga, Memorandum of counsel filing statement of claim, 2 May 25
Identity and Culture (Teira and Te Ira) claim
26 May 2025
Size: 2.31MB
1.1.001
Statement of claim (SOC)
Statement of claim of Te Kenehi Teira and Kararaina Te Ira, 2 May 25 (filed by H Te Nahu / J Matenga)
Identity and Culture (Teira and Te Ira) claim
26 May 2025
Size: 2.37MB
2.1.001
New Claim - Trib Memo/Direction/Decision
Memorandum-directions of the Deputy Chairperson registering statement of claim, 26 May 25
Identity and Culture (Teira and Te Ira) claim
26 May 2025
Size: 446KB
3.1.001
Pre hearing Represented - Party Submission/Memo
J Mason, Memorandum of counsel filing statement of claim, 1 Apr 25 (also recorded as Wai 2700, #3.2.31)
Mana Wāhine (Marshall) claim
28 May 2025
Size: 2.24MB
2.1.001
New Claim - Trib Memo/Direction/Decision
Memorandum-directions of the Deputy Chairperson registering statement of claim, 27 May 25 (also recorded as Wai 2700, #2.1.106)
Mana Wāhine (Marshall) claim
28 May 2025
Size: 444KB
