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Author: Setareh Masoud-Ansari
Published: 9 April 2018
Pages: 15

Introduction

This paper provides an overview of regulatory framework affecting the New Zealand primary industry and provides practical approaches to respond proactively on your client’s behalf. Primary industry clients are faced with ever more complex economic and regulatory issues. Each new legislation, regulation, plan and policy adds to the bottom line of an industry that is often family run. Although the cost of regulation is an element that is part of the mix of matters that a government of local authority looks at before imposing the regulation, often the true cost of regulation is not reflected in legislation and policy. As such, as advisors, lawyers need to engage effectively with the public sector both at the primary stage when policy and legislation are being drafted and at the implementation stage when a client is required to do something as a result of the introduction of new legislation or policy, or simply because an activity a client is conducting falls within an existing regulatory framework.
The aim of this paper is to set out some of the main areas of law that impact on primary industries, and how to assist your clients if they approach you with an issue. Given that there are over a 1000 regulatory instruments on the books between central and local government, not every one is covered, only the most significant ones. However, the proposed approach can assist in most instances.

This paper does not focus on cases, it is more a procedural guide of how to respond to the regulator. It contains some roadmaps of avenues available to you and your clients to exercise when they are approached by officials to inquire into the running of their activities. This paper does not propose to address issues that are related to specific prosecutions or cases. It also does not address employment issues or taxation issues.

Content outline

• What are Regulatory Roadblocks?
  - Purpose of Regulation
  - Cost Benefit Analysis
  - Regulatory Costs
  - Assessing the Regulatory System
  - Elements of the Regulatory System
  - Generic Weaknesses Across the Regulatory System
  - Inadequate Feedback Loops
  - Commission's Observations
• Practical Approaches to Deal with the Public Sector
  - What if you can't agree?