A collective of concerned people is urging swift action on the proposed Regulatory Standards Bill (RSB) by 13 January, following the closure of submissions on the Treaty Principles Bill (TPB).

Agency consultation on the RSB opened on the day the hīkoi reached Parliament and closes this Monday, 13 January. The group warns that the RSB would significantly impact all New Zealanders and also replicates many of the TPB’s effects.

Despite the consultation period coinciding with the holiday season, the group emphasises that this is a critical opportunity to shape the final form of the Bill. They encourage New Zealanders to consider its implications for their areas of interest and make a submission by emailing RSBconsultation@regulation.govt.nz.

Aotearoa New Zealand at a Constitutional Crossroads

Aotearoa New Zealand faces an unprecedented constitutional moment as the RSB advances under the ACT-National coalition agreement. Experts caution that the Bill poses profound risks to democracy, equity, the environment, te Tiriti o Waitangi, and the nation’s social fabric.

The proposed RSB would make the ACT Party’s libertarian values central to our laws, give power to the Minister for Regulation, currently David Seymour, and a Regulatory Standards Board, while ignoring te Tiriti o Waitangi and broadly held values.

The RSB is being presented as a measure to improve productivity and the quality of regulation, but critics argue it fails in this respect, instead acting to prioritise property rights, individual liberties and corporate interests, over safety, collective interests and environmental wellbeing.

“Its broad implications for all New Zealanders have been flying under the radar. This proposed Bill isn’t about regulatory tweaks,” says Melanie Nelson, a concerned person. “It’s a fundamental rewrite of how New Zealand makes and interprets laws, privileging libertarian principles and neoliberal economic ideals of private property, individualism, and ‘small government’ over fairness, democracy, the environment and Tiriti-based responsibilities.”

A Decades-Long Push

Experts have described the Bill as part of a broader neoliberal project, linking it to the 1980s reforms. The RSB was drafted by the Business Roundtable in 2001, and the ACT Party has unsuccessfully introduced versions of the Bill multiple times since then. It was rejected each time through the parliamentary process because the principles do not reflect Aotearoa New Zealand values of fairness and would make significant constitutional changes.

However, the proposed Bill now has coalition backing and is poised to pass. Its final form is yet to be determined, and can be shaped through action now. The RSB has been described as the “Everything Bill” with vast scope, shaping not just narrow regulatory matters but every aspect of primary and secondary legislation, from environmental protections to public health and education.

The RSB is likely to facilitate extensive deregulation across the board, through sector-by-sector reviews of legislation and regulation. The proposal would also require the government to compensate corporations where its decisions restrict their activities for a public good.

Undermining te Tiriti o Waitangi

The RSB is silent on te Tiriti o Waitangi. Even if the government’s Treaty Principles Bill does not become law, the RSB could de facto have the same effect, by removing te Tiriti from the considerations that inform regulation and legislation.

The current process for developing legislation requires consideration of te Tiriti and its common law principles, yet the RSB emphasises individual and property rights over collective obligations, potentially sidelining Tiriti-based protections from our laws and government policies. The RSB also gives its principles the same or more weight than those protected through the New Zealand Bill of Rights.

Sweeping Implications

Another concerned person Dr Ryan Ward, outlines, “The RSB creates avenues for corporations to challenge protections for Treaty rights, environmental and social safeguards, by claiming they are inconsistent with the property rights of individuals and corporations. The current proposal would require the government to compensate corporations where its decisions limit their commercial potential. This would make it harder for government to make decisions for the public good where private profits may be affected.”

The proposed Regulatory Standards Board would be hand-picked by the Minister for Regulation and oversee compliance with the RSB’s principles. Critics argue this non-binding body is not independent of the Minister and could pressure governments, effectively constraining policies that conflict with free-market ideology.

Impact on New Zealanders

The RSB has been described as a "legal straitjacket" that would limit future governments’ ability to act in the public interest. Another concerned person, Jen Bennett, has described some of the areas where the RSB would affect New Zealanders:

• Weaken workers’ protections: Deregulation could erode minimum wage, working conditions, and health and safety standards.
• Increase taxpayer costs: Corporations could seek compensation for regulatory impairments to their property rights, such as through government actions to mitigate risks to public health or the environment (e.g., tobacco labelling control, revoking Fast-Track or mining approvals).
• Remove environmental protections: Efforts to instigate or initiate activities to respond to climate change or environmental concerns could face legal challenges.
• Erode public services: Restrictions on taxes and charges could undermine publicly funded healthcare and education.
• Marginalise collective rights: The absence of a principle about equity risks the prioritisation of corporate interests over community and collective social good.
• Te Tiriti: The absence of recognition of te Tiriti significantly risks any Tiriti based initiatives, other than Treaty settlements.

The Time to Act is Now

Consultation on the details of the proposal closes on 13 January 2025. Melanie Nelson urges action: “This Bill is not a technical adjustment; it’s a constitutional pivot with far-reaching implications. Public voices are critical in shaping its final form, before it is finalised and introduced to Parliament. The RSB risks exacerbating inequalities and undermining democratic accountability.”

The collective of concerned people have developed an Explainer and Submission Guide: https://tinyurl.com/RSBsubmissions. Submissions can be emailed to RSBconsultation@regulation.govt.nz. Visit this website for government information: https://www.regulation.govt.nz/our-work/regulatory-standards-bill/ provided by the Ministry for Regulation.

For further information this link tree: https://linktr.ee/regulatorystandardsbill?utm_source=linktree_profile_share

Melanie Nelson, Jen Bennett & Ryan Ward

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