Recommendations
46. It is recommended that the Committee
1. Note that on 30 April 2007, Cabinet invited
the Minister of Commerce to report to the Cabinet Policy Committee with the
Quality Regulation Review – Final Report by 31 July 2007, which was subsequently
extended to 30 August 2007 [CAB Min (07) 14/6 and POL Memo (07) 11/3 refer];
2. Note that progress to address issues raised
by business as part of the Quality Regulation Review has occurred across a range
of areas, and includes both legislative and non-legislative solutions, and that
a summary of some of the key responses is provided in Annex One of this report;
3. Note that the key findings of the Review
that will inform the post- Review approach to ensuring the quality of New Zealand's
regulatory environment are:
3.1 The need to consider the stock and flow of regulation,
as well as all stages of the regulatory lifecycle;
3.2 Implementation of regulation is as important as design;
3.3 More can be achieved by government and business working
together to identify and address regulatory concerns;
3.4 Constant vigilance is critical for maintaining a quality
regulatory environment; and
3.5 Fixes to poor regulatory outcomes are diverse, with no
"one size fits all";
4. Agree that the government's post-Quality
Regulation Review approach to ensuring the quality of New Zealand's regulatory
environment focus on the following four objectives:
4.1 Ensuring the quality of new regulation;
4.2 Improving the quality of existing regulation;
4.3 Developing a culture of good regulatory practice; and
4.4 Building the capability of regulators and of business;
5. Invite the Minister of Commerce to report
further to the Cabinet Policy Committee on options available for the ongoing
review of the quality of regulations by 15 October 2007;
6. Invite the Ministers of Justice, Food Safety
and Commerce to report to the Cabinet Policy Committee by 30 November 2007 on
options to reduce the compliance costs to winemakers who do not sell wine for
consumption on their premises, while ensuring the risks relating to the sale
and supply of alcohol, especially to minors, are managed;
7. Invite the Ministers of Justice and Internal
Affairs to report to the Cabinet Policy Committee by 30 November 2007 on whether
there are opportunities to improve the targeting of training requirements for
identifying problem gamblers and the holding of liquor licences in a way that
addresses the actual risks posed by different venue operators and different
types of venue operator, while taking into account their prior learning and
track-record;
8. Note that a number of issues relating to
the interaction of the Shop Trading Hours Repeal Act 1990,
Holidays Act 2003,
and the Sale of Liquor Act 1989 were raised by businesses during the Quality
Regulation Review, and that the Ministers of Labour and Justice will report
to the Cabinet Business Committee seeking the release of a discussion document
on options to address the inconsistencies around trading on restricted trading
days by 30 August 2007;
9. Note that the Ministry of Economic Development
will report to the Minister of Commerce as appropriate on projects aimed at
achieving the objectives set out in recommendation 4, as part of its 2007/08
work programme, including:
9.1 opportunities for further enhancing existing regulatory
process disciplines; and
9.2 whether a fast track legislative vehicle (i.e. Omnibus
Bill) could be used on a regular basis to remedy failures in regulatory frameworks;
10. Direct the Ministry of Economic Development,
in consultation with relevant stakeholders, to report to the Cabinet Policy
Committee by 31 March 2008 with detailed proposals for undertaking a programme
of in-depth sector studies, including proposed criteria for selecting sectors
or cross-sector legislation to be studied, and a draft programme of studies
for 2008-2013;
11. Direct the Ministry of Economic Development
(lead), Inland Revenue, Department of Statistics and the Accident Compensation
Corporation to report to the Cabinet Policy Committee by 30 April 2008 on initiatives
to progress sharing of government held information, including details of:
11.1 the business case, governance arrangements, project plan
and timetable for implementing Standard Business Reporting;
11.2 Ministerial sponsor and Cabinet oversight arrangements;
11.3 governance arrangements, including the need for the Privacy
Commissioner's involvement and other relevant parties;
11.4 the cross-departmental project team and the vote implications;
11.5 a high level project plan and timeframe from 2008/2009 to
2009/2010; and
11.6 detailed analysis as to the feasibility and/or requirements
for the establishment of a Centralised Information Repository;
12. Agree that the Sector Studies report, attached
as Annex Two, be made publicly available as soon as possible, subject to any
minor editorial changes agreed by the Minister of Commerce;
13. Note that, following Cabinet decisions,
the Minister of Commerce intends to make a press statement as soon as practical,
outlining the key messages in this paper;
14. Note that the Minister of Commerce will,
as appropriate and in consultation with the relevant Ministers, coordinate announcements
on the key messages in this paper with those on the outcome of the building
and resource consent interface project, also being considered by Cabinet in
August 2007;
15. Note that this paper will be published
on the website of the Ministry of Economic Development as the Review's Final
Report, along with the Sector Studies Report, subject to any appropriate withholdings
that may be required in accordance with the Official Information Act 1982, including
the removal of any legally privileged advice.
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