Skip to main content Skip to navigation
Back to top anchor
Home Department of the Prime Minister and Cabinet (DPMC)
Page url
  • Events
  • Media
  • Contact us
  • Home
Open search Close search
  • Contact us
    • How to make an Official Information Act request
      • Tips for requesting information
      • Guidance on how we will respond
  • About DPMC
    • Who we are
      • Our purpose
      • Our strategic intentions
      • How we deliver
    • Our work
      • Supporting the Prime Minister and Cabinet
      • Supporting the Governor-General
      • Other roles and responsibilities
    • Our history
      • Business units and programmes
    • Careers
  • Our business units
    • Cabinet Office
      • Roles and responsibilities
        • Statutory and formal responsibilities
      • Supporting the work of the Cabinet
        • Cabinet Committees
        • Elections
        • Cabinet Manual
          • Publication information
          • Foreword
          • Preface
          • Introduction
          • 1. Sovereign, Governor-General, and Executive Council
            • Introduction
            • Sovereign of New Zealand
            • Governor-General
            • Executive Council
            • Clerk of the Executive Council
            • Meetings of Executive Council
            • Gazetting and entry into force
            • Announcement
            • New Zealand Royal Honours System
            • Heraldry
            • Order of Precedence
            • Related Information
          • 2. Ministers of the Crown: Appointment, Role, and Conduct
            • Introduction
            • Prime Minister
            • Deputy Prime Minister
            • Ministers
            • Parliamentary Under-Secretaries
            • Parliamentary Private Secretaries
            • Conduct, public duty, and personal interests
            • Interactions with representatives from non-government or commercial organisations
            • Personal email accounts and phone numbers
            • Gifts and awards
            • Speaking engagements, endorsements, and non-ministerial activities
            • Government advertising and publicity guidelines
            • Ministerial travel
            • Related Information
          • 3. Ministers of the Crown and the Public Sector
            • Introduction
            • The public service and the public sector
            • Ministers and the public service
            • Ministers and Crown entities
            • Ministers and companies in the public sector
            • Integrity and conduct throughout the public sector
            • Related Information
          • 4. Ministers, the Law, and Inquiries
            • Introduction
            • Attorney-General
            • Comment by Ministers on judicial decisions
            • Crown legal business
            • Litigation involving Ministers
            • Legal advice and legal professional privilege
            • Inquiries
            • Related Information
          • 5. Cabinet Decision-making
            • Introduction
            • Cabinet
            • Cabinet committees
            • Principles of Cabinet decision-making
            • Cabinet and Cabinet committee procedures
            • Secretary of the Cabinet and the Cabinet Office
            • Related Information
          • 6. Elections, Transitions, and Government Formation
            • Introduction
            • The electoral cycle
            • Transitions following an election
            • Caretaker convention
            • Government formation
            • Mid-term transitions
            • Early election
            • Provision of information by the state sector during transitions
            • Related Information
          • 7. The Executive, Legislation, and the House
            • Introduction
            • Speech from the Throne
            • Prime Minister's statement
            • Government legislation programme
            • Revision Bills
            • Law Commission work programme
            • Development and approval of bills
            • Secondary legislation
            • Ministers and the House
            • Ministers and select committees
            • Parliamentary treaty examination
            • Crown's financial veto
            • Citizens initiated referenda
            • Declarations of inconsistency
            • Related information
            • Related information
          • 8. Official Information and Public Records
            • Introduction
            • Information held by government
            • Official Information Act 1982
            • Privacy Act 1993
            • Ombudsmen Act 1975
            • Providing information to select committees
            • Production or discovery of official documents
            • Requests for parliamentary information
            • Ministers and Public Records
            • Disclosure and use of official information by former Ministers
