ANNEX E – TEN DAY RULE PROCEDURES AND PROCESSES
1. Less controversial submissions can be settled by circulation to Cabinet ministers.
2. The circulation period is ten days after lodgement—hence the process is termed the 'ten day rule'.
3. Under this arrangement, PM&C is responsible for identifying those submissions with a high level of agreement, which are unlikely to generate discussion in the Cabinet, but still require the authority of the Cabinet to proceed.
4. Such submissions are usually identified by Cabinet Division in consultation with the relevant policy area of PM&C during the exposure draft phase of the submission process.
5. Cabinet Division then makes a recommendation to the Cabinet Secretary that these submissions be handled under the 'ten day rule'.
6. If the Cabinet Secretary agrees to the application of the ten day rule, Cabinet Division circulates submissions to Cabinet ministers who have ten days to raise with the Cabinet Secretary any matters that may require discussion by the Cabinet.
7. If no issues are raised during the ten day period, Cabinet Division will draft a minute based on the recommendations of the submission and include the item on the next possible Cabinet agenda. As the agenda is issued five days prior to the Cabinet meeting, the minimum period for the completion of the ten day rule process is 15 days.
8. If ministers have concerns about the submission during the circulation period, they must write to the Cabinet Secretary outlining their issues (such correspondence should include appropriate security markings). The Cabinet Secretary will seek to resolve concerns by facilitating discussions directly between the relevant ministers and if necessary their departments.
9. Once the concerns are resolved (ideally within the ten day period) Cabinet Division prepares a draft minute based on the recommendations and ministerial discussions. The minute is then scheduled for consideration and endorsement by the Cabinet. If concerns cannot be resolved in that period, the Cabinet Secretary may then list the submission for discussion rather than endorsement.
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