Formats
Introduction#
1This circular sets out the requirements for bids for bills to be awarded places on the 2023 Legislation Programme.
2Ministers and agencies are asked to consider legislative priorities for the remainder of the term of the 53rd Parliament, rather than for the 2023 year. This will enable the Government to deliver key priorities laid out for this term before the 2023 general election.
3Information on the Legislation Programme, including the priority categories for bills, can be found on the CabGuide website.
Invitation to submit proposals, deadline and format#
4Ministers are asked to arrange for bids for the 2023 Legislation Programme to be delivered to the Legislation Coordinator in the Cabinet Office by 10.00am on Monday, 21 November 2022.
5The standard format for bids can be found on the CabGuide website and is set out in the annex to this circular.
6Each set of bids for a particular portfolio must be accompanied by a covering letter from the Minister. If there are multiple bids within a portfolio, the covering letter must rank the bids in order of priority.
7All bids should be sent via email to the Legislation Coordinator, Sam Moffett, using the address at the bottom of this circular.
Process for developing the Legislation Programme#
8Bids will be summarised for the Cabinet Legislation Committee (LEG) to consider, and for an initial assessment of priorities. The draft Legislation Programme agreed by LEG is confirmed by Cabinet.
9From time to time, the Leader of the House will report to Cabinet on the progress of the Legislation Programme, and may adjust priorities in consultation with the Prime Minister.
Items for which a bid is required#
10To allow for the planning of House time and the allocation of drafting resources, a bid is required for:
10.1every bill that is currently before the House or a select committee;
10.2bills that are currently undergoing policy development work or are being drafted, and for which there was a successful bid in 2022;
10.3policy proposals that are likely to result in a bill being introduced before the end of the 53rd Parliament (including bills likely to be proposed in Law Commission reports).
11Bids for contingency or placeholder bills should be avoided. New bills can be added to the Legislation Programme during the year to address any unforeseen need for legislation.
12Agencies preparing bids for minor amending bills should include an assessment of whether these bills may qualify for inclusion in a future Statutes Amendment Bill instead. Statutes Amendment Bills are regularly introduced to promote minor, technical, non-urgent, and uncontroversial amendments to a collection of Acts, and are the appropriate vehicle for such amendments. Bids seeking to advance legislation that could be included in a Statutes Amendment Bill should include an explanation of why a standalone bill is being sought instead, e.g., for timing reasons.
Priorities and cooperation arrangements#
13Ministers are asked to approach their proposals for bills in light of the Government’s overall priorities. Agencies must explain how each bid aligns with the Government’s priorities, enables the Government to meet its policy commitments, and/or contributes to the efficient and effective operation of the relevant regulatory system.
14Bids that seek a priority of either two (must be passed during the 53rd Parliament) or three (to be passed if possible during the 53rd Parliament) must be accompanied with a reason why they must or should be passed before the 2023 general election. Examples of such reasons include; meeting a commitment made under the Labour Party’s 2020 Election Manifesto, meeting a commitment made under the Government’s cooperation agreement with the Green Party, or fulfilling a legal or other mandatory requirement that must be met before the election.
15Ministers should ensure that proposed timelines for legislation take into account the need for consultation with the government caucus from an early stage in the policy development process.
Planning and capacity#
16When making recommendations to Ministers, agencies must ensure that realistic project planning is in place to take into account;
16.1the time that is required for policy development;
16.2discussion with the Legislation Design and Advisory Committee (LDAC);
16.3drafting, including time for the agency to respond to drafting queries and for PCO’s quality control to be carried out;
16.4any consultation with agencies and the public;
16.5Bill of Rights Act 1990 vetting;
16.6ministerial, caucus, and cross-party consultation; and
16.7Cabinet approval.
17Any bids for bills not yet introduced should include an achievable timeline that has been discussed with PCO. If PCO advises that the proposed timeline is not realistic, this advice, and the reasons for it, must be included in the bid.
18If a bill was on an earlier Legislation Programme, but did not proceed (e.g. because policy development or drafting instructions were delayed), the bid must explain why the bill did not proceed as planned and how the proposed new timelines can be met.
