Structure of papers seeking priority for a bill

In Confidence

Office of the Minister of [xx]

Cabinet Legislation Committee

Government Examples Bill: Request for Priority in the 2008 Legislation Programme

Summary information

1   Give the following details about the bid for legislation:

• portfolio of sponsoring Minister;
• department responsible (include departmental contact name and phone number);
• title of proposed Bill (or Bill in which these legislative changes are to be included);
• proposed ranking of Bill within the bids from this portfolio; and
• estimated number of clauses in the Bill and whether of low, medium or high complexity.

2   The summary information is required for bids prepared in response to the annual request. For papers to LEG seeking a priority outside this process, the "summary information" section should be replaced with a "proposal" section that succinctly states what Ministers are being asked to decide.

Policy

3   Briefly summarise the policy to be implemented by the Bill. (Give references and dates of relevant Cabinet and Cabinet committee decisions.)

4   Indicate any aspects of the Bill that are likely to be contentious.

5   Note any policy issues that have not yet been agreed and state the dates by which these are expected to be resolved by Cabinet.

Need for legislation

6   Why is legislative action needed to implement the policy? (Please attach or refer to legal advice.)

7   Indicate the suggested priority. Is it essential that legislation be enacted in the period under consideration, or simply desirable? If it is essential, explain why.

8   If the proposal is for amending legislation, has the principal Act been amended in the last year or will it be amended in the near future? If so, explain why this amendment is needed now.

Compliance

9   Indicate whether the Bill complies with each of the following, with reasons if the Bill does not comply (list each sub-heading):

• principles of the Treaty of Waitangi;
• rights and freedoms contained in the New Zealand Bill of Rights Act 1990 and the Human Rights Act 1993;
• principles and guidelines set out in the Privacy Act 1993 (if the legislation raises privacy issues, indicate whether or not the Privacy Commissioner agrees that it complies with all relevant principles);
• relevant international standards and obligations; and
• LAC Guidelines: Guidelines on Process and Content of Legislation, a publication by the Legislation Advisory Committee.

Binding on the Crown

10  At the policy development stage a decision by a Cabinet committee will be required on whether the Bill should include a provision that the Act should be binding on the Crown. Advise, if possible, what is likely to be recommended. (See Cabinet Office circular CO (02) 4, Acts Binding the Crown: Procedures for Cabinet Decisions.)

Consultation

11  Summarise the consultation on policy issues that has already taken place or will be needed with each of the following groups, as well as the results of any consultation that has already taken place:

• relevant government departments or other public bodies; and
• relevant private sector organisations and public consultation processes.

12  If consultation on policy issues has not yet been completed, indicate the date by which it is expected to be completed.

13  Summarise the consultation with government caucus(es) and other parties represented in Parliament that has already taken place or will be needed.

Associated regulations

14  Are regulations likely to be needed within 12 months of the Bill being enacted to give effect to the provisions in the Bill? If so, summarise briefly the regulations that will be needed, their likely timing (taking into account the 28-day rule), and the likely size of the drafting task involved to develop them.

Timeline

15  Summarise the proposed timing for the legislation in reverse chronological order, as follows. Provide Cabinet or committee references where any deadlines have been established by Cabinet or committee decision:

• requested enactment date;
• date of report back from select committee (as a rule of thumb, a minimum of four months should be allowed for the select committee process - please give reasons if a period of less than six months is proposed);
• requested introduction date;
• dates on which the Bill will be before LEG and Cabinet for approval for introduction;
• date by which the Bill will be provided to the Ministry of Justice (or the Crown Law Office if applicable) for assessment of the consistency of the Bill with the New Zealand Bill of Rights Act 1990. This must be at least two weeks prior to the paper being consider by LEG;
• date by which final drafting instructions will be sent to the Parliamentary Counsel Office or other drafter (the period between submission of instructions and approval for introduction provides for drafting and consultation on the draft Bill - relate your estimate for this phase to the expected length and complexity of the Bill); and
• date by which final policy approvals will be obtained from Cabinet.

Recommendations

16  The Minister of x recommends that the committee:

1. note that the [title] Bill will [briefly summarise the policy to be implemented by the Bill];
2. approve the inclusion of the [title] Bill in the [year] legislation programme, with a priority [xx] (give priority number and brief description of priority);
3. note that drafting instructions will be provided to the Parliamentary Counsel Office by [date];
4. note that the Bill should be introduced no later than [date];
5. note that the Bill should be passed no later than [date].

[signature of Minister]
[title of Minister]

_____/_______/______ [field for the date of signing]