Post-Legislative Scrutiny in New Zealand: Is a More Formal Mechanism Necessary?

49 Pages Posted: 17 Apr 2018 Last revised: 13 Jul 2018

See all articles by Tayla Crawford

Tayla Crawford

Victoria University of Wellington, Faculty of Law, Student/Alumni

Date Written: April 3, 2018

Abstract

This paper has considered what post-legislative scrutiny is and why it is necessary, and also considers New Zealand’s approach to ex post evaluation. While this paper does not argue against the proposition that better post-legislative scrutiny is necessary in New Zealand, it does argue that better post-legislative scrutiny is not going to be achieved by introducing a formal review process which engages an independent review body and undertakes standardised review of all legislation. This paper considers that the focus should instead be on the post-legislative scrutiny processes that are already in place in New Zealand and how those can be strengthened. In particular the focus should be on providing better guidance around the role of departments as regulatory stewards, creating better feedback loops between the ex ante and ex post stages of evaluation, and approaching regulatory management in an integrated way. This paper concludes that it is just not going to be politically feasible to introduce a formal and systematic approach to review when there are other, more cost effective measures that can be taken to improve post-legislative scrutiny in New Zealand.

Keywords: Post-legislative scrutiny, regulatory management, evaluation, legislation, ex post evaluation

JEL Classification: K00

Suggested Citation

Crawford, Tayla, Post-Legislative Scrutiny in New Zealand: Is a More Formal Mechanism Necessary? (April 3, 2018). Victoria University of Wellington Legal Research Paper, Student/Alumni Paper No. 32/2018. Available at SSRN: https://ssrn.com/abstract=3155003 or http://dx.doi.org/10.2139/ssrn.3155003

Tayla Crawford (Contact Author)

Victoria University of Wellington, Faculty of Law, Student/Alumni ( email )

PO Box 600
Wellington, Victoria 6140
New Zealand

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