Plain language law

New Zealand law explained for everyone

This page is about a bill. That means that it's not the law yet, but some people want it to be the law. It could change quickly, and some of the information is just a draft.

Regulatory Standards Bill

Principles of responsible regulation and regulatory stewardship - Principles of responsible regulation

8: Principles of responsible regulation

You could also call this:

"Rules for making fair and sensible laws"

This new law wants to make sure rules are fair and make sense. It says that laws should be easy to understand and treat everyone the same. You should know what the law is before it affects you.

The law says that your freedom and property should be protected. If the government needs to take your property, they should have a good reason and pay you fairly.

The government should be careful about charging you money. If they charge you for something, it should match the cost of providing it.

Courts should be able to explain what laws mean. If someone in the government makes a decision about you, you should be able to ask someone else to check if it's fair.

Before making new laws, the government should talk to people who will be affected. They should think carefully about whether a new law is really needed and what good or bad things might happen because of it.

New laws should do more good than harm. They should be the best way to solve a problem.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

This page was last updated on

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS1016794.

Topics:
Government and voting > Government departmentsRights and equality > Anti-discrimination
Previous

7: Act binds the Crown, or

"This law applies to everyone, even the government"

Next

9: Review of consistency of Bill with principles, or

"Checking if new laws follow good rules"

Part 2Principles of responsible regulation and regulatory stewardship
Principles of responsible regulation

8Principles of responsible regulation

  1. The principles of responsible regulation are as follows:

    Rule of law

  2. the importance of maintaining consistency with the following aspects of the rule of law:
    1. the law should be clear and accessible:
      1. the law should not adversely affect rights and liberties, or impose obligations, retrospectively:
        1. every person is equal before the law:
          1. there should be an independent, impartial judiciary:
            1. issues of legal right and liability should be resolved by the application of law, rather than the exercise of administrative discretion:

              2. Liberties

            2. legislation should not unduly diminish a person’s liberty, personal security, freedom of choice or action, or rights to own, use, and dispose of property, except as is necessary to provide for, or protect, any such liberty, freedom, or right of another person:

                1. Taking of property

              1. legislation should not take or impair, or authorise the taking or impairment of, property without the consent of the owner unless—
                1. there is a good justification for the taking or impairment; and
                  1. fair compensation for the taking or impairment is provided to the owner; and
                    1. the compensation is provided, to the extent practicable, by or on behalf of the persons who obtain the benefit of the taking or impairment:

                      2. Taxes, fees, and levies

                    2. the importance of maintaining consistency with section 22 of the Constitution Act 1986 (Parliamentary control of public finance):
                      1. legislation should impose, or authorise the imposition of, a fee for goods or services only if the amount of the fee bears a proper relation to the cost of providing the good or service to which it relates:
                        1. legislation should impose, or authorise the imposition of, a levy to fund an objective or a function only if the amount of the levy is reasonable in relation to both—
                          1. the benefits that the class of payers is likely to derive, or the risks attributable to the class, in connection with the objective or function; and
                            1. the costs of efficiently achieving the objective or providing the function:

                              2. Role of courts

                            2. legislation should preserve the courts’ constitutional role of ascertaining the meaning of legislation:
                              1. legislation should make rights and liberties, or obligations, dependent on administrative power only if the power is sufficiently defined and subject to appropriate review:

                                  1. Good law-making

                                1. the importance of consulting, to the extent that is reasonably practicable, the persons or representatives of the persons that the responsible agency considers will be directly and materially affected by the legislation:
                                  1. the importance of carefully evaluating—
                                    1. the issue concerned; and
                                      1. the effectiveness of any relevant existing legislation and common law; and
                                        1. whether the public interest requires that the issue be addressed; and
                                          1. any options (including non-legislative options) that are reasonably available for addressing the issue; and
                                            1. who is likely to benefit, and who is likely to suffer a detriment, from the legislation:
                                            2. legislation should be expected to produce benefits that exceed the costs of the legislation to the public or persons:
                                              1. legislation should be the most effective, efficient, and proportionate response to the issue concerned that is available.