In analysing the approach to resolving a constraint on enterprises, EOs need to take into account that the source of the constraint - law, regulation or administrative function –may fall within the remit of several government agencies, at perhaps different levels of governance.
2.1 Which Ministries to influence
The EO in the first instance needs to identify which Ministry is responsible for the area it wants to change or reform. This is usually straightforward. The Education and Training Ministry is responsible for skills' policies and initiatives; the labour Ministry labour legislation and so on.
All government Ministries are relevant to the EO, as from time to time issues may emerge that are within the purview of Ministries that are not usually the first point of reference in government for an EO.
An EO's proposal may well fall within the remit or affect several Ministries, so all, to different degrees of intensity, need to be targeted for engagement. Plans for an increase in a 'visitors' tax' may have emerged from the Finance Ministry and may be driven by that Ministry, but the Ministry charged with tourism may be the EO's best ally in seeking to temper the proposal.
The EO needs to take a holistic view of government and develop a wide network of contacts with officials across ministries. Policies increasingly cut across different areas and officials from one department may take a different view to officials from another. The EO can influence both.
The EO needs to maintain and foster close and deep relations with officials at all levels in the key Government Ministries that the EO interfaces with ,such as Financ, Planning, Trade, Education, and Environment.
2.2 Government agencies and authorities to influence
Government agencies and authorities (e.g. tax collection agency or a food safety authority) mostly do not create policy, they implement it. They can be equally important actors and should not be ignored in the EO's anylsis.
These bodies do have control over how they implement policy - the means and the degree of interpretation. This can be crucial and can be much more impactful on business that the actual regulation. Regulatory bodies can add to the administrative burden placed on businesses by 'improving' the administrative rules within the overall defined policy framework.
They can also influence Ministries on the application of a policy and can be advocates for change – although usually never towards a diminishment of their own role. So they are important actors in the advocacy chain which the EO must influence, notwithstanding the fact that they can be difficult entities to influence. The EO is probably more likely to effect change with a given agency if it focuses on reducing the administrative burden rather than arguing for a change in policy that leads to them playing a less important role.
The Government rating index is a useful tool for the EO in mapping Ministries to target(1).
STEP 2: MINISTRY/AGENCY ASSESSMENT | |||||||
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NAMES OF ISSUE: | |||||||
Have you had contact with this agency/dept over the past 12 months? | Level | If yes, how helpful did you find the agency/dept? | Jurisdiction and audience | Strengths | Weaknesses | Rank | |
President’s Office | Yes/No | National Provincial Local | helpful amber unhelpful |
Advises president on appointing ministers, structure of national government, new policy initiatives |
Personal access to President. High concentration of enthusiasm for private sector development and technocratic ability among foreign educated staffers. |
Regarded as out of touch with the public. Often has difficulty in practice in getting their initiatives accepted by other departments. |
green amber red |
Ministry of Trade and Industry | Regulates industry and represents government in international trade talks. |
Strong negotiators. Minister is one of the most powerful figures in government. |
Many civil servants have bureaucratic mindset and take a confrontational approach to private sector. |
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Finance Ministry | |||||||
Planning Ministry | |||||||
Labour | |||||||
Environment Ministry | |||||||
Transport Ministry | |||||||
Department of Labour | |||||||
Education Ministry | |||||||
Health Ministry | |||||||
Ministry for women's affairs or gender policy | |||||||
Enterprise Development Department | |||||||
Accident Compensation Corporation |
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Environmental Risk Management Authority | |||||||
Companies Office | |||||||
Food Safety Authority | |||||||
Taxation authorities | |||||||
Intellectual Property Office | |||||||
Local Authorities | |||||||
Agriculture & Forestry Ministry | |||||||
Customs Services | |||||||
Immigration Services | |||||||
Occupational Safety & Health Services | |||||||
Transport Agencies |
(1) Adapted from: Business New Zealand-KMPG Cost of compliance annual survey