            • Convention on access to Cabinet records of a previous administration
            • Related Information
          • Appendix A: The Treaty of Waitangi/Te Tiriti o Waitangi
          • Appendix B: Letters Patent Constituting the Office of Governor-General of New Zealand 1983
          • Index
        • History of the Cabinet Manual
      • Ministers and their portfolios
        • Ministerial List
        • Ministerial portfolios
          • Briefings to incoming ministers (BIMs)
          • Directory of Ministerial portfolios
        • Register of Assigned Legislation
        • Delegations
        • Ministers' interests
          • Ministers' interests 2020-2021
          • Ministers' Interests 2019-2020
          • Ministers' Interests 2018-2019
          • Ministers' interests 2017-2018
          • Ministers' interests 2016-2017
          • Ministers' interests 2015-2016
          • Ministers' interests 2014-2015
          • Ministers' interests 2013-2014
          • Ministers' interests 2012-2013
      • Executive Council
      • The Honours Unit
    • National Security Group
      • National Security Systems
      • National Assessments Bureau
        • Working for the National Assessments Bureau
      • National Security Policy
        • National Cyber Policy Office
      • National Intelligence and Risk Coordination
      • National Security Workforce
    • Policy Advisory Group
      • Roles and responsibilities
    • Implementation Unit
      • Latest news and updates
    • Strategy, Governance and Engagement Group
    • Child Wellbeing and Poverty Reduction Group
    • COVID-19 Group
    • Government House
    • All of Government COVID-19 Royal Commission of Inquiry
    • Cyclone Recovery Unit
      • Cyclone Recovery Funds and Schemes for people in Affected Regions
  • Departmental agency
    • NEMA
      • Hurunui/Kaikōura Earthquakes Recovery Act 2016
      • Ministerial Review: Better Responses to Natural Disasters and Other Emergencies in New Zealand
  • Our programmes
    • New Zealand Royal Honours
      • Make a nomination
        • Nominations for Honours
        • New Zealand Royal Honours nomination guidelines
        • Nomination Form and Guide to making Nominations
        • Bravery Award Nominations
        • The New Zealand Antarctic Medal: Nomination Guidelines
      • Honours lists and recipients
        • Honours lists
          • Current Members of the Order of New Zealand
          • Knights and Dames of the New Zealand Order of Merit
          • Knights and Dames of the Orders of Chivalry
          • The New Zealand Gallantry Awards
          • The New Zealand Bravery Awards
          • The New Zealand Antarctic Medal
          • The Privy Council
        • Titles and styles of knights and dames
        • Wearing of insignia
          • Order of wear: orders, decorations and medals in New Zealand
          • Method of mounting insignia
      • The New Zealand Royal Honours system
        • Overview of the New Zealand Royal Honours system
        • Forfeiture of Honours
        • History
        • Components of the New Zealand Royal Honours system
          • The Order of New Zealand
          • The New Zealand Order of Merit
          • The Queen's Service Order
          • Gallantry and Bravery Awards
            • New Zealand Gallantry Awards
            • New Zealand Bravery Awards
          • The New Zealand Antarctic Medal
          • The New Zealand Distinguished Service Decoration
          • Other distinctive New Zealand Honours
          • "The Right Honourable"
            • The Right Honourable in New Zealand
          • "The Honourable"
            • Roll of The Honourables
          • Privy Council
        • Order of Wear
        • Rules relating to the acceptance and wearing of Foreign Honours
        • New Zealand Herald of Arms Extraordinary
      • New Zealand Royal Honours Image Gallery
      • New Zealand Royal Honours FAQs
    • The Policy Project
      • About the Policy Project
      • How the Policy Project can help you
      • Policy improvement frameworks
        • Policy quality
        • Policy skills
          • Development Pathways
            • Use the tool
            • How we developed the Tool
        • Policy capability
      • Policy Methods Toolbox
        • Start Right
          • Commissioning Conversations
          • Exploration
          • Green Light
        • Design thinking
          • Journey mapping
          • Role play
          • Prototyping
          • Experience interviews
          • Personas
        • Behavioural insights
          • Behavioural Change Models
        • Community engagement
          • Citizen juries
        • Futures thinking
          • Mythbusters
          • Horizon Scanning
          • Assumption Testing
          • Futures Wheel
          • Scenarios
          • Wind Tunnelling
          • Backcasting
