A systems approach to defining environmental regulatory institutions

Abstract

It is unlikely that any new regulatory regime will involve the establishment of a completely new regulatory institution. Instead, regulatory responsibility is more often apportioned to an existing institution, or several institutions within a portfolio that most closely match the subject matter of the regulatory regime in question. This article therefore offers guidance less for those involved in the initial policy design phase, and more for those engaged in implementation and operational policy, as well as those with review and reform agendas. In emphasising these policy and policy-like elements, the article takes as its lead the argument made by the New Zealand Productivity Commission and the New Zealand government that the traditional emphasis of review and reform efforts on regulatory design has acted to the detriment of implementation and better regulatory practice.