Post-legislative scrutiny in New Zealand: Challenging the status quo

Abstract

This paper explores and comments on post-legislative scrutiny in New Zealand. It concludes that substantial New Zealand-based research is essential to inform a New Zealand-focused response to post-legislative scrutiny. It suggests that consideration should be given to Parliament better utilising its existing select committees, or creating a standalone select committee, for post-legislative scrutiny, as a means to hold the executive to account and in recognition that Parliament has some responsibility for the laws that it passes. This is particularly encouraged for legislation passed under urgency. It is also suggested that greater use should be made of pre-planned scrutiny through legislative provisions, and that consideration should be given to centralised support and guidance for post-legislative scrutiny to assist with identifying an evaluation process that is fit for purpose and to ensure consistent review methodologies are utilised.