        • Treaty of Waitangi analysis
      • Long-term Insights Briefings
      • Policy advice themes
        • Commissioning a policy project
        • Communicating policy advice
        • Engagement
        • Evidence and evaluation
        • Free and frank advice
        • Innovation
        • Policy and law
        • Stewardship
      • Case studies
        • Inland Revenue Case Study
        • Ministry of Transport Case Study
        • Land Information New Zealand Case Study
      • Policy community
        • Policy system leadership
          • Head of the Policy Profession
          • The Policy Profession Board
          • Tier 2 Policy Leaders' Network
          • Policy capability leads
        • Policy managers
        • Policy practitioners
        • Ways to connect to the policy community
          • The New Zealand community
          • The international community
        • Open Government Partnership
      • Progress and performance
      • Publications
      • Policy community events
      • Blog
      • Navigator
    • Greater Christchurch recovery and regeneration
      • Greater Christchurch Group
        • Roles and responsibilities
          • Disestablishment of CERA
        • External websites
      • The Greater Christchurch Regeneration Act 2016
      • Our regeneration partners
      • Global Settlement Agreement with Christchurch City Council
      • Recovery and regeneration plans
        • Cranford Regeneration Plan
        • Ōtākaro Avon River Corridor Regeneration Plan
        • Lyttelton Port Recovery Plan
        • Residential Red Zone Offer Recovery Plan
        • Land Use Recovery Plan
        • Christchurch Central Recovery Plan
      • Section 71 proposals
        • Commercial film or video production facilities in Christchurch – Section 71 Proposal
        • Hagley Oval
        • Lyttelton Commercial Zone Parking
        • Yaldhurst Recreation and Sports Facility
        • Residential Unit Overlay District Plan Changes
        • Redcliffs School relocation
      • Christ Church Cathedral Reinstatement Project
      • Past Orders in Council
    • National security
      • New Zealand’s national security community
        • The ODESC System during a crisis
          • ODESC
          • Watch Groups
          • Inter-agency Working Groups and Specialist Groups
      • National Risk Approach
        • New Zealand's Nationally Significant Risks
      • National Security Intelligence Priorities
      • Counter-terrorism
        • He Whenua Taurikura
          • He Whenua Taurikura Hui
            • He Whenua Taurikura Hui 2021
            • He Whenua Taurikura Hui 2022
            • He Whenua Taurikura Hui 2023
          • Master’s Scholarship
            • Master's Scholarship 2021/2022
            • Master's Scholarship FAQs
          • He Whenua Taurikura Co-Directors
        • New Zealand's Countering Terrorism and Violent Extremism Strategy
        • Preventing and Countering Violent Extremism Strategic Framework
        • Preventing and Countering Violent Extremism Fund
        • Terrorist and National Security Event Media Protocols
      • Countering foreign interference
      • Cyber Security Strategy
        • Cyber ransom advice
        • United Nations Cybercrime Treaty
          • We asked, you said, we did
      • Intelligence and Security Act 2017
        • 2022 Review of the Intelligence and Security Act 2017
        • Why did we need new legislation?
        • What is intelligence?
        • Defining national security
        • Bringing the agencies further into the public service
        • Powers and warrants
          • Activities allowed under intelligence warrants
          • The authorisation framework
          • Protections for New Zealanders
        • Strengthening oversight of NZSIS and GCSB
        • Whistleblowing and protecting classified information
        • Cover and immunities
          • Cover and assumed identity arrangements
          • Immunities from legal liabilities
        • Sharing information
          • Domestic information sharing
          • Arrangements with foreign partners
        • The National Assessments Bureau
        • Case studies
          • Counter-terrorism
          • Investigating a suspected terrorist
          • Counter-espionage
          • Cyber security in action
        • Resources
      • Strengthening resilience to disinformation
        • Multi-Stakeholder Group to strengthen resilience to disinformation
        • Fund for community-based initiatives to strengthen Aotearoa’s resilience to disinformation
      • Aotearoa's National Security Strategy
      • National Security Long-term Insights Briefing
        • LTIB Topic Consultation Summary
        • 2022 National Security Survey Report
        • 2023 National Security Survey Report
      • Royal Commission of Inquiry into the terrorist attack on Christchurch masjidain
        • The Government’s Response