19When seeking a priority for a bill that has already been introduced, but for which substantial changes are likely to be required, agencies should consult PCO about the time required for further drafting and policy development. The timeline proposed for the bill should reflect the time required.
20In accordance with the government’s cooperation agreement with the Green Party, Ministers should ensure, and indicate, that appropriate consultation has taken place.
21Policy approvals must be obtained before drafting instructions are issued (see paragraph 7.52 of the Cabinet Manual). While the Attorney-General has the power to approve drafting in advance of Cabinet policy approvals, this is designed to be rarely used and only for emergencies or unavoidable situations. Similarly, delays in policy development cannot be made up by reducing the time set aside for drafting the bill. If agencies face delays, they should revise their implementation plans and seek a priority that reflects the new timeline.
22A minimum of eight months should be allowed for the passage of a bill from introduction to enactment. Much of this time is usually in select committee, where bills spend up to six months by default. This time limit for select committee can be reduced by a government motion in the House. However, any attempt to reduce this time to less than four months is subject to unlimited debate in the House. This should be avoided wherever possible. All bids proposing to refer a bill to select committee for less than six months must be discussed with the office of the Leader of the House first, and the outcomes of that discussion recorded in the bid.
23The requirements in paragraphs 15 to 17 and 19 and 20 also apply to secondary legislation associated with a bill. The bid for the bill must describe the nature and extent of necessary secondary legislation, and propose a timeline that includes the dates by which:
23.1any necessary Cabinet policy decisions on secondary legislation are to be taken (which should be before the bill is read a first time);
23.2drafting instructions for the secondary legislation are to be sent to PCO (which should be before the bill reaches committee of the whole House unless the secondary legislation is to commence at least 12 months after the bill is to commence);
23.3consultation, drafting, and promulgation processes for secondary legislation are to be carried out, including any relevant matters set out in paragraph 19.
Discharging existing bills#
24Ministers may wish to consider whether an existing bill before the House or a select committee should be discharged from the Order Paper. To do so, a Minister should still bid for the bill, but assign the bill priority seven status (not to proceed). Ministers should consult the office of the Leader of the House before recommending a bill be discharged.
Role of the Parliamentary Counsel Office#
25PCO’s role is to draft bills approved for introduction in the Government’s Legislation Programme. Agencies should prepare material for inclusion in their Ministers’ bids on the basis that drafting will be undertaken by PCO. The only exception is Inland Revenue, which is authorised to draft certain revenue legislation.
26PCO is available for general consultation to assist agencies in preparing bids. PCO can provide advice on the expected size and complexity of a bill, the proposed timeline for its introduction and passage, and whether it should be referred to LDAC for advice. Agencies should contact the PCO team manager responsible for their legislation:
26.1Melanie Bromley ([email protected], 021 827 014);
26.2Mark Gobbi ([email protected], 021 897 460);
26.3Alana Belin ([email protected], 021 819 817); or
26.4Stephen Rivers-McCombs ([email protected], 021 816 689) .
26.3Dagny Baltakmens ([email protected], 021 193 9655)
27Ministers may ask the PCO to size the necessary drafting for each proposed bill or substantive Supplementary Order Paper (SOP), to assist in ensuring the Legislation Programme is realistic and achievable. Proposals should be clearly defined. If drafting cannot be clearly and accurately sized, the resulting bills may not gain a place on the programme, or may encounter delays.
Role of the Legislation Design and Advisory Committee#
28LDAC was established to advise Ministers and departments in the initial stages of developing legislation. LDAC advises on legislative design and consistency with legal and constitutional principles, as set out in the Legislation Guidelines (2021 edition).
29In making a bid, agencies must indicate whether a bill will be referred to the LDAC for advice and, if not, explain why. Information about bills that should be referred to the LDAC is available on its website (here), including factors to consider in deciding whether to consult with LDAC on a proposal (here). Agencies can also discuss LDAC’s involvement with the LDAC Adviser or with PCO.
30If LDAC is to be consulted on a bill, agencies should allow time for this consultation when setting the timeline for the bill.
Preparing drafting instructions#
31Good, timely drafting instructions are essential for good, timely legislation. PCO can advise on the preparation of drafting instructions. Agencies should take advantage of this advice, and use the resources available at http://www.pco.govt.nz/working-with-the-pco/ and the information on legislation bids at FAQs 1.8 and 1.9.
