Exemptions from regulatory impact statement requirements
The regulatory impact statement (RIS) requirements do not apply where the proposal:
- is of a minor or machinery nature and does not substantially alter existing arrangements;
- deals with administrative procedures within or between departments, and does not impact on business, consumers, or the public;
- is necessary to implement an international treaty for which an extended National Interest Analysis (NIA) has been prepared and submitted to Cabinet. This means that each time a RIS is required, an extended NIA could be prepared in substitute for the RIS;
- is to give effect under urgency, in terms first announced in the Budget, to a specific Budget decision, where the decision is to:
- repeal, impose, or adjust a tax, fee or charge; or
- confer, revoke, or alter an entitlement; or
- impose, revoke, or alter an obligation;
- is an Order in Council that provides solely for the commencement of enabling legislation or any provision of enabling legislation.
In the case of a Cabinet paper proposing that New Zealand take treaty action, a NIA can be prepared instead of a RIS, provided it complies with all RIS requirements (an 'extended NIA'). In these circumstances all of the procedures relating to RISs apply to the extended NIA. The department leading the policy work should liaise with both the Treaty Officer in the Legal Division of the Ministry of Foreign Affairs and Trade and the Treasury Vote team about the respective requirements.
For proposals involving supplementary order papers (SOPs), the submission to Cabinet on the proposal should identify whether the SOP alters the content of the RIS that was the basis of Cabinet's decision on the original policy/legislation, and if so, in what way. A new RIS is not required and other requirements for regulatory analysis do not apply.
Related pages
Regulatory impact statement requirements
National interest analysis requirements for international treaties
