Publication Requirements for RISs
Publication requirements for RISs are set out in paragraphs 55-57 and appendix 3 of the Regulatory Impact Analysis Guidelines and are also contained in the Cabinet Circular on the RIA regime [CO (07) 3, para 22-25].
Under the enhanced RIA regime, all RISs are required to be:
- attached to or referenced in the press statement announcing any new policy (for example, provide a link to the internet page where the RIS has been posted);
- lodged on the responsible department's website, and on the dedicated Ministry of Economic Development (MED) website http://www.med.govt.nz/regulatory-impact; and
- included in the explanatory note to bills that are introduced into the House.
There may be instances where it is undesirable to publish the RIS or sections of the RIS. The provisions of the Official Information Act 1982 should guide decisions about whether a RIS, or part of a RIS, should be published.
The purpose of the publication requirements is to ensure transparency of the policy making process, which will assist the Government and also the select committees and Parliament in their decision making roles. It also helps to inform the public of the rationale and evidence behind the policy.
While this publication process is working in most cases, we have noticed that there are some aspects which departments can improve.
Firstly, when the responsible Minister and/or Cabinet determines the RIS is ready for publication, departments must send the departmental website link for each RIS to MED at ria@med.govt.nz in a format compliant with the e-government guidelines so that they can be published on the dedicated MED website. This requirement however is often overlooked.
Secondly, when multiple RISs are required for a large policy programme, it is useful to include all RISs whenever possible in the explanatory notes to the bill. Where a decision is made to include an aggregated RIS, departments should consider incorporating references to individual RISs published on the department's website. It is advisable to talk to the Parliamentary Counsel Office (PCO) as early as possible when the explanatory note may require multiple RISs.
Jean-Christopher Somers
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