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Learning from the Past, Adapting for the Future: Regulatory Reform in New Zealand (eBook)
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When to regulate and how to regulate are simple questions with complex answers. What behaviour needs to change or problems might be solved through regulation? Any decision to regulate ideally ought to balance competing interests and goals, in part because the complexities of regulation affect everyone in society. Regulatory decisions can, for example, impact on the availability, cost, quality and safety of goods and services; such as telecommunications, pharmaceuticals and consumer credit. The consequences of bad regulation, or a failure to regulate effectively, can be extreme. One need only look at the ongoing leaky buildings problem in New Zealand and the global financial crisis.
Effective regulation and how to achieve it is a topic of global interest. This book draws on New Zealand and worldwide experience to analyse issues of regulation in the New Zealand setting, which includes our important international and trading relationships. New Zealand aspires to first world standards in regulation; consumers expect high safety standards, businesses want to operate in a predictable and efficient marketplace, but such goals can be challenging in a country the size of New Zealand. Our size raises questions of scale, affordability and appropriate use of resources.
In order to improve the regulatory framework in New Zealand this book analyses diverse areas of regulation from a variety of perspectives. In so doing, this collection of essays explores issues in order to learn from the past so that we can adapt for the future.
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Modern Challenges to the Rule of Law
Table of contents
Foreword
Paul Heath
From the New Zealand Law Foundation
Warwick Deuchrass
Preface
List of Contributors
Table of Contents
Table of Cases
Table of Statutes
Chapter 1: Introduction
Susy Frankel and John Yeabsley
Part 1: Certainty, Legitimacy and the Rule of Law
Chapter 2: Public Participation and Regulation
Mark Bennett and Joel Colón-Ríos
Chapter 3: Competition Law and Policy
Paul G Scott
Chapter 4: Does the Use of General Anti-Avoidance Rules
to Combat Tax Avoidance Breach Principles of the Rule of Law?
A Comparative Study
Rebecca Prebble and John Prebble
Part 2: Property Rights
Chapter 5: Regulatory Reform and Property Rights in New Zealand
Richard Boast and Neil Quigley
Chapter 6: Possibilities and Pitfalls of Comparative Analysis
of Property Rights Protections, and the Canadian Regime of
Legal Protection Against Takings
Russell Brown
Part 3: The Policy and Process of Regulation
Chapter 7: Regulatory Management in New Zealand:
What, How and Why?
Derek Gill
Chapter 8: Review and Appeal of Regulatory Decisions:
The Tension between Supervision and Performance
Rayner Thwaites and Dean Knight
Chapter 9: Rights and Regulation
Petra Butler
Chapter 10: Consumer Law and Paternalism:
A Framework for Policy Decision-Making
Kate Tokeley
Part 4: Sector Specific Regulation
Chapter 11: The Regulation of Consumer Credit Products:
The Effects of Baseline Assumptions
Graeme Austin
Chapter 12: Regulating the Building Industry ?
A Case of Regulatory Failure
Brent Layton
Chapter 13: Network Industries:
Electricity and Telecommunications
Alec Mladenovic
Part 5: Trade and Investment
Chapter 14: The Challenges and Opportunities of Conformity in the Wider Asia ? Pacific Context: Tiny Steps on a Long Road
Chris Nixon and John Yeabsley
Chapter 15: Trade Agreements and Regulatory Autonomy:
The Effect on National Interests
Susy Frankel and Meredith Kolsky Lewis
Chapter 16: Regulating Foreign Investment in New Zealand
Daniel Kalderimis
Part 6: The Trans-Tasman Relationship
Chapter 17: Australia New Zealand Therapeutic Products Authority:
Lessons from the Deep End of Trans-Tasman Integration
Chris Nixon and John Yeabsley
Chapter 18: Trans-Tasman Intellectual Property Coordination
Susy Frankel and Megan Richardson
Index