Performance measures 2017/18

This appropriation is intended to achieve the provision of high quality legislation that is readily available to all New Zealanders.

Performance for this Appropriation will be assessed through the following performance measures:

• the electronic database of Acts (both as enacted and with their amendments incorporated), Legislative Instruments (both as made and with their amendments incorporated), Bills, and Supplementary Order Papers (SOPs) is up to date
• Bills, SOPs, Acts of Parliament, and Legislative Instruments are published to the standard required by Parliament
• Bills and Legislative Instruments are legally effective, clear, consistent with other legislation, the general law, and international law
• Bills and Legislative Instruments are consistent with the policy they implement, legal principle, the New Zealand Bill of Rights Act 1990, and the Human Rights Act 1993
• advice given on matters relating to the provision of legislative drafting services, including advice on legislative drafting, parliamentary procedure, executive government process, and the law, is sound, practical, and clear

The timeliness standard is that:

• Bills, Legislative Instruments, and SOPs are drafted in accordance with time frames set by, or agreed with, the Government, select committees, instructing departments, and agencies

The proportion of select committees we survey that rate the quality and timeliness standards as four or better on a scale of one to five, with one being very dissatisfied and five being very satisfied.

The quality standard is that:

• advice given on matters relating to the provision of legislative drafting services, including explaining the changes made by the revision tracked version of a Bill, is objective, accurate, and sufficient

The timeliness standard is that:

• revision tracked documents are provided for the select committee in accordance with deadlines set by or negotiated with the committee

This category is intended to achieve that New Zealand legislation is readily accessible to the public in a timely manner and in an accurate and authoritative form.

Performance in the Access to Legislation category will be assessed as follows:

• within one working day the following will be available on the NZL website:
  • all new Government Bills introduced into the House
  • after the printed version is made available to the House, all subsequent versions of Bills
  • after they have been circulated to Members of Parliament, all SOPs
  • after they are notified in the New Zealand Gazette, all Legislative Instruments
• within five working days:
  • of introduction or release, all Government Bills and SOPs are published
  • of assent, all Acts are available on the NZL website
  • of being made, all Legislative Instruments are published
• within ten working days:
  • of assent, all Acts are published

This category is intended to achieve the provision of high quality legislative drafting services and advice in a professional, impartial, and responsive manner in delivering the Government's legislation programme.

Performance in the Law Drafting Services category will be assessed as follows:

• the legislation produced is drafted as clearly and simply as possible
• the legislation produced is legally effective
• the instructing department or agency is satisfied with the final product
• advice on legislative drafting matters is provided in a professional, impartial, and responsive manner

• drafts of legislation are produced within agreed deadlines

• advice given on matters relating to the provision of legislative drafting services is objective, accurate, and sufficient

The timeliness standard is that:

• legislation is provided to Pacific Island instructors in accordance with agreed deadlines

• Government Bills drafted by the PCO are reviewed for their legal effectiveness, workability, compliance, structure, and readability before introduction

Proportion of Legislative Instruments drafted by the PCO and submitted to Cabinet that are peer reviewed.

The quality standard for peer reviewing is that:

• Legislative Instruments drafted by the PCO are reviewed for their legal effectiveness, workability, compliance, structure, and readability before being submitted to Cabinet

There are some instances when peer review of Legislative Instruments is not required. These include:

• single date commencement orders (if not revoking a commencement order and replacing it with a new commencement order)
• levies and fees if the change relates to figures only
• ministerial notices that are pro forma (no choice regarding wording)
• class notices.

• Government Bills drafted by the PCO are proofread before introduction
• Legislative Instruments drafted by the PCO are proofread before being submitted to Cabinet

• all certified revision Bills and their accompanying certificates have been provided to the Attorney-General in accordance with section 33 of the Legislation Act 2012

• legislation, as outlined in the agreed three-yearly revision programme, is drafted within agreed time frames

• the legislation produced is drafted as clearly and simply as possible
• the legislation produced is legally effective
• the revision Bill does not change the effect of the law, except as authorised by section 31(2)(i) or (j) of the Legislation Act 2012

• legislation, as outlined in the agreed three-yearly revision programme, is drafted within agreed time frames