        • Working with Communities - get involved
          • Kāpuia - Ministerial Advisory Group Nominations
        • Response Steering Group
        • Response Progress
        • Measuring Success
        • Improving Community Engagement
        • Key Documents
        • Get in touch
      • Five Country Ministerial
    • Child and youth wellbeing strategy
      • Publications and resources
    • Reducing child poverty
      • Formal gazetting of targets for reducing child poverty
    • Special programmes
      • Kāpuia – Ministerial Advisory Group
        • Advice from Kāpuia
        • Kāpuia feedback to agencies
        • Kāpuia Pānui
      • Severe Weather Events Recovery Review Panel releases
      • Health and Disability Review Transition Unit
      • COVID-19 Proactive Releases
      • Prime Minister's Chief Science Advisor archives
        • Archive
          • Professor Sir Peter Gluckman 2009-2011
          • Professor Sir Peter Gluckman 2011-2013
          • Professor Sir Peter Gluckman 2013-2015
          • Professor Sir Peter Gluckman 2015-2018
          • Professor Dame Juliet Gerrard 2018-2021
      • Historical Programmes
        • Inquiry into the EQC
        • Connect Smart
        • Canterbury Earthquake Recovery Learning and Legacy Programme
        • Ministerial Committee on Poverty
        • Flag consideration project
        • Christ Church Cathedral Working Group
        • Tackling methamphetamine
  • Publications
  • Browse all sections
  • Publications
  • News and notices
  • Annual reports
  • CabGuide
  • Cabinet Manual
  • Contact us
    • How to make an Official Information Act request
      • Tips for requesting information
      • Guidance on how we will respond
  • About DPMC
    • Who we are
      • Our purpose
      • Our strategic intentions
      • How we deliver
    • Our work
      • Supporting the Prime Minister and Cabinet
      • Supporting the Governor-General
      • Other roles and responsibilities
    • Our history
      • Business units and programmes
    • Careers
  • Our business units
    • Cabinet Office
      • Roles and responsibilities
        • Statutory and formal responsibilities
      • Supporting the work of the Cabinet
        • Cabinet Committees
        • Elections
        • Cabinet Manual
        • History of the Cabinet Manual
      • Ministers and their portfolios
        • Ministerial List
        • Ministerial portfolios
        • Register of Assigned Legislation
        • Delegations
        • Ministers' interests
      • Executive Council
      • The Honours Unit
    • National Security Group
      • National Security Systems
      • National Assessments Bureau
        • Working for the National Assessments Bureau
      • National Security Policy
        • National Cyber Policy Office
      • National Intelligence and Risk Coordination
      • National Security Workforce
    • Policy Advisory Group
      • Roles and responsibilities
    • Implementation Unit
      • Latest news and updates
    • Strategy, Governance and Engagement Group
    • Child Wellbeing and Poverty Reduction Group
    • COVID-19 Group
    • Government House
    • All of Government COVID-19 Royal Commission of Inquiry
    • Cyclone Recovery Unit
      • Cyclone Recovery Funds and Schemes for people in Affected Regions
  • Departmental agency
    • NEMA
      • Hurunui/Kaikōura Earthquakes Recovery Act 2016
      • Ministerial Review: Better Responses to Natural Disasters and Other Emergencies in New Zealand
  • Our programmes
    • New Zealand Royal Honours
      • Make a nomination
        • Nominations for Honours
        • New Zealand Royal Honours nomination guidelines
        • Nomination Form and Guide to making Nominations
        • Bravery Award Nominations
        • The New Zealand Antarctic Medal: Nomination Guidelines
      • Honours lists and recipients
        • Honours lists
        • Titles and styles of knights and dames
        • Wearing of insignia
      • The New Zealand Royal Honours system
        • Overview of the New Zealand Royal Honours system
        • Forfeiture of Honours
        • History
        • Components of the New Zealand Royal Honours system
        • Order of Wear
        • Rules relating to the acceptance and wearing of Foreign Honours
        • New Zealand Herald of Arms Extraordinary
      • New Zealand Royal Honours Image Gallery
      • New Zealand Royal Honours FAQs
    • The Policy Project
      • About the Policy Project
      • How the Policy Project can help you
      • Policy improvement frameworks
        • Policy quality
        • Policy skills
        • Policy capability
      • Policy Methods Toolbox
        • Start Right
        • Design thinking
        • Behavioural insights
        • Community engagement
        • Futures thinking
        • Treaty of Waitangi analysis
      • Long-term Insights Briefings
      • Policy advice themes
        • Commissioning a policy project
