It ain’t what you do, it’s the way that you do it - why regulatory practice matters

By Gráinne Moss, Secretary for Regulation and Chief Executive Ministry for Regulation

OPINION: If you’ve ever tried to get something done – whether it’s enrolling your child in early childhood education, running a small business, or just trying to make sense of product labels at the supermarket – you’ll know that rules and regulations are everywhere. 

But here’s the thing: it’s not just the rules themselves that matter, it’s how they’re put into practice. Or, as Bananarama and Fun Boy Three sang back in the day, “It ain’t what you do, it’s the way that you do it.”

That’s a key lesson from the Ministry for Regulation’s recent reviews of sectors like early childhood education (ECE), hairdressing, telecommunications, product labelling, and the red tape tipline. The way regulators go about their work can make life easier - or a whole lot harder - for everyday Kiwis.

Take ECE, for example. The review found a real muddle of overlapping rules and different opinions, sometimes even from the same regulator. One provider told us, “If I could get the same answer about the same regulation in Christchurch as Auckland, that would be progress.” 

Parents and providers alike were left scratching their heads, wondering why things had to be so complicated. 

The answer wasn’t just to rewrite the rules, but for regulators to change their attitude: less of the “gotcha” approach, more support and common sense. Instead of shutting centres down for minor slip-ups, the Ministry recommended a more graduated, understanding approach - helping people get it right, not just catching them out.

Hairdressing and barbering had a similar story. Some of the rules dated back to the 1980s and didn’t really do much for public health, but they sure made life tough for small business owners. The Ministry’s solution? Trust customers to vote with their feet, let competition do its thing, rely on public health rules already in place around public health and promise to check back in two years to see how it’s going. It’s about keeping things practical and listening to people who actually live with the rules every day.

Then there’s the red tape tipline - a simple idea that’s made a big difference. Anyone can write in to share their frustrations with pointless or confusing rules. What we found was that heaps of people had never spoken up before, maybe because they thought no one would listen. But when they did, it turned out that small tweaks in how things are done could make a big difference. Hearing directly from New Zealanders who are living with the pain of the regulation means the right solutions are created.

So, what does it take to be a best practice regulator - the kind that helps, not hinders? Here’s what we’ve learned:

• Clarity and consistency: People need to know where they stand. They need clear guidance, and consistent answers - no matter who you talk to.
• Proportionality: The response should fit the risk and the situation. Not every mistake needs a sledgehammer.
• Responsiveness: Listen to people, adapt when things change, and don’t be afraid to admit when something isn’t working.
• Collaboration: Work together with other agencies, businesses, and the public. No one has all the answers.
• Transparency: Be open about decisions and processes.
• Continuous improvement: Keep checking in, asking for feedback, and making things better.
• Leadership and capability: Set a clear vision, lead by example, and make sure staff have the skills and tools they need.

At the end of the day our work is about making regulation work better for New Zealanders.  It’s about having better rules and putting them into practice with empathy and common sense. 

If we all remembered “it ain’t what you do, it’s the way that you do it” - then we will really start to see results.