Developing Policy / Preparing Legislation An Overview

From the Wellington District Law Society Seminar
3rd April 2006

How we approach a Policy/Legislative Exercise

  • It’s a Project
  • We must Project Manage it!
  • The product will be like a contract with a
  • large part of NZ’s population!

POLICY LEGISLATION

Working together

  • Both lawyers and policy advisers
  • Joint project team
  • We allocate leadership responsibility
  • We have single point liaison
  • We get team together early
  • We set clear expectations

POLICY LEGISLATION

Project Management

  • We plan/map out structure of exercise
  • We plan/map out components/issues
  • We allocate responsibilities
  • We set timeframes around milestones (next slide for details)
  • We have procedures re LAC Guidelines

MUST BE REALISTIC!

POLICY LEGISLATION

Milestones (backwards!)

  • Introduction to House
  • Cabinet Approval
  • Cab LEG
  • Caucus Approval
  • Political consultation
  • PCO drafting time
  • Preparation of drafting instructions
  • Cabinet policy decisions
  • Policy development processes

- Minister
- Central Agencies
- Other Departments
- Public consultation?

POLICY LEGISLATION

Developing the Policy

  • Is legislation necessary (Ch.1, Guidelines)
  • Applying the Guidelines (next presentation)
  • Writing the Cabinet Papers

- Workable packages of options
- Can’t constrain drafting options
- Recognise that further issues will emerge
- Have an agreed process for resolving those

POLICY LEGISLATION

Preparing Instructions for PCO

  • We put ourselves in PCO’s shoes
  • We assemble relevant background material
  • Drafting not necessary, but sometimes helps
  • We always provide a narrative description

POLICY LEGISLATION

Managing the Draft Bill

  • Work as a team still
  • Agree on a feedback process with PCO
  • Keep good records
  • Map scenarios / reality test
  • Policy Statement important too
  • Commencement dates – achievable?

POLICY LEGISLATION

Cabinet Legislation Committee

  • Not just a formality
  • LEG paper asserts compliance with LAC Guidelines
  • All that’s gone before therefore provides assurance for that statement

POLICY LEGISLATION
Managing a Bill through the House

  • LAC Guidelines are still relevant
  • Select Committee
  • Departmental Report
  • Cabinet Decisions to support Recs
  • Committee of the Whole
  • Amendments on the run
  • Alert to implications
  • Standing Orders
  • Financial veto

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