        • Communicating policy advice
        • Engagement
        • Evidence and evaluation
        • Free and frank advice
        • Innovation
        • Policy and law
        • Stewardship
      • Case studies
        • Inland Revenue Case Study
        • Ministry of Transport Case Study
        • Land Information New Zealand Case Study
      • Policy community
        • Policy system leadership
        • Policy managers
        • Policy practitioners
        • Ways to connect to the policy community
        • Open Government Partnership
      • Progress and performance
      • Publications
      • Policy community events
      • Blog
      • Navigator
    • Greater Christchurch recovery and regeneration
      • Greater Christchurch Group
        • Roles and responsibilities
        • External websites
      • The Greater Christchurch Regeneration Act 2016
      • Our regeneration partners
      • Global Settlement Agreement with Christchurch City Council
      • Recovery and regeneration plans
        • Cranford Regeneration Plan
        • Ōtākaro Avon River Corridor Regeneration Plan
        • Lyttelton Port Recovery Plan
        • Residential Red Zone Offer Recovery Plan
        • Land Use Recovery Plan
        • Christchurch Central Recovery Plan
      • Section 71 proposals
        • Commercial film or video production facilities in Christchurch – Section 71 Proposal
        • Hagley Oval
        • Lyttelton Commercial Zone Parking
        • Yaldhurst Recreation and Sports Facility
        • Residential Unit Overlay District Plan Changes
        • Redcliffs School relocation
      • Christ Church Cathedral Reinstatement Project
      • Past Orders in Council
    • National security
      • New Zealand’s national security community
        • The ODESC System during a crisis
      • National Risk Approach
        • New Zealand's Nationally Significant Risks
      • National Security Intelligence Priorities
      • Counter-terrorism
        • He Whenua Taurikura
        • New Zealand's Countering Terrorism and Violent Extremism Strategy
        • Preventing and Countering Violent Extremism Strategic Framework
        • Preventing and Countering Violent Extremism Fund
        • Terrorist and National Security Event Media Protocols
      • Countering foreign interference
      • Cyber Security Strategy
        • Cyber ransom advice
        • United Nations Cybercrime Treaty
      • Intelligence and Security Act 2017
        • 2022 Review of the Intelligence and Security Act 2017
        • Why did we need new legislation?
        • What is intelligence?
        • Defining national security
        • Bringing the agencies further into the public service
        • Powers and warrants
        • Strengthening oversight of NZSIS and GCSB
        • Whistleblowing and protecting classified information
        • Cover and immunities
        • Sharing information
        • The National Assessments Bureau
        • Case studies
        • Resources
      • Strengthening resilience to disinformation
        • Multi-Stakeholder Group to strengthen resilience to disinformation
        • Fund for community-based initiatives to strengthen Aotearoa’s resilience to disinformation
      • Aotearoa's National Security Strategy
      • National Security Long-term Insights Briefing
        • LTIB Topic Consultation Summary
        • 2022 National Security Survey Report
        • 2023 National Security Survey Report
      • Royal Commission of Inquiry into the terrorist attack on Christchurch masjidain
        • The Government’s Response
        • Working with Communities - get involved
        • Response Steering Group
        • Response Progress
        • Measuring Success
        • Improving Community Engagement
        • Key Documents
        • Get in touch
      • Five Country Ministerial
    • Child and youth wellbeing strategy
      • Publications and resources
    • Reducing child poverty
      • Formal gazetting of targets for reducing child poverty
    • Special programmes
      • Kāpuia – Ministerial Advisory Group
        • Advice from Kāpuia
        • Kāpuia feedback to agencies
        • Kāpuia Pānui
      • Severe Weather Events Recovery Review Panel releases
      • Health and Disability Review Transition Unit
      • COVID-19 Proactive Releases
      • Prime Minister's Chief Science Advisor archives
        • Archive
      • Historical Programmes
        • Inquiry into the EQC
        • Connect Smart
        • Canterbury Earthquake Recovery Learning and Legacy Programme
        • Ministerial Committee on Poverty
        • Flag consideration project
        • Christ Church Cathedral Working Group
        • Tackling methamphetamine
  • Publications
  • Browse all sections
  1. Home
  2. Publications
  3. CO (09) 1: Law Commission: Processes for Setting the Work Programme and Government Response to Reports
Cabinet Office circular

