Regulatory Quality Assessment Tool – Public Overview
Why do we need ‘good’ regulation?
New Zealanders interact with regulation every day — when starting a business, building a home, driving on the road, or accessing services. Good regulation supports safety, fairness, and innovation. But when regulation is outdated, unclear, or poorly enforced, it can create confusion, cost, and risk.
The Ministry for Regulation reviews how regulation is designed and delivered to ensure that regulations are working as intended — and that they are assets that deliver value, rather than liabilities that weigh us all down.
This Regulatory Quality Assessment Tool is one of the key ways we assess regulatory quality across sectors and government agencies.
What is this tool?
The tool is a structured assessment method used by the Ministry when:
- Investigating regulatory issues raised by the public through our Red Tape Portal
- Conducting regulatory reviews of sectors, systems, or regulators
- Providing second opinion advice on new or amended regulations (e.g. Cabinet papers, Bills, or Regulatory Impact Statements).
It helps us assess whether regulations are:
- Clear, fair, and fit for purpose
- Proportionate to the risk or harm they’re trying to manage
- Enforceable and future-proofed
- Supporting innovation and investment
- Designed and delivered in line with good practice principles.
How does the tool work?
The tool is structured in two key stages:
We first determine whether the problem is a ‘system level’ issue with the regulation, or if it is more of an ‘operational’ issue about how it is being enforced by the regulator.
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Issue type |
What it means |
Examples |
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System-level |
These are big-picture issues that often require legislative change, policy reform, or whole-of-system improvements. |
|
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Operational-level |
These are practical, day-to-day issues that can be resolved within the agency’s existing remit. |
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Sometimes there are issues to be addressed at both the system and operational issues — other times we can focus on just one part.
Public complaints through our Red Tape Portal often raise operational issues, while second opinion advice and regulatory reviews usually involve system level issues.
“Is this regulation doing what it’s supposed to, in the best way possible?”
Principle |
What it means |
|
1. Purpose & Justification |
There’s a clear reason for the regulation, and it solves a real-world problem. |
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2. Proportionality |
The cost of having the regulation is fair considering the benefits that having it brings. |
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3. Efficiency |
Compliance isn’t harder or more expensive than it needs to be. |
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4. Adaptability |
The regulation can evolve over time. |
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5. Enforceability |
There are effective, pragmatic ways for the rules to be enforced. |
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6. Good Practice Alignment |
The regulation follows international or local good practice. |
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7. Stakeholder Clarity |
The people and businesses affected by the regulation know what they need to do. |
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8. Monitoring & Evaluation |
There are ways to see if having the regulation is helping, and how it might be improved. |
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9. Transparency & Accountability |
Decisions are made in a fair and open way. |
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10. Consistency |
Rules are applied the same way for everyone |
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11. Innovation Support |
The rules don’t block new ideas or businesses. |
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12. Independence & Role Clarity |
The regulator is independent and has a clear role. |
How does this help me?
If you’re being regulated, this tool can help you reflect on whether your experience stacks up. For example:
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Are the rules clear and easy to follow?
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Do you get consistent treatment from staff or across agencies?
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Is the process fair and responsive to your situation?
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Do you feel the rules are achieving something valuable — or just ticking boxes?
If you’ve raised an issue through the Red Tape Portal, the Ministry will use this framework to assess whether your concern reflects a deeper problem with the regulation or system — and what kind of change may be required.