The Law-Making Process: Understanding New Zealand's Legislative Journey

The process of a bill becoming a law in New Zealand is a complex and time-consuming one, requiring careful planning and coordination. It involves multiple stages, including policy development, consultation, drafting, and approval by the Cabinet Legislation Committee and Cabinet. The process ensures that a bill is subject to public debate and scrutiny, and it can be changed during this process. Once a bill is passed by Parliament, it receives Royal Assent and becomes a statute or an Act.

Public debate and scrutiny

Select Committee Process

The select committee process is a crucial aspect of public scrutiny in New Zealand's legislative system. Select committees are small groups of Members of Parliament (MPs) who specialise in specific subject areas. They play a vital role in examining and debating bills and facilitating public input. The select committee process holds the government accountable to the public, as it provides a platform for MPs to engage directly with citizens and discuss proposed legislation.

Public Submissions and Hearings

Once a bill is referred to a select committee, the committee typically invites public submissions on the bill. This stage allows members of the public, interest groups, and stakeholders to provide their input and share their perspectives on the proposed legislation. The select committee considers these submissions carefully, as they often raise important issues and concerns that need to be addressed.

Analysis of Submissions

After receiving public submissions, the select committee analyses and evaluates the submissions. They carefully consider the issues raised and proposed changes to the bill, known as amendments. This process ensures that the bill is responsive to the needs and opinions of the public. The select committee may also hold public hearings, where they listen to some of the individuals or groups who made submissions. These hearings provide an opportunity for a more direct dialogue between the committee and the public, allowing for clarification and further discussion of the proposed legislation.

Report Preparation

Following the analysis of submissions and public hearings, the select committee prepares a report for the House. This report contains two key components: a reprint of the bill with recommended changes (amendments) and a commentary explaining the committee's reasoning behind the suggested amendments and addressing the issues raised during the submission process. This report is then presented to the House for further consideration and debate.

First Reading and Debate

The first reading of the bill in the House provides the initial opportunity for MPs to debate the bill. This debate allows MPs to express their agreement or disagreement with the bill and propose any additional changes they believe are necessary. The first reading debate can occur no sooner than the third sitting day after the bill's introduction, providing members with sufficient time to review the bill and form their opinions. Following the debate, the House votes on whether to progress the bill to the next stage or reject it.

Second Reading and Further Debate

If the bill passes the first reading, it moves to the second reading stage, where MPs can debate the main principles of the bill and any changes recommended by the select committee. This stage involves a more detailed examination of the bill, and ministers and members can propose additional amendments. The second reading debate can occur no sooner than the third sitting day after the select committee reports to the House, ensuring a deliberate and thorough process.

Committee of the Whole House

After the second reading, the bill is debated by a committee of the whole House, which includes all MPs. This stage is less formal but no less important, as it provides numerous opportunities for MPs to make short speeches and engage in detailed discussions about the bill's provisions. The committee of the whole House can propose and consider amendments, ensuring that the bill is thoroughly scrutinised and improved. There is no time limit on these debates, allowing for comprehensive consideration of the bill, especially for large or controversial legislation.

Final Stages: Third Reading and Royal Assent

Once the committee of the whole House agrees on the final form of the bill, it is reprinted to reflect any amendments that have been made. The bill then moves to the third reading, which is typically a summing-up debate on the bill in its final form. The vote at this stage is the final vote in the House, where MPs decide to either pass the bill or reject it. If the bill is passed, the final step before it becomes law is obtaining Royal Assent. Royal Assent is given by the Sovereign or the Sovereign's representative in New Zealand, the Governor-General, officially making the bill an Act of Parliament.

Select committee process

Select committees are small groups of members of parliament (MPs) who specialise in certain subject areas. They examine and debate bills and hear what the public has to say about them. If a select committee thinks a draft bill should not become law, it will inform the relevant cabinet minister and the bill will not pass into law unless changes are made.

Once a bill is referred to a select committee, the committee usually has 6 months to examine the bill and prepare a report for the House. Select committees normally invite public submissions on a bill. Then they hold public hearings to listen to some of those who made submissions. After hearing submissions, they work through the issues raised and decide what changes, if any, should be made to the bill.

The select committee's report contains:

• A reprint of the bill with recommended changes (known as amendments)
• A commentary in which the committee explains its recommended changes and the issues it has considered

The select committee process is an important part of the legislative process in New Zealand. It ensures that members of the public have a say in the creation of new laws and that bills are carefully scrutinised before being passed into law. It also holds the executive branch of the government accountable to Parliament.

Royal Assent

In New Zealand, the Royal Assent is the final step in the process of a bill becoming a law. The Royal Assent is given by the Governor-General, who is the Sovereign's representative in New Zealand. The granting of the Royal Assent signifies that the bill has the approval of the Queen, who is New Zealand's Head of State.

Once a bill has passed its third reading in the House of Representatives, it is prepared for the Royal Assent. The title is changed to an Act, and any clauses that have been removed or inserted are re-numbered. All cross-references in the bill are checked and amended as necessary. The bill is then read out loud by a member of the House Office staff to a proofreader, who carefully checks the assent copy to ensure accuracy. It is also independently checked by a senior member of the House Office staff. Once any corrections have been made, the bill is printed and ready for assent. The Clerk of the House signs two copies of the Act to certify them as true copies. An advice sheet, advising the Governor-General to assent to the Act, is signed by the Attorney-General and the Prime Minister or another senior Minister if the Prime Minister is unavailable.

The Governor-General then signs the bill and advice sheet, granting Royal Assent and turning the bill into an Act. If the Governor-General is out of the country, the Administrator of the Government, such as the Chief Justice or most senior Supreme Court Judge present in New Zealand, may grant the Royal Assent.

Policy development

• Decision to pursue a policy proposal requiring a bill
• Policy development, including impact analysis for regulatory proposals
• Consultation with relevant stakeholders, including the public, government departments, and Crown bodies
• Allocation of legislative priority
• Approval of policy proposals by the Cabinet

The Parliamentary Counsel Office (PCO) plays a crucial role in policy development, offering support to government agencies and providing advice on legislative options and processes. The Legislation Design and Advisory Committee (LDAC) and the Ministry of Justice also offer expert guidance on legislative design and drafting practices, ensuring compliance with legal and constitutional principles.

During policy development, it is essential to conduct effective and appropriate consultation to ensure good decision-making, policy formulation, and legislation. This includes consulting with ministerial colleagues, political parties, non-governmental organisations, and the public. Additionally, the PCO can assist in identifying legislative options and providing advice on the legislative process when creating a project timeline.

Drafting

The main role of the drafter is to produce plain English drafts that are legally correct and give effect to government policy. Drafters act on instructions from instructing agencies, and the PCO can advise agencies on how to prepare instructions and realistic timeframes. The PCO tests and develops the instructions into draft legislation, asking questions about the policy to ensure the legislation is workable.

The drafting process is iterative and requires multiple versions to develop the legislation fully. The PCO carries out peer review processes and proofreading to ensure legal workability and minimise errors. The department reviews drafts, checking them against the intended policy outcomes.

Once the draft is settled, the PCO or the department consults other government departments and Crown bodies on the draft legislation. This can be done at the same time as consulting departments on the paper seeking approval to introduce the Bill.

The PCO then does a penultimate draft, which is the version on which final checks and the Bill of Rights Act vet are done. The PCO often uses the period of the Bill of Rights Act vet to do final checks, ensuring that policy changes are finished.

Frequently asked questions