CO (09) 1: Law Commission: Processes for Setting the Work Programme and Government Response to Reports

Publication type:
Cabinet Office circular
Published by:
Cabinet Office
Part of:
Supporting Cabinet decision-making
Issue status:
Current
Issue date:
Thursday, 9 April 2009
Version note:

Intended for:

  • All Ministers
  • All Chief Executives
  • All Senior Private Secretaries
  • All Private Secretaries
  • Clerk of the House of Representatives
  • President of the Law Commission
Additional details
Publication category:
Guidance,
Cabinet Office circular
Last updated:
Thursday, 16 March 2017
Copyright:
© Crown Copyright, Creative Commons Attribution 4.0 International

Formats

  • CO (09) 1: Law Commission: Processes for Setting the Work Programme and Government Response to Reports
    PDF
    52 KB

Key points#

  • The government has adjusted some aspects of the processes for selecting Law Commission projects, how the Parliamentary Counsel Office should work with the Law Commission and responding to Law Commission reports on government references. This circular sets out the new processes and confirms existing processes that still apply to Law Commission projects.
  • The Minister Responsible for the Law Commission will select government-referred projects for the annual Law Commission work programme following consultation with the relevant portfolio Ministers.
  • Ministers who are proposing projects for referral to the Law Commission will be required to comment on how the proposed projects align with government priorities and confirm that departmental resources will be made available to work with the Law Commission during the project and to provide advice to the Government in responding to the final report of the Law Commission on the project. Proposed projects should meet one or more of the criteria set out in paragraph 12.
  • The government will determine its position on Law Commission reports on government references by considering a Cabinet paper submitted by the relevant portfolio Minister. The portfolio Minister will determine on a case by case basis which agency is to prepare Cabinet papers on the topic. Where it is proposed to present a formal response to the House of Representatives, the Cabinet paper will include the views of the Law Commission.
  • If Cabinet decides to accept the Law Commission’s recommendations, with the result that a Bill is required, the Bill will be prepared with no further need for the government to present a response to the House of Representatives.
  • If, however, Cabinet rejects the Law Commission’s recommendations, or the government is responding to a self-initiated Law Commission project other than by introducing a draft Bill, the government will still be required to present to the House of Representatives a response to a Law Commission report within 120 working days.
  • A place on the annual Legislation Programme still needs to be sought at the earliest opportunity for a proposed Bill resulting from Law Commission recommendations.
  • The Minister Responsible for the Law Commission is required to present all Law Commission reports to the House of Representatives and publish those reports in accordance with section 16 of the Law Commission Act 1985. The current administrative arrangements supporting this process will continue.

Introduction#

1Cabinet has recently made decisions adjusting aspects of the interaction between the Law Commission and executive government.

2Projects for the Law Commission may be proposed by any Minister or by the Law Commission in consultation with its stakeholders. This circular, which replaces Cabinet Office circular CO (07) 4, makes adjustments to the processes for:

2.1 selecting projects referred to the Law Commission by the government (government references);

2.2 how the Parliamentary Counsel Office (PCO) should work with the Law Commission;

2.3 how the government will respond to Law Commission reports resulting from either government references or projects initiated by the Law Commission (self-initiated projects).

3The processes in this circular apply to reports in the Law Commission’s report series presented to the House of Representatives (the House) after the date of this circular. They do not apply to reports in the Law Commission preliminary paper series, study paper series, or annual reports.

Projects referred to the Law Commission by the government#

Process for selecting Law Commission projects

4Each year the Minister Responsible for the Law Commission (MRLC) will write to all Ministers inviting suitable proposals with a view to settling the work programme by the end of June (1).

5Ministers will be required to:

5.1 comment on how proposed projects align with government priorities; and

5.2 confirm that departmental resources will be made available to work with the Law Commission during the project and to provide advice to the Government on responding to the final report of the Law Commission.

6To allow for adequate scoping and costing of potential projects, early correspondence with and engagement by Ministers is desirable.

7Following consultation with Ministers, the MRLC will approve an annual programme of projects for the Law Commission. Only projects supported by the relevant portfolio Ministers should be contained in the programme. The resource implications for the relevant departments in working with the Law Commission on a particular project and in responding to the final report of the Law Commission are to be considered by the MRLC in approving a programme.

8Proposed projects should meet one or more of the following criteria:

8.1 involve issues that span the interests of a number of government agencies and professional groups;

8.2 require substantial, long term commitment or fundamental review;

8.3 involve extensive public or professional consultation;

8.4 need to be done independently of central government agencies because of the existence of vested interests, or a significant difference of views;

8.5 require independent consideration in order to promote informed public debate on future policy direction;

8.6 involve technical law reform of what is often called “lawyer’s law” that would be likely otherwise to escape attention.

Providing departmental and drafting assistance on government references to the Law Commission

9If a project is approved, departmental resources should be made available to work on the project so that officials are kept in touch with the development of the project and can provide advice on it. This may include the provision of PCO legislative drafting assistance, if the nature of the report is such that it would be appropriate to append a draft Bill to it.

10The extent to which the PCO will provide assistance at this stage will be considered by the government on a case by case basis. Any PCO drafting assistance to Law Commission projects must also be considered in light of the Government’s legislation programme priorities and take into account any PCO drafting resources that are already seconded to the Law Commission.

Cabinet consideration of Law Commission recommendations

11Once a portfolio Minister has received a Law Commission report, a draft Cabinet paper will be prepared as soon as reasonably practicable reflecting the views of the Minister and all relevant agencies, and incorporating split recommendations where there is no consensus.

12The portfolio Minister will decide on a case by case basis which agency will prepare the draft Cabinet paper on the Minister’s behalf. Options include:

12.1 the portfolio Minister’s department or other agency (the agency) preparing the Cabinet paper in consultation with other relevant agencies (including the Law Commission);

12.2 the agency and the Law Commission jointly preparing the Cabinet paper;

12.3 the Law Commission preparing the Cabinet paper in consultation with all relevant agencies;

12.4 the Cabinet paper being prepared in any alternative manner.

