1. The importance of collaboration in regulatory stewardship
G-REG conference – November 2018
Stephanie Winson

2. 5 October 2011

3. The crisis cycle

4. Bad law
We can all cite examples of bad law!

5. Regulatory Stewardship
The adoption of a whole of system view and a proactive, collaborative approach to the care of the regulatory system.
“…a deep commitment to continuous improvement.”
Regulatory stewardship aims to shift the conversation away from crisis management into managed oversight and review.

6. Regulatory system?
A collection of rules and frameworks that aim to achieve a particular public interest objective or social outcome
Systems within systems

7. Why is regulatory stewardship important?
Regulatory systems are:
pervasive
the backbone of most civilised nations
serve significant social needs
manage economic wealth and social wellbeing
serve environmental priorities
The real social cost of regulatory failure is well known
Regulatory systems are not treated like assets

8. Regulatory performance
‘The prevailing “set and forget” approach to regulation means that regulators are often judged on their mistakes rather than on their successes.’

9. Regulators cannot do it alone

10. Learning from Regulatory disasters
The incentives on individuals or groups
Organisational dynamics and the complexity of the regulatory system
Weaknesses, ambiguities and contradictions in regulatory strategies
Misunderstandings of the problem and the potential solutions
Problems with communication about the conduct expected or conflicting messages
Trust and accountability structures.

11. It’s all about people Regulation is relational
Regulation is about behaviours
Regulation is about influencing
Regulation is about people
Need to invest in Regulators

12. Regulators must be aware of and respond to:
limitations of the capacity and attitude of regulated firms,
the weaknesses of their own organisational structures and processes,
the pressures imposed by the market, legal and political context of the regulatory system as a whole,
the potential points of failure in the regulatory techniques being used,
knowledge and understandings of risks and markets,
the role of communication and trust throughout the regime, and
changes in each of these.

13. Collaboration Soft infrastructure Government and the public
Stakeholder engagement
Cross agency
Genuine collaboration requires partnership
A true conversation
Standing in someone’s shoes

14. Conditions for good regulatory stewardship
taking a whole of system view – looking beyond the particular agency to the others who operate in the system
adopting a collaborative approach – recognising that as most systems involve more than one agency, we can't be effective if we don't work together
being proactive in how we actively seek, share and use information on what is happening in the system.

15. Approaches to information analysis
Best Practice
System roles
Tip the balance toward collaboration
Mutual understanding at senior level sets the tone for collaboration and information sharing
Approaches to information analysis
Take a pragmatic approach to seeking common ground
Understand each other and align information collection and analysis where possible

16. Best Practice (cont.) Skill development
Provide for skill development in areas such as stakeholder engagement and regulatory stewardship
Adopt learning partnerships and targeted short secondments
Feedback loops
Support brief inter-agency discussions about regulatory systems
Leaders must support open, constructive environment for these inter-agency discussions

17. System review and monitoring
Best practice (cont.)
System review and monitoring
Policy and regulatory agencies should develop a shared view of what should be monitored
Policy/legislative agencies must remain active and watchful participants in regulatory system review and monitoring

18. Peer learning – the next frontier?
Regulatory practitioners are generally good collaborators
Common identity and shared problems
Willingness to share and learn from each other
Best practice guide and modern regulator practice framework
Strengthen areas of focus

19. Thank you Stephanie Winson www.maritimenz.govt.nz
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