In a recent parliamentary select committee hearing, Labour MP Dr. Deborah Russell engaged in a spirited academic debate with retired District Court judge David Harvey over the Regulatory Standards Bill. The bill, introduced by ACT leader David Seymour, aims to establish a set of principles for responsible regulation and create a board to assess the consistency of legislation against these standards.

During the hearing, Russell challenged Harvey’s interpretation of liberty, suggesting that his view was overly simplistic and rooted in Enlightenment philosophy. Harvey, in turn, defended his position, arguing that every piece of legislation inherently infringes on individual or corporate liberty. The exchange, described as 'academic jousting' by committee chair Ryan Hamilton, highlighted the deep philosophical and political divides surrounding the bill.

Harvey, who served as a judge from 1989 to 2021, expressed general support for the bill, emphasizing its procedural nature and potential for future amendments. He also addressed concerns that the legislation might reflect a libertarian ideology, stating that it instead involves a 'process of legislative balancing.'

Russell, who holds a PhD in political theory, questioned Harvey’s understanding of liberty, pointing out that laws can also create liberties through the civil republican tradition. The debate became particularly heated when Harvey referenced Jean-Jacques Rousseau’s famous line, 'Man is born free, and everywhere he is in chains,' to illustrate his point.

Later in the hearing, Harvey was also questioned about whether the bill should reference the Treaty of Waitangi. He acknowledged the treaty’s relevance to governance and equal application of the law but admitted uncertainty about how to incorporate it into the bill. Act MP Cameron Luxton pressed Harvey on this point, but the former judge indicated he needed more time to consider the issue.

David Seymour, the bill’s sponsor, has faced criticism for not including the Treaty of Waitangi in the legislation. He argued that while the treaty is a foundational document, its inclusion in the bill would not necessarily reduce regulatory burdens for New Zealanders. Seymour emphasized that the principles in the bill are designed to benefit all citizens by ensuring clear, accessible, and fair legislation.

The hearing underscored the complex interplay between legal philosophy, political ideology, and practical governance in shaping New Zealand’s regulatory framework. As the debate continues, the outcome of the committee’s deliberations will be closely watched by policymakers, legal experts, and the public alike.