31Those ground s are that the regulation
(a)
is not in accord ance with the general o bjec ts and intentions of the statute under which it
is made:
(b)
trespasses unduly on personal rights and liberties:
(c)
appears to make some unusual or unexpected use of the powers conferred by the statute
under which it is made:
(d)
unduly makes the rights and liberties of persons dependent upon adm inistrative decisions
which are not subject to review on their merits by a judicial o r other indep endent tribunal:
(e)
excludes the jurisdiction of the courts without explicit authorisation in the enabling statute:
(f)
contains matter more appropriate for parliamentary enactment:
(g)
is retrospective where this is not expressly authorised by the empowering statute:
(h)
was not made in compliance with particular notice and consultation procedures prescribed
by statute:
(i)
for any other reason concerning its form or purport, calls for elucidation.
32See Regulations R eview C ommittee Digest, Ryan Malone , New Zealand C entre for Pub lic Law, Victo ria
University of Wellington.
33Investigation into the Commencement of Legislation by Order in Council (23 August 199 6).
34Inquiry into Instruments Deemed to be RegulationsAn Examinati on of Delegated Legislation (6 July
1999).
17
contravene any of the grounds listed in Standing Order 378.31 From time to time the
Committee reports to Parliament following an examination of particular regulations.
These reports may result from complaints made about a particular regulation or as
a result of the Committee undertaking its own investigation. A substantial body of
jurisprudence has grown up around the scrutiny role of the Regulations Review
Committee.32 Policy-makers and others take this into account in the policy
development and design of legislative schemes.
28
The Committees role extends to considering delegated law-making powers in Bills.
It also undertakes investigations into practices relating to delegated law-making. Its
occasional reports have been influential in the development of principles for the
design of legislative regimes that rely on delegated legislation. For example, the
Committee has reported on the commencement of legislation by Order in Council,33
instruments deemed to be regulations, 34 and regulation-making powers that