Rachel Hayward
Acting Secretary of the Cabinet
Enquiries:
Sam Moffett, Legislation Coordinator, Cabinet Office
Ph: 912 0530
[email protected]
Annex#
In Confidence
Office of the Minister [of/for xx]
Government Examples Bill: Request for priority in the 2023 Legislation Programme#
Summary information
1Give the following details about the bid for legislation:
1.1the portfolio of sponsoring Minister;
1.2the department responsible (include a departmental contact name and phone number);
1.3the title of the proposed Bill (or the Bill in which these legislative changes are to be included);
1.4the proposed ranking of Bill within the bids from this portfolio; and
1.5whether the Bill is estimated to be small/medium/large and whether of low/medium/high complexity;
1.6the proposed priority category (more information about this is in the ‘need for legislation’ section below); and
1.7the explanation for why the proposed priority is being sought, including, if the proposed priority is 2 or 3, a reason why the Bill must or should be passed before the 2023 general election (for example, to meet a commitment made under the Labour Party’s 2020 Election Manifesto, to meet a commitment made under the government’s cooperation agreement with the Green Party, or to fulfil a legal or other mandatory requirement that must be met before the election).
2The summary information is required for bids prepared in response to the annual request for bids. For papers to LEG seeking a priority outside this process, the "summary information" section should be replaced with a "proposal" section that succinctly states what Ministers are being asked to decide.
Policy
3Briefly summarise the policy to be implemented by the Bill, giving the Cabinet or Cabinet committee minute references and dates of relevant Cabinet and Cabinet committee decisions (i.e. Cabinet agreed to the policy on 21 August 2023 [CAB-23-MIN-0099]).
4Explain how the bid aligns with the Government’s priorities, enables the Government to meet its priority commitments, and/or contributes to the efficient and effective operation of the relevant regulatory system.
5Indicate any aspects of the Bill that are likely to be contentious.
6Note any policy issues that have not yet been agreed and the dates by which these are expected to be resolved by Cabinet.
Need for legislation
7Why is legislative action needed to implement the policy? Please attach or refer to legal advice.
8Indicate the suggested priority (the priority categories are outlined in the CabGuide). Is it essential that legislation be enacted in the period under consideration, or simply desirable? If it is essential, explain why, drawing a direct link to the applicable Cabinet decision or government commitment.
9If the proposal is for amending legislation, has the principal Act been amended in the last year or will it be amended in the near future? If so, explain why this amendment is needed now, why it was not made as part of the previous legislation, and what consideration has been given to undertaking a broader review or rewrite of the legislation.
Compliance
10Indicate whether the Bill is likely to comply with each of the following, with reasons if the Bill is not expected to comply:
10.1the principles of the Treaty of Waitangi;
10.2the rights and freedoms contained in the New Zealand Bill of Rights Act 1990 and the Human Rights Act 1993;
10.3the principles and guidelines set out in the Privacy Act 2020 (if the legislation raises privacy issues, indicate whether or not the Privacy Commissioner agrees that it complies with all relevant principles);
10.4the relevant international standards and obligations; and
10.5the Legislation Guidelines (2021 edition),which are maintained by the Legislation Design and Advisory Committee.
Binding on the Crown
11At the policy development stage a Cabinet committee must decide whether the Bill should bind the Crown. Provide advice, if possible, on what is likely to be recommended. See the Cabinet Office circular Acts Binding the Crown: Procedures for Cabinet Decision [CO (02) 4] for further guidance.
Consultation
12Summarise the consultation on policy issues that has already taken place or will be needed with each of the following groups, as well as the results of any consultation that has already taken place:
12.1relevant government departments or other public bodies; and
12.2relevant private sector organisations and public consultation processes.
13If consultation on policy issues has not yet been completed, indicate the date by which it is expected to be completed.
14Indicate whether the proposed Bill will be referred to the Legislation Design and Advisory Committee for advice and, if not, explain why. If consultation is indicated, this should be factored into the legislative timeline.
