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Inquiry into oversight of disallowable instruments

19 February 2014

Media release – Regulations Review Committee

Inquiry into oversight of disallowable instruments that are not legislative instruments

Hon Maryan Street, Chairperson of the Regulations Review Committee, announced today that the Regulations Review Committee has initiated an inquiry into oversight of disallowable instruments that are not legislative instruments (DINLIs).

Parliament may delegate its lawmaking power to other persons or bodies by authorising the making of delegated legislation. DINLIs are a category of delegated legislation.

Prior to the advent of the Legislation Act 2012, they were known as deemed regulations.

The practice of deeming instruments as regulations has existed for over twenty years.

The Regulations Review Committee considers it is timely to assess how DINLIS are made and notified.

The terms of reference are for the inquiry to consider: 1. Difficulties with easily identifying instruments as DINLIs, including:

• instruments not identifying themselves as DINLIs in the Gazette;
• instruments not being presented to the House in accordance with statutory requirements;
• instruments presented to the House not being separately categorised as DINLIs on the parliamentary website.

2. What guidance is currently available to entities that have authority to make DINLIs about how to make and notify DINLIs, and whether further guidance about good practice might be helpful.

3. Any implications for the process of making and notifying DINLIs that arise from the repeal of the Regulations (Disallowance) Act 1989 and the coming into force of the Legislation Act.

Given the specialised subject-matter of this inquiry, the committee will invite submissions from relevant organisations including government agencies, the New Zealand Centre for Public Law and the New Zealand Law Society.

ENDS

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