Why we’re concerned about the Regulatory Standards Bill.
A Common Grace Aotearoa rally in support of co-governance, 2023. The Regulatory Standards Bill would make it much harder to implement steps to honour Te Tiriti, such as co-governance of lakes and resources, or decisions to pursue health equity.
A Law that would diminish Te Tiriti and limit future leaders from protecting God’s creation and public health? Why we’re concerned about the Regulatory Standards Bill.
At Common Grace Aotearoa, we draw on the way of Jesus and biblical values to inform our vision for the common good. When those in power make laws to govern how we make decisions or distribute resources, they draw on a range of visions of what the common good is and what laws or regulations will get us there, which is normal in a democracy.
While our current system has many flaws, it at least allows people in Parliament, in government departments or on local councils to consider the values they were elected upon, the context in which the law or decision is being made, input from local communities and key constitutional obligations like honouring Te Tiriti o Waitangi.
The discretion of future leaders is under threat.
The Act Party has proposed a new law - highly likely to pass - that would give private companies significant power to oppose government decisions. If your local waterway or wahi tapu / sacred site needs protecting from pollution, we certainly do not want the local council to be bound to compensate a private company that caused the pollution if they intervene. If a government wants to lift health outcomes by prohibiting a dangerous product, we do not want them to be restricted by a rule stating that a company’s ‘freedom’ overrides achieving good health outcomes for all.
The Regulatory Standards Bill would do just that. This proposed law would create a handbrake on governments and councils choosing to prioritise public good, environmental protection, or honouring Te Tiriti over ‘principles’ chosen by the Act Party that reflect their ideological worldview.
Professor Jonathan Boston, an expert on governing for the long-term common good, labelled this a “fundamental constitutional shift from the current legislative landscape”.
The Waitangi Tribunal recommended abandoning the Bill in its interim report, as it would drastically change the way the Crown makes laws and the involvement of Māori as a Treaty partner.
The point of the Regulatory Standards Bill is to make all future governments, government departments and councils follow a rigid set of ideological “principles” chosen by the Act Party when they are making laws or regulations, and force existing laws to be amended to comply with them.
These principles would:
Exclude Te Tiriti o Waitangi entirely.
Require the government to pay corporations if new rules impact their property, even if those rules are to stop pollution, protect nature, or prevent harm to people and communities.
Prioritise private property and “individual freedom” over environmental protection, public safety, and indigenous rights.
This law will tell future elected governments what they can and can’t do, even when people vote for change. If a new law doesn’t fit the Act Party’s principles, the government has two choices:
Change the law to comply, or scrap it.
Publicly justify why they’re going against these principles.
This will create huge pressure on future governments to avoid reforms that prioritise sharing our resources, protecting God’s creation, or honouring Te Tiriti – even when they’re urgently needed. It will deter governments from acting, because any law protecting health, workers or the environment will face delays, legal challenges and payouts to corporations.
This is the Act Party’s fourth attempt to pass this bill over the decades. They have failed three times. But they are trying again, this time using the coalition deal to push it through.
Jesus’ way of using power is in sacrificial self-service, to bring about the flourishing of all people and the rest of creation. At Common Grace Aotearoa, we are deeply concerned at how the Regulatory Standards Bill would rewrite laws and restrict future governments to make rules and allocate resources in line with this vision.
So what can we do?
The Bill has been introduced to Parliament, and will likely go to Select Committee for public submissions. In the meantime, we can:
Pray for Act Party leader David Seymour, Prime Minister Chris Luxon and NZ First leader Winston Peters to hear the concerns expressed by so many about this proposed law.
Learn more about the Regulatory Standards Bill. We recommend this piece in Methodist Touchstone magazine’s May edition.
Ready yourself to make a submission - we will share a submission guide when the time comes.
Write to National Party leader Chris Luxon, and New Zealand First Leader Winston Peters expressing your concern about the Regulatory Standards Bill.