CHAPTER 3: POLICY APPROVAL
LEVELS OF APPROVAL
3.1 Every measure included in a bill must have policy approval at the appropriate level, as follows:
| Measure | Authority | Reference |
|---|---|---|
| Measures with significant policy implications | Cabinet | paragraph 3.5 |
| Measures with minor policy significance | Prime Minister | paragraph 3.8 |
| Technical amendments within existing policy | Relevant minister | paragraph 3.23 |
| Technical corrections of the kind that would otherwise be suitable for inclusion in a Statute Law Revision Bill | First Parliamentary Counsel | paragraph 3.34 |
3.2 For measures with minor policy significance, the agreement of other ministers will be necessary when the measures affect their portfolio interests. It is expected that other ministers' agreements be obtained before the Prime Minister's approval is sought.
THE BEGINNING OF THE POLICY APPROVAL PROCESS
3.3 As soon as a department becomes aware of a need for action that may involve legislation, it must:
- (a) begin work on settling policy details, consulting other departments and agencies as necessary;
- (b) confirm that legislation is necessary to achieve the policy objectives;
- (c) where appropriate, discuss with OPC how to avoid unduly complex legislation and whether there might be alternative approaches which would permit simpler legislation (see also paragraphs 5.16 to 5.17); and
- (d) consult the OBPR at an early stage to determine if a RIS is required (see paragraphs 2.12 to 2.13).
3.4 If legislation is required, the minister must seek policy approval for measures in the proposed bill and also seek a place for the bill on the legislation programme. Seeking policy approval will involve preparing a Cabinet submission or a letter requesting the Prime Minister's approval (in accordance with paragraph 3.1).
- (a) Where a RIS has been prepared as part of the policy development process it is to be included in the submission or with the letter and must:
- (i) include an assessment of the costs and benefits of alternative means of addressing the policy objective (see paragraphs 2.12 to 2.13); and
- (ii) be tabled as part of the explanatory memorandum (see paragraphs 7.5(b) and 7.14 to 7.15).
