The Regulatory Standards Bill: What It Does — and Doesn’t — Do

The Regulatory Standards Bill (RSB), currently the subject of vigorous public commentary, is best understood for what it is: a framework to improve the quality of legislation through transparent, principle-based evaluation. However, much of the public debate—particularly around the Treaty of Waitangi—has drifted into mischaracterisation, undermining constructive dialogue around what is, fundamentally, a worthwhile goal.

Let’s clarify what the Bill does, and just as importantly, what it does not do.

🧱 The RSB Is Additive — It Doesn’t Repeal or Replace Existing Protections

At its core, the RSB introduces a set of “principles of responsible regulation” and requires legislation to be assessed for consistency with these. It also establishes a Regulatory Standards Board to promote transparency and recommend improvements to regulatory quality.

Crucially:

• The Bill does not override, repeal, or weaken any existing legal protections related to the Treaty of Waitangi.

• It does not constrain Parliament’s ability to legislate as it sees fit.

• It does not preclude the introduction or passage of legislation that gives full effect to Treaty principles.

When critics claim the Bill is "removing" or "taking away" Treaty considerations, those claims are legally incorrect. While the emotional response behind such statements may be understandable, they are misleading—and ultimately detrimental to the quality of public debate.

⚠️ But the Omission of the Treaty Is a Valid Concern

That said, the absence of Treaty principles from the RSB’s core list of regulatory standards is a legitimate concern for many.