Phase 4: Rule finalisation & signature

Purpose

The objective of this phase is to finalise a draft Rule, to have it approved by Cabinet if required, and signed by the Minister following which it is gazetted and comes into force. Policy approval is obtained for any consequential regulations which are drafted by the Parliamentary Counsel Office (PCO), approved and then signed by the Governor General. This phase also covers post signature tasks to support the Rule and consequential regulations coming into force on the planned date.

Note:
This process does not cover Rules to be made by Order in Council. See guidelines: Rules made by Order in Council.

This process starts when the final post-consultation papers are available to the Ministry.

The activities in this phase vary depending on the nature of the Rule, if there are consequential regulations or not, and the approval(s) required, for example if:

  • the Rule has been noted by Cabinet (as part of the annual Rules Programme or otherwise), or not, and if so, if Cabinet has requested to see it again
  • drafting of the consequential regulations by PCO can be authorised by the Minister, or whether Cabinet approval is required.

See the tool: Overview of Rule Approval and Signing [PDF, 186 KB] for a detailed overview of the activities required for each possible scenario for Rules and consequential regulations. 

 

Inputs

The inputs to this process are:

  • Final post-consultation papers
  • The project plan established in Phase 3: Rule development and consultation.

Outcomes

The outcome of this process is that the Rule and any consequential regulations are gazetted and will come into force at least 28 days after the notice is published.

 

Roles and responsibilities

The roles involved in this process and high level responsibilities are shown below. Detailed responsibilities are described as part of a RACI table within each procedure.

Organisation/Role

Responsibility

Agency

 

  • Provide post-consultation papers to the Ministry if lead organisation).
  • Review and provide feedback on the draft briefing paper, draft Cabinet  papers, and associated documents including papers related to consequential regulations.
  • Produce the draft and /or goatskin Rule for the Minister’s signature.
  • Prepare communications material and undertake implementation activities post Rule-signing, including arranging for the Rule to be gazetted.

Ministry of Transport

  • Review the post-consultation output papers received from the transport agency.
  • Provide policy and legal assurance to the Minister.
  • Consult with other government departments, if required.
  • Prepare briefing material for the Minister and papers for Cabinet Committees, if required.
  • Have ongoing engagement with the Minister, as required.

Parliamentary Counsel Office (PCO)

  • Draft consequential regulations on instruction from the Ministry once there is appropriate authorisation, if required.

Regulations Review Committee (RRC)

Economic Growth and Infrastructure (EGI) Committee

  • Agree to policy for the regulations and/or Rule; and note the Minister’s intention to make the Rule (if not previously noted).

Cabinet Legislative Committee (LEG)

  • Agree to regulations as drafted by PCO, and approve them to go before the Executive Council.

Cabinet

  • Approve the regulations and/or Rule by endorsing the report(s) of the LEG and/or EGI committee(s).

Executive Council

  • Governor General signs the regulations approved by Cabinet.

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