15Indicate whether an exposure draft of the Bill will be released for consultation before the Bill is introduced and, if so, provide details about why, when, how, and who to.
16Summarise the consultation that has already taken place or will be needed with the government caucus, the Green Party to give effect to the cooperation agreement, and other parties represented in Parliament.
Secondary legislation
17Is secondary legislation likely to be needed within 12 months of the Bill being enacted to give effect to the provisions in the Bill? If so, summarise briefly the secondary legislation that will be needed, its likely timing (taking into account the 28-day rule), and the likely size of the drafting task involved to develop them.
Timeline
18If the Bill must come into force by a particular date, give the date and explain why. If it is proposed that the Bill be expedited faster than standard timelines (see below) explain why.
19Summarise the proposed timing for the legislation in chronological order, as follows Provide Cabinet or Cabinet committee references where any deadlines have been established by Cabinet or Cabinet committee decision:
| Step | Proposed Date | Consistency assurance |
|---|---|---|
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Date on which final policy approvals were, or will be, obtained from Cabinet |
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Describe process before or since this date (e.g. consultation, discussion documents). If a Bill had a place on an earlier Legislation Programme but did not proceed, explain why the bill did not proceed as planned and why the proposed new timeline can be met. |
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Date on which complete drafting instructions were or will be sent PCO |
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Note the period between submission of instructions and approval for introduction provided for drafting and consultation on the draft Bill – relate your estimate for this phase to the expected length and complexity of the Bill. PCO gives advice on how to estimate these matters. This date should be at least three months (depending on expected length and complexity of the Bill) before the date on which the Bill will go to Justice (or Crown Law if applicable) (see below). If there will be an exposure draft, at least two additional months are needed between these dates. If not, give reasons. Note any concerns expressed by PCO. |
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Date by which the Bill will be released for exposure draft (if an exposure draft is planned) |
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Allow enough time to amend the Bill in response to comments from the exposure draft before the Bill goes to Justice (or Crown Law if applicable). |
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Date by which the Bill will go to the Ministry of Justice (or Crown Law if applicable) for an assessment of consistency with the New Zealand Bill of Rights Act 1990 |
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This date must be at least two weeks prior to the paper being considered by LEG. |
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Dates on which the Bill will be before LEG and Cabinet for approval for introduction |
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Date by which any policy decisions for associated secondary legislation will be before Cabinet |
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This date should be before the first reading of the Bill. Give reasons if not. |
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Date requested for introduction of the Bill |
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Date of report back from select committee |
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Allow six months for the select committee process (or, at a minimum, four months). If new policy is proposed to be added to a Bill at select committee, this date should be no less than six months from the first reading of the Bill, and a select committee extension should be sought if it has an earlier report back date set at present. |
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Date on which final policy approvals will be obtained from Cabinet for any substantive Supplementary Order Paper (SOP) to Bill (if already introduced) |
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Describe the process before or since this date (e.g. consultation, discussion documents). |
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Date on which final drafting instructions were or will be sent to PCO for any substantive SOP to Bill (if already introduced) |
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This date should be at least 2 months (depending on expected length and complexity of the SOP) before the date on which the substantive SOP will be submitted to Cabinet for approval. Note any concerns expressed by PCO. |
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Date by which final drafting instructions for any associated secondary legislation will be sent to PCO |
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This date should be before the committee of the whole House stage of the Bill. Give reasons if not. |
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Date of enactment |
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Date of commencement |
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Recommendations
20The Minister [of/for xx] recommends that the Committee:
20.1note that the [title] Bill will [briefly summarise the policy to be implemented by the Bill];
20.2note that the [title] Bill ranks [xx] within the bids from my [name of portfolio] portfolio;
20.3approve the inclusion of the [title] Bill in the 2023 Legislation Programme, with a priority [xx] (give the proposed priority number and brief description of priority);
20.4(for priority 2 or 3 Bills only) note that the recommended priority is sought to [set out reason why the Bill must or should be passed before the 2023 general election here];
20.5note that drafting instructions will be provided to the Parliamentary Counsel Office by [date];
20.6note that the Bill should be introduced no later than [date];
20.7note that the Bill should be passed no later than [date].
Authorised for lodgement
Hon Jane Jones
Minister of Examples