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Experts warn Regulatory Standards Bill threatens future public health laws


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  One of the experts said it would have a "chilling effect" on public health measures.

The article from RNZ, titled "Experts warn Regulatory Standards Bill threatens future public health laws," delves into the concerns raised by public health experts regarding the proposed Regulatory Standards Bill in New Zealand. The bill, which is currently under consideration, aims to establish a set of principles that all new legislation must adhere to. However, experts argue that the bill's broad and ambiguous language could significantly hinder the government's ability to enact future public health laws, particularly those aimed at addressing pressing issues such as climate change, tobacco control, and alcohol regulation.

The article begins by highlighting the concerns expressed by Professor Boyd Swinburn, co-chair of Health Coalition Aotearoa, who warns that the bill could "tie the hands of future governments" in their efforts to implement necessary public health measures. Swinburn argues that the bill's principles, such as the requirement for legislation to be "necessary and proportionate," could be interpreted in a way that undermines the government's ability to enact laws that protect public health.

The article then delves into the specific concerns raised by experts regarding the bill's potential impact on various public health issues. One of the primary concerns is the bill's potential to hinder efforts to combat climate change. The article cites the example of the Zero Carbon Act, which sets ambitious targets for reducing greenhouse gas emissions. Experts argue that the Regulatory Standards Bill's principles could be used to challenge the necessity and proportionality of such legislation, potentially delaying or preventing the implementation of crucial climate change measures.

Another area of concern is tobacco control. The article references the government's Smokefree 2025 Action Plan, which aims to reduce smoking rates and ultimately achieve a smoke-free New Zealand by 2025. Experts warn that the Regulatory Standards Bill could be used to challenge the necessity and proportionality of measures such as increasing tobacco taxes or implementing plain packaging requirements. This could undermine the government's ability to effectively reduce smoking rates and protect public health.

The article also discusses the potential impact of the bill on alcohol regulation. Experts argue that the bill's principles could be used to challenge the necessity and proportionality of measures such as increasing alcohol taxes or implementing stricter advertising regulations. This could hinder the government's ability to address the significant public health issues associated with alcohol consumption, such as liver disease, cancer, and road accidents.

Furthermore, the article highlights the concerns raised by experts regarding the bill's potential to disproportionately affect marginalized communities. The article cites the example of Māori and Pacific communities, which experience higher rates of smoking and alcohol-related harm compared to other groups. Experts argue that the Regulatory Standards Bill could exacerbate existing health inequities by making it more difficult for the government to implement targeted public health measures aimed at addressing these disparities.

The article also delves into the broader implications of the Regulatory Standards Bill for New Zealand's democratic process. Experts argue that the bill's principles could be used to challenge the legitimacy of any legislation that is deemed to be "unnecessary" or "disproportionate" by certain interest groups. This could lead to a situation where the courts are increasingly called upon to determine the validity of laws, potentially undermining the role of elected representatives in the legislative process.

Moreover, the article discusses the concerns raised by experts regarding the lack of clarity and specificity in the bill's language. The article cites the example of the principle that legislation must be "necessary and proportionate," which is not clearly defined in the bill. Experts argue that this ambiguity could lead to inconsistent and unpredictable interpretations of the law, making it difficult for policymakers to anticipate the potential challenges to their proposed legislation.

The article also highlights the concerns raised by experts regarding the potential for the Regulatory Standards Bill to be used as a tool by industry groups to challenge public health measures. The article cites the example of the tobacco industry, which has a long history of using legal challenges to delay or prevent the implementation of tobacco control measures. Experts argue that the Regulatory Standards Bill could provide the tobacco industry with another avenue to challenge the government's efforts to reduce smoking rates and protect public health.

In conclusion, the article emphasizes the need for the government to carefully consider the potential implications of the Regulatory Standards Bill on future public health laws. Experts argue that the bill's broad and ambiguous language could have far-reaching consequences for the government's ability to address pressing public health issues such as climate change, tobacco control, and alcohol regulation. The article calls for greater clarity and specificity in the bill's language, as well as a more thorough assessment of its potential impact on marginalized communities and the democratic process. Ultimately, the article underscores the importance of ensuring that any regulatory standards bill does not undermine the government's ability to protect and promote the health and well-being of all New Zealanders.

Read the Full rnz Article at:
[ https://www.rnz.co.nz/news/political/563983/experts-warn-regulatory-standards-bill-threatens-future-public-health-laws ]

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