Regulatory Capture Toolkit out now for members

Sep 15, 2025

Over the last 18 months, AELERT has been working with members to run 15 regulatory capture workshops and develop practical guidance with valuable insights from trusted partners including Mataki Environmental to form a robust tool that can be implemented at all levels from senior leadership and officials to managers and team leaders plus all frontline and regulatory staff.

Dr Marie Doole, Director of Mataki Environmental, has conducted research into the topic and recently presented on the topic during the AELERT-INECE 2024 Global Summit on Turrbal and Jagera lands (Brisbane) Queensland. You can find the presentation recording under Breakout #4: Biodiversity; environmental planners; wildlife crime; park & land management.

This practical toolkit was created by AELERT members. Made by regulators for regulators. The AELERT leadership team authored the toolkit based on the experiences, insights and vision of AELERT members and partners from 15 workshops and events over the last 18 months. This included insights gained from Mataki Environmental and Recap Consultants. The toolkit, now ready for use, supports all regulators, at all levels in all jurisdictions, to actively address capture risks. It covers what it is and what it isn’t, the regulatory system and how capture can impact it, and the hierarchy of controls. It provides practical tips and guidance on what each of us can do to better know it, see it and stop it. We all have a role to play get in front of capture risks and uphold the integrity of the regulatory system.

The Regulatory Capture Toolkit covers:

  • Regulatory Capture: What it is, what it isn’t,
  • Risks and impacts to the whole regulatory system,
  • Innovative ways to manage it using a hierarchy of controls
  • Building awareness
  • Identify early warnings
  • Mitigating risks – elimination, substitution, structural and behavioural controls
  • Identifying the role third parties need to play to uphold regulatory integrity
  • What’s next – call for action

Members can access the toolkit inside the RESOURCE LIBRARY.

More on regulatory capture – an operational risk across the policy cycle

Dr Marie Doole explains, “recent research and commentary on regulatory capture in environmental legal systems highlights the risk posed by a failure to moderate the influence of regulated parties. The failure to properly balance competing interests, and a tendency to serve the loudest voices means our environmental legal systems commonly fail to deliver public interest outcomes. In the past, much scholarship has focused on the risk to frontline officers (bribery etc), when a much more insidious and effective capture strategy is to sway those higher in the policy process.”

Two recently released papers Dr Doole co-authored make the argument for regulatory capture to be treated as an ever-present operational risk for policy and regulatory agencies, to support staff wellbeing, maintain regulator reputation and uphold public interest ends more reliably.

“Demystifying what can be a slippery topic encourages frank and fearless conversations, enabling and empowering staff and executives to proactively identify, mitigate and monitor the risk of capture on their agencies and systems.”

You can access further reading on regulatory capture from researcher Dr Marie Doole here:

Marie is the Director of Mātaki Environmental, a boutique consulting practice based in the Wairarapa near New Zealand’s capital city of Wellington. Mātaki focuses on consulting to local and central government and the not for profit sector on all things research, strategy and regulation related. Marie has spent her career in both strategic and operational roles, developing a reputation for fearless and evidence based analysis, particularly in environmental policy and compliance.

DCCEEW releases Global Nature Positive Summit Outline

DCCEEW releases Global Nature Positive Summit Outline

Earlier this month the commonwealth Department of Climate Change, Energy, the Environment and Water released the outline of the upcoming 2024 Global Nature Positive Summit to be hosted in Sydney, Australia. The outline contains the key themes for the Summit,...

read more
Upcoming Community of Practice Meeting Schedule (Nov/Dec)

Upcoming Community of Practice Meeting Schedule (Nov/Dec)

See below for the current Community of Practice meeting schedule for November and December 2023, this list may be updated as new meetings are scheduled for the rest of the 2023 calendar year, so keep your eyes peeled! It's not too late to join in on the upcoming CoP...

read more
AELERT welcomes four new CoP Co-Chairs

AELERT welcomes four new CoP Co-Chairs

Join us in extending a warm AELERT welcome to our newest Community of Practice Co-Chairs Jerilly Armstrong, Eva Sheppard, Maxine Dudman and Rebecca Griffiths! They will be supporting the Chair of the Impact Assessment, Legal Practice & Policy and Organisational...

read more
INECE Network News: September

INECE Network News: September

Events There are 3 upcoming events. For a complete listing of events, please click here. Environmental Compliance Conference1 November 2023 – 3 November 2023 | New ZealandTe KoKiringa Taumata New Zealand Planning InstituteThe Environmental Compliance Conference...

read more
Working with First Nations: Delivering on the Priority Reforms

Working with First Nations: Delivering on the Priority Reforms

Registrations are open for the Working with First Nations: Delivering on the Priority Reforms program until 1 November. The program has been designed to guide public servants through the new approach in the National Agreement on Closing the Gap and the importance of...

read more
Global Nature Positive Summit Sydney October 2024

Global Nature Positive Summit Sydney October 2024

Australia will host the first Global Nature Positive Summit in Sydney in October 2024. Co-hosted by the Australian Government and the Government of New South Wales, the Summit aims to drive private sector investment to protect and repair our environment and will...

read more
[Report] Community influence in public decision-making

[Report] Community influence in public decision-making

The International Association of Public Participation (Australasia) recently published a report examining the intersection of community influence and public decision-making. This is set against the increased visibility of engagement on the one hand, and declining...

read more
DCCEEW Staff get creative with threatened species cakes

DCCEEW Staff get creative with threatened species cakes

Members of the federal Department of Climate Change, Energy, the Environment and Water (DCCEEW) have revealed some impressive creative talents with their Threatened Species Bake Off entries! Threatened Species Commissioner Fiona Fraser has been really pleased to see...

read more
AELERT work programs are underway

AELERT work programs are underway

AELERT’s Working Groups have been re-established and are currently working on a number of exciting projects in earnest developing regulatory capability for members and addressing timely issues that are cropping up across jurisdictional borders.

read more