Since 2007 there has been a requirement for all regulatory impact statements (RISs) to be published so that the regulatory analysis process is open and transparent. All RISs are required to be published by:
There may, however, be some instances where it is not appropriate 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 decision on the precise timing of publication of RISs prior to the introduction of a bill or the gazetting of regulations is left to the responsible Minister and/or Cabinet. Ministers may wish to review and amend the RIS to ensure that it fully reflects the government's position and is of a high standard.
When the responsible Minister and/or Cabinet determines the RIS is ready for publication, departments must send the departmental website link for each RIS and an electronic Word copy of the RIS to Treasury at ria@treasury.govt.nz. The RIS on departmental websites must comply with the New Zealand Government Web Standards and Recommendations, which are available at http://webstandards.govt.nz.
Departments should ensure that a suitable electronic version of the RIS (in ASCII or Microsoft Word format) is supplied to the Parliamentary Counsel Office (PCO) in sufficient time to enable it to be included in the copies of the draft Bill that are printed for submission to the Cabinet Legislation Committee (LEG).
RISs for incorporation in explanatory notes must, so far as possible, follow the standard format specified by the PCO, as the typesetting process for the printing of Bills imposes limitations on the format for explanatory notes to Bills. Departures from this format, or requests for the inclusion of non-text material such as tables or graphs, may not be able to be accommodated, or may result in delays in the production of LEG copies of the Bill.
Enquiries about the PCO's requirements for including a RIS in the explanatory note to bills should be directed to the PCO team leader responsible for the department's legislation.
When a RIS is ready for publication, departments must send the departmental website link for each RIS and an electronic (Word) copy of the RIS to Treasury at ria@treasury.govt.nz. This is to enable the Treasury to publish all RISs on its website in both PDF and HTML formats. The RISs relating to Bills should be sent to the Treasury at the same time as they are sent to PCO. The RISs relating to regulations should be sent to the Treasury no later than when the regulations are submitted to Cabinet Office for consideration by Cabinet Legislation Committee.
Flow chart on the preparation of regulations following policy decisions