Definitions

Use the following definitions of terms used in the Rules Framework processes and supporting documentation.

Term

Definition

Insignificant impact

A regulatory initiative is considered ‘insignificant impact’ if the option(s) being considered are NOT likely to have:

  • significant direct impacts or flow-on effects on New Zealand society, the economy, or the environment or
  • significant policy risks, implementation risks or uncertainty.

Legislative intervention

Use of a legislative instrument to achieve regulatory intervention.

Includes the creation, amendment or repeal of primary legislation (Acts), secondary legislation (including regulations and Rules) and tertiary legislation.

See also: Regulatory Intervention  

Non-legislative intervention

Use of a non-legislative instrument to to achieve regulatory intervention.

Non-legislative instruments include capture advice, administrative processes, education, incentives, rewards, grants, voluntary codes of practice, and similar instruments. Non-legislative interventions, however, may need to be authorised by a legislative instrument.

See also: Regulatory Intervention

Regulatory Impact Analysis (RIA)

An evidence-based approach to policy development which helps ensure that all practical options for addressing the problem have been considered and the benefits of the preferred option not only exceed the costs but will deliver the highest level of net benefit. Generally speaking, the level of analysis undertaken (detail and depth) is commensurate with the magnitude of the problem and the size of the potential impacts of the options being considered.

Undertaken in Phase 2: Policy Investigation, and also in Phase 1: Scoping of the Rules Framework.

Regulatory intervention

Use of legislative and/or non-legislative interventions to encourage or change behaviour in order to reduce or avoid safety, security and environmental harms and threats, or to achieve economic outcomes.

Regulatory tool-kit

Instruments to use to achieve regulatory intervention including both legislative and non-legislative instruments aimed at:

(i) influencing people or controlling the way people and business behave; and (ii) achieving a diverse range of economic, social, safety and environmental objectives. 

Risk-based regulatory   approaches

Align the cost and degree of regulatory intervention to an acceptable level of risk of a potential harm, where the benefits of intervention outweigh the costs.

Rule

Refers to both new Rules and amendments to existing Rules. Rules are a form of regulation. The Minister of Transport is empowered by primary legislation to make transport Rules on issues covering land transport, civil aviation, maritime safety and marine protection issues.

Rule production

Activities undertaken to develop and finalise a Rule in Phase 3: Rule development and consultation, and Phase 4: Rule finalisation and signature of the Rules Framework.

Significant impact

A regulatory initiative is considered ‘significant impact’ if the option(s) being considered are likely to have:

  • significant direct impacts or flow-on effects on New Zealand society, the economy, or the environment or
  • significant policy risks, implementation risks or uncertainty.

Ultra vires

Beyond the powers of, illegal.

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