Philippa Branthwaite

The Regulatory Standards Bill is another attack by National, Act and NZ First on our country.

This time they are selling us out to private overseas company and putting private property and private business ahead of any concerns for the environment, the Treaty, and the common goals we have as a country around health, our land, water, and the environment.

This bill has already been rejected three times by previous parliaments in the past 20 years including by the National party.

Act, who got only 8 percent of the votes is calling the tune again and Prime Minister Christopher Luxon, the so-called great negotiator, folded again when working out his deal with Act and said “yes”.

The Regulatory Standards Bill requires every piece of legislation and regulation to meet the standards in this bill and it is retrospective, which means that existing legislation can be changed to reflect the principles of this flawed bill and the Act party.  

What is it about? Well, it gives more rights to companies and to private property owners than to the public.

It includes a frightening principle that means corporate interests are more important than all public and indigenous rights.

And, of course, it excludes the Treaty and has had no meaningful consultation with Māori during the writing of the bill.

In practice, this all means that local and foreign-owned corporates can sue the Government if they put in legislation or regulations that limit their profits.

Some examples of this are:

n A tobacco company can claim property infringement if a government attempts to regulate its marketing or wants the packaging to include health warnings.

We already do this but because the bill is retrospective, Philipp Morris could sue New Zealand the way they sued the Australian government.

n A fossil fuel company can claim a loss of property if the government halts oil or gas exploration or attempts to tax the use of fossil fuel in vehicles as a way of reducing emissions.

We are already doing this, so again, it opens up the ability for them to sue the government.  

n An agribusiness can claim a loss of production if the government regulates against it polluting waterways or groundwater with its pesticide run-off.  

And we are already regulating this, so again, the private company could stop the government from doing it.

These are examples of the Government creating laws and regulations for public good – having clean water, reducing our omissions and keeping us healthy.

That is the Government’s job. Not creating legislation that allows private and overseas companies to plunder our health and public provisions.    

But, it not only allows local and foreign-owned corporates to sue the government if they put in regulations that limit their profits, it also enables these same companies to require Māori and environmental groups to reimburse corporations for any loss to their profits caused by Government regulations that protect Māori or environmental land claims.

And, if you protest against this the individuals who lead protests can also be sued.

And the Treaty? The Regulatory Standards sets out to achieve what they failed to do with the Treaty Principles Bill.

It removes the protections against corporate exploitation provided by the Treaty. It basically tries to sidestep the Treaty.

I didn’t vote for any of this, and I am sure most of you didn’t either.

Submissions on this bill closed on Monday, but it’s not too late to let our local MP Dana Kirkpatrick know that New Zealand does not need this bill and ask her to vote against it.