4 September 2024
Andrew Riddell
[FYI request #27966 email]
Official information request
Our ref: MFR-24OIA008
Tēnā koe Andrew
I refer to your Official Information Act 1982 (OIA) request received on 7 August 2024. You requested:
Please provide copies of
1. the documentation that sets out the Ministry for Regulation's mandate and powers,
2. terms of reference,
3. operating instructions,
4. all directions and instructions from the Minister for Regulation, and
5. criteria used to assess regulations.
Items 1-3- Documentation, terms of reference, operating instructions
On 1 March 2024, the Ministry for Regulation was established to provide leadership across
government for improvements in the quality of regulation and the performance of regulatory
systems. The Ministry is a central government agency tasked with improving the regulations
imposed by the Government, to make them better, more streamlined, and easier for
New Zealanders to navigate. You can access the establishing Orders in Council in the links provided
in the table provided under item 4.
The Cabinet paper
Establishment of the Ministry for Regulation is another establishing document
for the Ministry and is also provided in the table. The paper sets out the roles, functions and
operating expectations of the Ministry.
Establishment activities are ongoing and some of the documentation you have requested does not
exist yet. A new Regulatory Standards Bill which will set out the Ministry’s powers is under active
consideration and the Ministry’s Strategic Intentions will be publicly available soon.
Regarding your request for terms of reference, the Ministry as a whole does not have terms of
reference, however we do have terms of terms of reference for both of the regulatory reviews that
are underway. The terms of reference for the early childhood education regulatory review and the
agricultural and horticultural products regulatory review can be accessed through our website:
Early childhood sector: https://www.regulation.govt.nz/regulatory-reviews/early-childhood-
education-ece-regulatory-sector-review.
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Agricultural and horticultural products: https://www.regulation.govt.nz/regulatory-
reviews/agricultural-and-horticultural-products-regulatory-review
Item 4- Directions and instructions from the Minister for Regulation
I have interpreted item 4 of your request as referring to directions and instructions to the whole
Ministry rather than those relating to specific matters, such as responses to briefing papers or
other Ministerial advice. You can find the directions and advice the Ministry follows in the
documents in the table below. The forthcoming Strategic Intentions document will set out the
Ministry’s objectives and priorities as agreed with the Minister.
Date
Document
Title
Website
Various- Proactive release
Treasury advice on the
https://www.treasury.govt.
1/11/23- (multiple documents)
establishment of the
nz/publications/informatio
18/12/23
Ministry for Regulation
n-release/treasury-advice-
establishment-ministry-
regulation
12/12/23
Treasury Report
Letter to the Prime Minister https://www.treasury.govt.
outlining proposed scope
nz/sites/default/files/2024-
and working arrangements
04/mfr-4954042.pdf
for the Regulation portfolio
17/01/24
Cabinet Paper
Establishment of the
https://www.publicservice.
Ministry for Regulation
govt.nz/assets/DirectoryFile
/Cabinet-Paper-
Establishment-of-the-
Ministry-for-
Regulation.pdf
15/02/24 Cabinet paper
Public Service (Ministry for
Cabinet-Paper-Public-
Regulation) Order 2024 and Service-Ministry-for-
Ombudsmen (Ministry for
Regulation-Order-2024-
Regulation) Order 2024
and-Ombudsmen-Ministry-
for-Regulation-Order-
2024.pdf
(publicservice.govt.nz)
Item 5 – Criteria used to assess regulations
The Ministry uses the
Government Expectations for Good Regulatory Practice to assess regulations.
A copy of this document can be found at: https://www.treasury.govt.nz/sites/default/files/2015-
09/good-reg-practice.pdf.
The Ministry is also guided by criteria developed when the regulatory oversight function resided
with the Treasury, including its
2020 Regulatory Stewardship Reporting Framework. A copy of the
Framework is attached. The Treasury’s regulatory functions, including responsibility for the public
service regulatory management system, transferred to the Ministry on 1 May 2024. More
information and resources associated with developing and maintaining good quality regulation
can still be found on the Treasury website: https://www.treasury.govt.nz/information-and-
services/regulation.
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