select committes, regulations and inquries

Two types of select committee

Subject committees and specialist committees

Subject committees

Linked to specific areas of government

Specialist committees

Special House functions (e.g. Standing Orders)

Are select committees justiciable?

No – governed by Standing Orders (Kiwi Party)

Select committee membership

Proportional to party membership of the House

Select committee chair

Elected; needn't be from government

Do Ministers sit on subject committees?

No

Main work of select committees

Reviewing bills after first reading

Who do select committees consult?

Public and relevant departments

Select committee report

Non-binding

Which amendments go into second reading?

Those unanimously approved

Summons power

Some committees – failure is contempt (e.g. TVNZ)

Committee without summons power

Ask Speaker to issue summons

Who can compel a Minister?

Only the House

Regulations are…

Delegated/secondary legislation made under an empowering provision

Who can make regulations?

Executive Council, Ministers, other agencies

Cabinet Manual 7.85 – regs shouldn't…

Deal with substantive policy, be retrospective, levy taxes, amend primary legislation

Cabinet Manual 7.95

Steps for making regulations (need, policy, consultation, Cabinet, PCO drafting, Gazette, 28-day rule, publication)

Rule on commencement of regulations

Minimum 28 days before in force

Benefits of regulations

Relieve Parliament's schedule; easy updating

Abuse example

Economic Stabilisation Act 1948 – Muldoon

Response to Muldoon's abuse

Regulations Review Committee (1985, 4th Labour Govt)

What does the RRC review?

All regulations and bills giving regulation-making powers

Complaints to RRC

SO 326

RRC grounds

SO 327

SO 327(a)

Not in accordance with objects of the empowering Act

SO 327(b)

Trespasses unduly on rights and liberties

SO 327(c)

Unusual or unexpected use of power

SO 327(d)

Rights depend on unreviewable administrative decisions

SO 327(e)

Excludes courts without explicit authorisation

SO 327(f)

Better suited to an Act of Parliament

SO 327(g)

Retrospective without authority

SO 327(h)

Notice/consultation procedures not followed

SO 327(i)

Any other reason re form or purport

Legislation Act 2019 s 114

Regulations must be presented to the House (20 days, SO 325A)

Legislation Act 2019 s 116

Disallowance by resolution of the House

Legislation Act 2019 s 117

Automatic disallowance if disallowance motion not dealt with

RRC example

Complaints about regs requiring tikanga teaching in law schools – rejected

Commission of inquiry is…

Official state investigation, usually after a harmful public event

Can inquiries be forward-looking?

Yes – Royal Commission on Auckland

Inquiries Act 2013 s 6

Two forms – public inquiry and government inquiry

Public inquiry established by…

GG through Order in Council (Royal Commissions are a subset)

Government inquiry established by…

Minister by notice in the Gazette

Inquiries Act s 7

Formal requirements incl terms of reference (scope and procedure)

Inquiry powers

Interviews, summon witnesses, hearings, evidence under oath, control cross-examination

Inquiries Act s 29

Offence to ignore summons, orders or disrupt inquiry

Inquiry outcome

Non-binding final report to Minister, presented to House

Inquiries Act s 11

Inquiry can't determine civil or criminal liability