Purpose of the Rules Framework
The Rules Development Framework is a set of processes, procedures and tools for use by the Ministry and New Zealand transport agencies to:
- investigate, and undertake policy analysis for a transport-related issue that may require regulatory intervention
- decide whether regulatory intervention is warranted, and if a Rule (or amended Rule) is the best option
- develop (or amend), get approval for, and implement a transport Rule and, if required, consequential regulations.
The Rules Framework also relies upon existing Ministry and transport agency relationship protocols.
Types of Rules
There are three types of Rules, of which the first two are covered by the Rules Development Framework.
- Ordinary Rules
- Emergency Rules
- Rules by Order in Council.
End-to-end Rules process
Click on a blue symbol in the diagram or use the left hand navigation menu to see the details of a phase. You can also see phase descriptions below.
Phase Descriptions for End-to-end Rules process
Phase 1 – Scoping
Assess the issue to determine the scope, and whether regulatory intervention is appropriate, and if so, what type. If there is a case for legislative intervention, identify possible interventions, and related impacts and risks. Capture the assessment and decision making in a PIRA.
Phase 2 – Policy Investigation
Build on the work done in the initial assessment, to further determine issue scope, and whether there is a compelling case for legislative intervention. Undertake policy investigation and stakeholder engagement to identify possible interventions and related impacts and risks. Prepare a regulatory impact statement (RIS) and, if a Rule is confirmed as the best option, recommend to the Minister that the issue is added to the Transport Rules Programme for Rule development.
Phase 3 – Rule development and consultation
Prepare a draft Rule, explanatory and communications material once a Rule has been included in the Transport Rules Programme, or has another mandate for rule development, Undertake public notification and consultation to meet the statutory requirement to give interested persons/organisations the opportunity to make input to inform development of the Rule. Send the completed Rule package to the Ministry to progress Rule finalisation and signature.
Phase 4 – Rule Finalisation and Signature
Finalise a draft Rule, have it approved by Cabinet if required, and signed by the Minister, then gazette the Rule which then comes into force after the appropriate interval. Obtain policy approval for any consequential regulations, which are drafted by the Parliamentary Counsel Office (PCO), approved, and signed by the Governor-General. Undertake post signature tasks to support the Rule and consequential regulations to come into force on the planned date.
Phase 5 – Project close and handover
Review and close a Rules project, arrange handover for business as usual stewardship, and develop a plan for evaluation of the new or amended Rule as part of business as usual monitoring of Rules stock.