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Discussion Questions

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The following discussion questions have been prepared as an aid to assist discussion of the issues raised in this paper. You are invited to comment on any aspect of industry-led regulation.

Written submissions closed 14 October 2005 :

Geoffrey Leveritt
Ministry of Consumer Affairs
PO Box 1473
Wellington

Ph: 04-462 4282
Fax: 04-473 9400

Email: industryledregulation@mca.govt.nz

Official Information Act 1982

In providing your submission, please advise us if you have any objections to the release of your submission, and, if you do object, the parts of your submission that you wish withheld and the grounds for withholding. When preparing and releasing any summary and when considering any formal Official Information Act requests, the Ministry will carefully review any representations you make in this regard.

Privacy Act 1993

Any personal information that you supply to the Ministry in the course of making a submission will be used only by the Ministry when considering matters covered by this discussion paper.

When preparing any summary of submissions on Ministry discussion papers, it is the Ministry's normal practice to set out the names of parties making submissions. Your name will be included in any such summary unless you inform the Ministry that you do not wish your name to be included. To indicate your wishes, or to view personal information held about you in relation to matters covered by this discussion paper, or to request correction of that information, please contact the Ministry of Consumer Affairs, telephone 04-474 2750.

Regulatory Context

The Ministry invites comment on the environment for industry-led regulation. The following questions are designed to illuminate some of the particular issues, however feel free to explore other issues in your submission.
What are your experiences of the interaction between industry-led regulation and other forms of regulation?
What have been your experiences of the advantages and disadvantages of industry-led regulation, in New Zealand and/or overseas?
In your experience, which schemes and industries have operated effective industry-led regulation in New Zealand?
In practice, do firms respond differently to government regulation and industry-led regulation? Do consumers?
Is it important whether consumers are aware of the voluntary or mandatory nature of a particular regulatory instrument?
What have been your experiences of the costs of industry-led regulation for industry? For consumers? For government?
Do the different forms of industry-led regulation impose different costs or achieve different benefits?

Framework for Evaluating Effective Industry-Led Regulation

Is the framework a suitable mechanism for evaluating industry-led regulation?
Does the framework accurately describe the process/concepts for evaluating industry-led regulation?
Does the framework incorporate the appropriate elements for evaluating the effectiveness of a scheme?

Market Structure and Industry Circumstances Conducive to Effective Industry-Led Regulation

In your experiences, which markets and industries in New Zealand have successfully operated effective industry-led regulation?
What market structures and industry circumstances characterise these industries and lead to the success of industry-led regulation?
Does the framework incorporate all the elements necessary to describe the market structure and industry circumstances which are conducive to effective industry-led regulation? What other elements should be considered?

Content of the Scheme - Meeting the Reasonable Expectations of Consumers

In your experiences, which types of schemes have successfully operated effective industry-led regulation?
What content (e.g. objectives, purpose, scope, rules) characterises these schemes and leads to the success of industry-led regulation?
What scheme development processes lead to effective industry-led regulation?
Does the framework incorporate all the elements necessary to describe the content of a scheme which is conducive to effective industry-led regulation? What other elements should be considered?

Operation and Enforcement of the Scheme

What operational processes (e.g. administration, monitoring, review, etc) lead to effective industry-led regulation?
What enforcement processes lead to effective industry-led regulation?
What types of sanctions are necessary to ensure effective industry-led regulation?
What types of complaints resolution processes are necessary to ensure effective industry-led regulation?
Does the framework incorporate all the elements necessary to describe the operation of a scheme which are conducive to effective industry-led regulation? What other elements should be considered?

Evaluation Template

Does the evaluation template accurately capture the issues in evaluating effective industry-led regulation?
Are additional questions necessary to elicit information that would be important in evaluating the effectiveness of a scheme? Are some questions unnecessary?
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