13The relevant Minister will submit the paper to a Cabinet committee seeking Cabinet’s approval of the recommendations in the Law Commission report to the extent that the Minister considers appropriate.

14If Cabinet accepts the recommendations with the effect that a Bill will be required, Cabinet will add the Bill to the Legislation Programme with an appropriate priority. If a Bill ready for introduction is not already appended to the Law Commission report, Cabinet may invite either the portfolio Minister or the Law Commission (as considered by Cabinet to be appropriate in the particular case) to issue drafting instructions to the PCO. The Bill that ensues will be introduced in the normal way in the name of the portfolio Minister.

Government response may be required

15Where Cabinet accepts the recommendations in the Law Commission report, there will be no need for a formal government response to the Law Commission report to be presented to the House.

16If Cabinet rejects the recommendations in the Law Commission report, the government will continue to be required to respond formally, by way of a paper presented to the House within 120 working days of the presentation of the Law Commission’s report to the House. This process is set out in paragraphs 21 to 24.

Projects initiated by the Law Commission#

17It remains open to the Law Commission to initiate projects itself.

18In the case of Law Commission reports on such projects, the government is required to respond to the recommendations within 120 working days of the presentation of the Law Commission report to the House, either by presenting a response to the House or by introducing a Bill.

19If the Law Commission report raises matters that require policy decisions to be taken by Cabinet, a paper will need to be submitted to the appropriate Cabinet committee prior to the consideration of a proposed government response or draft Bill by the Cabinet Legislation Committee. The process for presenting a response to the House is set out in paragraphs 21 to 24.

Process where government response to be presented to House#

20The government is required to present to the House a response to a Law Commission report in two circumstances:

20.1 if Cabinet rejects the Law Commission’s recommendations on a government reference; or

20.2 if the government responds to self-initiated Law Commission projects other than by introducing a draft Bill.

21A government response must be presented to the House within 120 working days from the time that the Law Commission presents its report to the House.

22Where a government response is required to a Law Commission report, the relevant Minister must obtain Cabinet approval for the text of the government response by submitting the response, with a Cabinet paper, to the Cabinet Legislation Committee and Cabinet. In this case, the Cabinet paper is to include the views of the Law Commission.

23Template documents showing the standard format for a government response and the Cabinet Legislation Committee paper are attached as Appendices 1 and 2. The template will need to be adapted to match the format of the particular Law Commission recommendations. It may be appropriate to summarise or cluster key recommendations together when drafting the government response.

24Once the government response is approved by Cabinet, the office of the Minister concerned must arrange the presentation of the government response by delivering it the Clerk of the House of Representatives in the usual way.

Presentation of Law Commission reports to the government and the House#

25After the Law Commission has completed a report, it submits the report to the MRLC and the relevant portfolio Minister.

26The MRLC is required to present all Law Commission reports to the House and publish reports in accordance with section 16 of the Law Commission Act 1985. Once a report has been presented to the House, or 20 working days after an advance copy of the report has been forwarded to the MRLC and the relevant portfolio Minister, the Law Commission will publish the report. This 20 working day period is to allow the government time to prepare its initial views for conveying to the Law Commission and more widely as appropriate.

27The office of the MRLC is responsible for:

27.1 the administrative function of presenting Law Commission reports to the House;

27.2 monitoring the progress of government responses to Law Commission reports.

28The office of the relevant portfolio Minister is responsible for the administrative function of presenting any government response to the House.

Place on annual Legislation Programme still required#

29A place on the annual Legislation Programme is still required for proposals for Bills that emerge as a result of the government accepting Law Commission recommendations. Ministers should submit proposals for Bills to be incorporated into the annual Legislation Programme, either as part of the annual process (if the prospect of a Bill is known at that stage) or as part of the Cabinet paper seeking agreement to the Law Commission’s recommendations. The normal processes for obtaining a place on the Legislation Programme are set out in Chapter 7 of the Cabinet Manual, the legislation procedures in the CabGuide, and the relevant annual circular.

Rebecca Kitteridge
Secretary of the Cabinet

1Beginning with the programme for the 2009/10 year.


Appendix 1#

Below is the format for recommendations for a paper seeking approval by LEG of the government response to a Law Commission report.

