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Title / Demonstrate basic knowledge of legal concepts in a public sector regulatory environment
Level / 3 / Credits / 5
Purpose / This unit standard is intended for people who work in compliance roles in public sector organisations. People credited with this unit standard are able to: describe how legislation is created and its application in a public sector regulatory environment; describe common law and explain its application in a public sector regulatory environment; and describe natural justice and explain its application in a public sector regulatory environment.
Classification / Public Sector Compliance > Public Sector Compliance Operations
Available grade / Achieved
Explanatory notes
1Legislation relevant to this standard may include but is not limited to:
Interpretation Act 1999;
New Zealand Bill of Rights Act 1990;
Constitution Act 1986; and
specific legislation mandating the powers and duties of persons carrying out a compliance role in a specific organisation and/or any other legislation applicable to a particular compliance situation (e.g. Fisheries Act 1996, Resource Management Act 1991).
Legislation includes any applicable subordinate legislation such as regulations, bylaws, and licence conditions. Any legislation or guideline superseding any of the above will apply for the purpose of assessment.
2Demonstration of knowledge and skills must be consistent with any applicable code or codes of conduct such as the New Zealand State Services Code of Conduct, Standards of Integrity and Conduct (available from http://www.ssc.govt.nz) and/or any other organisation-specific code or codes of conduct.
3Definitions
Compliance (role of) refers to the role, in a public sector organisation, of assessing compliance subjects’ levels of adherence with regulatory requirements and carrying out any appropriate intervention.
Compliance subject refers to a natural person or an entity that is subject, in a particular compliance context, to being regulated.
Judge-made law, for the purpose of this unit standard, includes case law.
Organisation refers to a public sector organisation, as listed in the Public Sector Directory at http://psd.govt.nz/list/index.php.
Regulatory environmentrefers to the social, political, and regulatory framework within which compliance organisations operate.
Subordinate legislation refers to laws made under the delegated authority of Parliament. Subordinate legislation includes but is not limited to – regulations, bylaws, rules, licence conditions, consent conditions. Subordinate legislation is sometimes referred to as delegated legislation.
Outcomes and evidence requirements
Outcome 1
Describe how legislation is created and its application in a public sector regulatory environment.
Evidence requirements
1.1Description includes how a Bill is initiated and created.
1.2Description includes the process of how a Bill becomes an Act.
1.3Description includes how subordinate legislationis derived from an Act, its purpose, and how it can be applied in a public sector regulatory environment.
Range subordinate legislation may include but is not limited to – regulations, bylaws, rules, licence conditions, consent conditions.
1.4Description includes an example of an Act and at least one relatedexample of subordinate legislation applied in a public sector regulatory environment.
Outcome 2
Describe common law and explain its application in a public sector regulatory environment.
Evidence requirements
2.1Common law is described in terms of judge-made law and precedent.
2.2Description explains the influence of social context on common law.
Rangemay include but is not limited to – social mores, morality, culture.
2.3Explanation includes how common law may be applied in a public sector regulatory environment.
Rangeexplanation includes at least one example.
2.4Description explains how common law may contribute to the making of statute.
Outcome 3
Describe natural justice and explain its application in a public sector regulatory environment.
Evidence requirements
3.1Description explains principles of natural justice.
Rangeincludes but is not limited to – hearing rule, bias rule, evidence rule.
3.2Explanation includes how natural justice may be applied in a public sector regulatory environment.
Rangeexplanation includes at least one example.
3.3Description explains how natural justice may contribute to the making of statute.
Replacement information / This unit standard was replaced by unit standard 29181.This unit standard is expiring. Assessment against the standard must take place by the last date for assessment set out below.
Status information and last date for assessment for superseded versions
Process / Version / Date / Last Date for AssessmentRegistration / 1 / 15 April 2011 / 31 December 2020
Review / 2 / 18 February 2016 / 31 December 2020
Consent and Moderation Requirements (CMR) reference / 0121
This CMR can be accessed at http://www.nzqa.govt.nz/framework/search/index.do.
Please note
Providers must be granted consent to assess against standards (accredited) by NZQA, before they can report credits from assessment against unit standards or deliver courses of study leading to that assessment.
Industry Training Organisations must be granted consent to assess against standards by NZQA before they can register credits from assessment against unit standards.
Providers and Industry Training Organisations, which have been granted consent and which are assessing against unit standards must engage with the moderation system that applies to those standards.
Requirements for consent to assess and an outline of the moderation system that applies to this standard are outlined in the Consent and Moderation Requirements (CMRs). The CMR also includes useful information about special requirements for organisations wishing to develop education and training programmes, such as minimum qualifications for tutors and assessors, and special resource requirements.
Comments on this unit standard
Please contact The Skills Organisation at you wish to suggest changes to the content of this unit standard.
The Skills OrganisationSSB Code 100401 / New Zealand Qualifications Authority 2019 / / New Zealand Qualifications Aut