Public hearings on the controversial Regulatory Standards Bill began Monday, with the Finance and Expenditure Committee set to hear submissions for 30 hours over four days, far less than the time given to the Treaty Principles Bill, and just a third of that allocated to the Fast Track Approvals Bill.

The bill, driven by ACT leader David Seymour, proposes “principles of responsible regulation” and would require ministers to publicly explain whether their policies align with those principles.

While the proposal may appear bureaucratic on the surface, it has ignited fierce debate, touching on the country’s constitutional foundations, Te Tiriti o Waitangi, and deeply divided political worldviews.

Written submissions on the bill closed in June and it has been introduced to Parliament in various forms on three previous occasions, in 2006, 2011, and 2021. The final number of submissions for this iteration is yet to be confirmed, but Te Ao Māori News understands it could exceed 150,000.

The bill is designed to help scrutinise laws and regulations and aims to impose tougher checks on new legislation to ensure they do not impose unnecessary costs, restrict freedoms, or conflict with fundamental legal principles.

National has historically signalled broad support for the bill, although its level of commitment remains under scrutiny as the second reading approaches.

Critics warn the bill could have far-reaching consequences for how governments govern amid many other issues.

The current version follows a longstanding ACT Party policy, with earlier versions failing to pass in previous parliaments. Its progress comes amid heightened political tension over the coalition government’s approach to constitutional issues, following debates on Treaty principles legislation and fast-track resource consent reforms.

Staunch opposition in oral submissions

Of those who spoke on the first day of hearings, the majority were opposed to the bill.

Academic and professor Ani Mikaere addressed David Seymour’s claims that many of those who submitted against the bill don’t understand it and are spreading misinformation.

“The minister’s [David Seymour] response to the wave of opposition to this bill has been to launch into a frankly childish tirade about so-called generated and fake submissions, claims for which no shred of evidence has been produced.

“In truth, opposition to this bill is coming from all quarters.

“That includes carefully articulated submissions drawing on extensive expert knowledge and relevant experience. It covers a raft of concerns, thoughtfully expressed by real people,” Mikaere said.

Former Prime Minister and constitutional lawyer Sir Geoffrey Palmer also strongly criticised the bill.

“This is the strangest piece of New Zealand legislation I have ever seen. It is quite bizarre, and it will not work.

“There is no chance of it working because it encompasses the entire regulatory mechanism of 1100 statutes, plus all the secondary legislation that is made under them. That is an impossible brief, and the idea that anything good can come from it is idle,” Palmer said.

Many submitters, including Tā Geoffrey, raised concerns that the Treaty of Waitangi was completely ignored in the bill.

“It [Regulatory Standards Bill] completely ignores the Treaty, and of course, that is unacceptable. The Treaty is an established part of our governance system. It is our founding document, and it has to be honoured,” he said.

The bill could also significantly impact Treaty settlements, both directly and indirectly, depending on how its “principles of responsible regulation” are interpreted and applied.

This concern was front and centre in today’s submissions, with iwi leaders warning the bill could interfere with existing settlements.

Pou Tangata of the National Iwi Chairs Forum, Rāhui Papa, told the committee the bill prioritises money over manaakitanga and undermines promises the government made earlier in its term.

“It is a degradation of settlement legislation. Earlier this term, the coalition government made promises that settlement legislation would be sacrosanct and they wouldn’t meddle with it. This bill is contrary to those declarations. We think there are clear examples of legislation that are being minimised in the RSB, and provisions and mechanisms within settlement legislation are actively being pushed aside,” Papa said.

Te Hunga Rōia Māori Co Tumuaki Natalie Coates and Tai Ahu were resolute in their submissions, calling for the bill to be thrown out entirely.

“We think it needs to be thrown in the bin or, at the very least, gutted and completely rebuilt from scratch.

“This bill is constitutionally unsound, flagrantly breaches and ignores Te Tiriti o Waitangi, prioritises contested neoliberal values, and elevates economic liberty above collective well-being. If passed, it would proceed despite significant public opposition and against official advice. That’s not good lawmaking built with the whole country in mind, it’s a minor party pushing their political waka against the tide, blind to the current beneath,” Coates told the committee.

Political support

The National ACT coalition agreement includes a commitment to pass the bill into law, though not necessarily in its current form.

Prime Minister Christopher Luxon says the government will pay close attention to the select committee process and remains open to changes.

“The devil is in the detail,” he told reporters on Friday.

New Zealand First leader Winston Peters has described the bill as “a work in progress” and indicated his party wants changes.

Opposition parties Labour, the Greens, and Te Pāti Māori have already promised to repeal the bill if elected next year.

The select committee hearings will run from 8:30 am to 5 pm, Monday through Thursday.