Structure of papers seeking to introduce a bill

In Confidence

Office of the Minister of [xx]

Cabinet Legislation Committee

Government Examples Bill: Approval for Introduction

Proposal

1   Briefly state what is proposed in the paper.

Policy

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

3   Indicate any aspects of the bill that are likely to be contentious.

4   Explain why a bill is required.

5   Indicate any outstanding policy issues and explain why these have not yet been resolved.

Regulatory impact analysis

6   State whether a Regulatory Impact Statement (RIS) was prepared in accordance with the necessary requirements, and was submitted at the time that Cabinet or Cabinet committee approval of the policy relating to the bill was sought.  Include references to the minutes of previous consideration by Cabinet.

7   In the unlikely event that a RIS is required for the proposal and has not previously been submitted to Cabinet or a Cabinet committee at the policy approval stage, it should be attached to the paper, and the paper should provide:

• an agency opinion on the quality of the impact analysis, which is a statement on whether the reviewer considers that the information and analysis summarised in the RIS meets/does not meet/partially meets the quality assurance criteria, and comment on any issues that have been identified in relation to any of the dimensions of quality set out in the quality assurance guidance;
• Ministerial certification on whether the proposal(s) in the paper are consistent with the expectations set out in the Government Statement on Regulation.

8   If a RIS is not required because an exemption applies, specify why the exemption applies.

9   If a RIS is required but has not been developed, specify the reason why.

Compliance

10   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 (state the nature of any potential inconsistencies identified, or state that there are none; note the steps taken to address any issues, or include information on any justifications for the bill infringing a right or freedom);
• principles and guidelines set out in the Privacy Act 1993 (if the bill raises privacy issues, indicate whether 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.

Consultation

11  Summarise the consultation that has taken place, under the following categories, and the results of that consultation:

• relevant government departments or other public bodies;
• relevant private sector organisations and public consultation processes; and
• government caucus(es) and other parties represented in Parliament.

Binding on the Crown

12  At the policy development stage, a decision should have been made by a Cabinet committee on whether the bill should state that the Act will be binding on the Crown. (See the Cabinet Office circular entitled Acts Binding the Crown: Procedures for Cabinet Decision [CO (02) 4]).  State what that decision was and give the reference number of the minute.

Creating new agencies or amending law relating to existing agencies

13  If the legislation will create a new agency, will the Ombudsmen Act 1975 and the Official Information Act 1982 apply?  If not, why not?  (Consult the Office of the Ombudsmen on this issue and summarise its views.)

14  If the legislation will create a new agency that is legally separate from the Crown, will it be a Crown entity? If not, why not? What governance and accountability requirements will apply to the entity? (Consult the State Services Commission and the Treasury on these issues and summarise their views.)

15  If the legislation will amend the existing coverage of the Ombudsmen Act 1975, the Official Information Act 1982 or the Local Government Official Information and Meetings Act 1987, explain why. (Consult the Office of the Ombudsmen on this issue and summarise its views.)

Allocation of decision making powers

16  Does the draft legislation involve the allocation of decision making powers between the executive, the courts and tribunals?

17  Have the criteria relating to the qualifications and responsibilities of decision makers and the procedures they follow been applied?  (Criteria and procedures are set out in the Legislation Advisory Committee report, LAC Guidelines: Guidelines on Process and Content of Legislation.)

18  If the criteria and procedures have not been followed, state departures from the criteria and reasons for these.

Associated regulations

19  Will regulations be needed to bring the bill into operation?  If so, summarise briefly the regulations needed, their likely timing (taking into account the 28-day rule), and the likely size of the drafting task involved to develop them.

Deemed regulations

20  State whether or not the proposed bill includes any provision empowering the making of deemed regulations.

21  If the bill includes such a provision(s):

• state the reason for the provision, taking into account the principles identified in the Deemed Regulations Report of the Regulations Review Committee; and
• confirm that the explanatory note to the bill sets out the reasons.

Definition of Minister/department

22  Does the bill contain a definition of Minister, department (or equivalent government agency) or chief executive of a department (or equivalent position)? Consult the Cabinet Office on this issue and summarise its views (link only available to people with access to the Public Sector Intranet).

Commencement of legislation

23  When will the bill come into force? Ensure that the following matters are covered:

• if there is a specific commencement date(s), state the date(s);
• if there is no specific commencement date, the bill will come into force on the day after the date of assent;
• if the bill provides for a commencement date to be appointed by Order in Council:
• state why (1) or (2) is inappropriate;
• give details of the expected timetable for commencement and the basis on which this has been calculated; and
• confirm that the explanatory note to the bill sets out the reasons for commencement by Order in Council.

Parliamentary stages

24  Indicate the date by which the bill should be introduced and the date by which it should be passed.

25  Indicate the select committee to which it is proposed that the bill be referred.

Recommendations

26  The Minister of x recommends that the Committee:

1. note that the [xx] Bill holds priority [xx] on the legislation programme;

2. note that the Bill... [briefly summarise the main purpose of the bill];

3. approve for introduction the [xx] Bill, subject to the final approval of the government caucus;

4. agree that the Bill be introduced on [date];

5. agree that the government propose that the Bill be:

    5.1 referred to the [xx] committee for consideration;

    5.2 enacted by [date].

[signature of Minister]
[title of Minister]

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