9Functions with respect to regulations

#### 9 Functions with respect to regulations 9 Functions with respect to regulations > > (1) The functions of the Committee with respect to regulations are: > > > > > (a) to consider all regulations while they are subject to disallowance by resolution of either or both Houses of Parliament, > > > > > (b) to consider whether the special attention of Parliament should be drawn to any such regulation on any ground, including any of the following: > > > > > > > (i) that the regulation trespasses unduly on personal rights and liberties, > > > > > > > (ii) that the regulation may have an adverse impact on the business community, > > > > > > > (iii) that the regulation may not have been within the general objects of the legislation under which it was made, > > > > > > > (iv) that the regulation may not accord with the spirit of the legislation under which it was made, even though it may have been legally made, > > > > > > > (v) that the objective of the regulation could have been achieved by alternative and more effective means, > > > > > > > (vi) that the regulation duplicates, overlaps or conflicts with any other regulation or Act, > > > > > > > (vii) that the form or intention of the regulation calls for elucidation, or > > > > > > > (viii) that any of the requirements of sections 4, 5 and 6 of the [Subordinate Legislation Act 1989](/view/html/inforce/current/act-1989-146), or of the guidelines and requirements in Schedules 1 and 2 to that Act, appear not to have been complied with, to the extent that they were applicable in relation to the regulation, and > > > > > (c) to make such reports and recommendations to each House of Parliament as it thinks desirable as a result of its consideration of any such regulations, including reports setting out its opinion that a regulation or portion of a regulation ought to be disallowed and the grounds on which it has formed that opinion. > > > (1A) The Committee is not precluded from exercising its functions under subsection (1) in relation to a regulation after it has ceased to be subject to disallowance if, while it is subject to disallowance, the Committee resolves to review and report to Parliament on the regulation. > > > (2) Further functions of the Committee are: > > > > > (a) to initiate a systematic review of regulations (whether or not still subject to disallowance by either or both Houses of Parliament), based on the staged repeal of regulations and to report to both Houses of Parliament in relation to the review from time to time, and > > > > > (b) to inquire into, and report to both Houses of Parliament on, any question in connection with regulations (whether or not still subject to disallowance by either or both Houses of Parliament) that is referred to it by a Minister of the Crown. > > > (3) The functions of the Committee with respect to regulations do not include an examination of, inquiry into or report on a matter of Government policy, except in so far as such an examination may be necessary to ascertain whether any regulations implement Government policy or the matter has been specifically referred to the Committee under subsection (2) (b) by a Minister of the Crown. > > **s 9:** Am 1989 No 146, sec 15; 2002 No 77, Sch 1 \[8\]; 2005 No 64, Sch 1.14.