Learning from the Past, Adapting for the Future: Regulatory Reform in New Zealand (eBook)

When to regulate and how to regulate are simple questions with complex answers.

Format: ePub

eBook
NZD$ 132.00
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In Stock
Release Date: November 01, 2011
ISBN/ISSN: 9781927183090

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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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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