Here we go again. The NZ ACT Party also has an under-the-radar Regulatory Standards Bill which is perhaps as bad as the Treaty Principles Bill but much more technocratic. A number of commentators have pointed out that this is their fourth try; it’s been killed three times before and should die again this time, hopefully for good.
Related context:
- Super useful guide on submitting re: the Regulatory Standards Bill by Jen Bennett, Melanie Nelson, Dr Ryan Ward, and others
- Technical discussion by Emeritus Prof Jane Kelsey
- Technical discussion by Emeritus Prof Jonathan Boston
- My submission on the Treaty Principles Bill
My submission
Tēnā koutou,
I am writing in strong opposition to the proposed Regulatory Standards Bill. I support the comments of Emeritus Profs Jane Kelsey and Jonathan Boston for their well-argued reasoning about the numerous flaws of this proposed legislation.
This proposed legislation does not respect the Tiriti o Waitangi, which is fundamental to the New Zealand constitutional order.
Furthermore, the key clause on the taking of property is flawed and puts too much importance on private ownership of property as compared to the well-being of the nation as a whole. Democratic countries make decisions, following the will of the people, about just how strong property rights are. They must not be treated as absolute. There is no right for tobacco companies to make money at the cost of public health, and their “property” should be confiscated by the state. There is no right for mining companies to pollute the environment, and restrictions on their actions should not be compensated. Intellectual property of pharmaceutical companies is contingent on the public benefit that they provide, and it is ultimately for the government to decide the conditions of that deal.
This legislation has already been rejected three times. It should once again be rejected and buried.
Ngā mihi,
Patrick Lam