The Minister of xx recommends that the Cabinet Legislation Committee:

  1. note that on xx [date], the Minister Responsible for the Law Commission presented the Law Commission’s report entitled xx to the House;
  2. note that the Law Commission recommended that the government:
    xx [summarise key recommendations of Law Commission’s report];
  3. note that on xx [date],
    xx [summarise any relevant policy decisions taken with appropriate minute references];
  4. note the submission of the Minister of xx and in particular his/her advice that:
    xx [summarise main points of the proposed government response];
  5. approve the proposed government response, attached to this submission, to the report of the Law Commission entitled xx;
  6. note that the government response must be presented to the House by xx [date];
  7. invite the Minister of xx to present the government response to the House.

Note: The above format is set out on the basis of prior approval of the relevant policy issue. If necessary, the proposed government response could be prepared and considered by a policy committee at the same time as the policy is considered. In that case, the above recommendations should be adapted and added to the policy paper. There would then be no need for the proposed government response to be considered by LEG.


Appendix 2#

GOVERNMENT RESPONSE TO LAW COMMISSION REPORT ON [title]#

Presented to the House of Representatives#

GOVERNMENT RESPONSE TO LAW COMMISSION REPORT ON [title – as on cover page]

Introduction#

An opening remark such as:

“The government has carefully considered the Law Commission’s report on xx”.
or
“The government welcomes the Law Commission’s report which represents a major contribution to the development of policy on xx”.

A sentence stating:

“The government responds to the report in accordance with Cabinet Office circular CO (09) 1”.

Any general statements or explanations of the nature and content of the response, such as:

“The government has taken (or intends to take) action on the majority of the Commission’s recommendations”. or
“The government has taken action on certain of the Commission’s recommendations, but is as yet unable to respond positively on the recommendations dealing with xx because xx”. or
“The government has carefully considered the Commission’s recommendations and has identified the need for further work on the issues raised. The government priority for this further work, relative to other higher priorities, means that significant progress on this work is unlikely to be made within the next xx.”

Law Commission Report and Government Response#

Law Commission Report

[Summarise key recommendations of Law Commission’s report].

Response

List key recommendations of report and response in turn.

[For each recommendation or group of recommendations: State response. This should be concise and informative. Responses should be framed in terms of how “the government” responds to the issue, with references to the responsibilities of and action taken by particular Ministers/departments as appropriate].

Conclusion#

Brief summary of overall response.

  • Previous
  • Next
Sidebar anchor

Related publications

CO (23) 9: Investment Management and Asset Performance in Departments and Other Entities

Cabinet Office circular
18 Sep 2023

CO (23) 8: Constitutional Procedures after the Election

Cabinet Office circular
31 Aug 2023

CO (23) 7: Management of Parliamentary Business after the Dissolution of Parliament

Cabinet Office circular
22 Aug 2023

CO (23) 6: Use of External Resources in the Policy Process: Cabinet Paper Requirement

Cabinet Office circular
15 Aug 2023

CO (23) 5: Guidelines for Dealing in Financial Products on Markets (Inside Information and Market Manipulation)

Cabinet Office circular
12 Jul 2023

CO (23) 4: Proactive Release of Cabinet Material: Updated Requirements

Cabinet Office circular
29 Jun 2023
View all publications

Content wrapper

Help us improve DPMC

Your feedback is very important in helping us improve the DPMC website.


More menu anchor
Home Department of the Prime Minister and Cabinet (DPMC)
Page url

Toitū carbon reduce ISO 14064-1 organisation

Back to top

About DPMC
  • Who we are
  • Our work
  • Our history
  • Careers
Our business units
  • Cabinet Office
  • National Security Group
  • Policy Advisory Group
  • Implementation Unit
  • Strategy, Governance and Engagement Group
  • Child Wellbeing and Poverty Reduction Group
  • COVID-19 Group
  • Government House
  • All of Government COVID-19 Royal Commission of Inquiry
  • Cyclone Recovery Unit
Departmental agency
  • NEMA
Our programmes
  • New Zealand Royal Honours
  • The Policy Project
  • Greater Christchurch recovery and regeneration
  • National security
  • Child and youth wellbeing strategy
  • Reducing child poverty
  • Special programmes
Publications
  • Publications
  • News and notices
  • Annual reports
  • CabGuide
  • Cabinet Manual
  • Contact us
  • Copyright and licensing
  • Privacy
  • About this site
  • Disclaimer
  • Site map
Visit the Homepage | New Zealand Government Visit the Homepage | New Zealand Government

© Copyright 2023 Department of the Prime Minister and Cabinet.

New Zealand Government