If passed, the Bill must be substantially modified to balance various rights and interests, including human rights and societal wellbeing, and ensure Māori rights under te Tiriti o Waitangi (te Tiriti) are respected.
RACS argued the Bill:
- is excessively focused on individual, corporate and property rights
- will undermine public health priorities such as health equity, climate change mitigation, and reducing harm from commercial determinants of health
- could also increase pressure on the already overstretched healthcare system
- will make it harder to enact laws protecting the environment, addressing climate change, poverty, public health, and vulnerable populations.
RACS highlighted the lack of explicit reference to te Tiriti o Waitangi (te Tiriti), which is a foundational document in the Aotearoa New Zealand constitutional framework. Any set of principles for responsible regulation in Aotearoa New Zealand must address how the Crown will meet its obligations to Māori under te Tiriti. The absence of an explicit reference can be seen as enabling the Crown to limit the established role of te Tiriti as part of our law-making process.
The Bill should adopt a more comprehensive, fair, and sustainable approach, aligning with existing legislative frameworks, ensuring protection of both current and future generations.