NEWS ON POLICY
AND POLITICS |
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IN POLITICS Labour Minister Trevor Mallard's announcement of amendments to the Employment Relations Act is a sign of something, perhaps not least that Labour believes it will lose the election. more... IN OTHER NEWS Climate Change - Draft Garnaut Climate Change Review Report Released Russell In The House Tax Bill Reduces Compliance Costs China Free Trade Agreement Māori Commercial Aquaculture Settlement Water Shortage Could Be Costly PROGRESS OF LEGISLATION Bills Introduced/Awaiting First Reading more...
Bills Open for Submissions more... Bills Reported Back / Awaiting Second Reading more... Bills Delayed more... Bills Passed Second Reading / Awaiting Third Reading more... Supplementary Order Papers more... Bills Passed Third Reading more... Acts Assented more... Regulations more... IN COMMITTEE more... IN CONSULTATION more...
LEGISLATION IN THE WINGS more... IN THE COURTS Quantum Laboratory Ltd v Dunedin District Court more...
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Proposed Employment Relations Amendment Bill a sign of the times?Labour Minister Trevor Mallard's announcement of amendments to the Employment Relations Act is a sign of something, perhaps not least that Labour believes it will lose the election. Sweeping up Darien Fenton's Member's Bill on triangular employment relationships and manifesting Labour's commitment to New Zealand First's concerns about non-standard and casual employment, the proposed changes seem designed more political sops than they are an effective response to perceived labour market problems. The 'priority four' designation given to the Bill by Cabinet points to the fact too that Government does not intend that it get beyond introduction and reference to Select Committee before the House rises for the general election. This will leave Labour in the position of being able to say that it kept faith with both its manifesto commitments and its political partners, whilst blaming the eventual failure of the legislation on an incoming National Government. Absent the expectation of an election loss, it is difficult to see why Labour would proceed with the Bill. Problems in defining non-standard or casual work, the risk of undermining its own policies on workforce flexibility, the lack of a persuasive intervention rational, and the likely storm of protest from both employers and employees make the legislation unattractive at best. Also the triangular employment relationships proposal, whilst part of Labour's 2005 manifesto, is the same as that which has languished in the normally intervention-prone European Union since 2002. The legislation is now in its drafting stage and, as yet, no date has been set for introduction. In the interim employer groups and the on-hire industry have gone quiet, presumably waiting to see whether the Minister is prepared to make the Bill an unwelcome election issue. |
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Climate Change - Draft Garnaut Climate Change Review Report ReleasedThe draft report on the Garnaut Climate Change Review was released last week. Commissioned by Australia's Commonwealth, state and territory governments, the review is intended to examine the impacts, challenges and opportunities of climate change for Australia. The Review has assumed increasing political significance for New Zealand as the Government's Emissions Trading legislation languishes and National asserts the need for New Zealand's trading scheme to match that of Australia. Peter Neilson of the New Zealand Business Council for Sustainable Development has been quick to pronounce the review an endorsement of New Zealand's position and press for urgent action of the Emissions Trading Bill. However, some Council members are understood to be less sanguine and other business representative bodies have certainly formed a different view. It seems doubtful in any event that these opposing viewpoints will have any material effect on the local ETS, which continues to be mired by lack of political support from the minor parties. A Supplementary Draft Report of the Garnaut review will be released in late August 2008. Russell in the HouseCo-Leader of the Green Party, Dr Russell Norman, has taken his seat as a MP and delivered his maiden address. Dr Norman's entry into Parliament was facilitated by the resignation of New Zealand's first Rastafarian MP, Nandor Tanczos, and the next-ranked member on the list, former MP Mike Ward, forfeiting his seat. Norman's speech focused on equality of social opportunity, criticised the policies of the 1980s and 1990s, and praised the legacy of Michael Joseph Savage. However, whilst his appeal to the First Labour Government might have ingratiated him with Labour's Parliamentary elite, its impact was lessened later in the day by an ill-judged attack on Transport Minister Annette King and the Government's record on the funding of public transport. It was a chastening few moments for the fledgling MP as King delivered chapter and verse of Labour's record on public transport. A muttered comment from the Opposition benches underscored the moment, "I'm glad he's not our partner". Tax Bill Reduces Compliance CostsA new Bill introduced last week aims to reduce compliance costs and clarify the rules around a host of discrete issues. The Taxation (International Taxation, Life Insurance, and Remedial Matters) Bill addresses mainly business tax issues, but does so across a wide spectrum. International tax rules for New Zealand controlled foreign companies are being relaxed so that the "active offshore income" of such companies is exempt from New Zealand tax says Hon Dr Cullen and Revenue Minister, Hon Peter Dunne. The international tax reforms aim to make New Zealand companies more competitive by taxing them under a regime similar to overseas jurisdictions. At the other end of the spectrum small and medium sized businesses will have the threshold at which they must file and pay a twice-monthly PAYE deduction increased from $100,000 to $250,000. Those under the new threshold will only have to file and pay monthly. The Bill also addresses the following issues:
The full text of the Bill and commentary is available at www.taxpolicy.ird.govt.nz. China Free Trade AgreementThe House referred the Sino-New Zealand Free Trade Agreement to the Foreign Affairs, Defence and Trade Select Committee on 15 May 2008. The Select Committee recommends that the New Zealand - China Free Trade Agreement Bill is passed without amendment. The Bill ratifies the free trade agreement signed by New Zealand's and China's governments in April in Beijing. While the Government can negotiate and sign treaties, treaties can only have force in New Zealand law if they are ratified by being adopted into New Zealand law via legislation. The majority of the Foreign Affairs, Defence and Trade Select Committee reported that the free trade agreement "is an historic opportunity for New Zealand and should be taken without equivocation." While most submitters to the committee expressed concern at China's human rights record, the Committee believes engagement with the world's second emerging super power was hugely valuable and that increased Chinese prosperity would bring with it greater personal freedoms. The Committee noted that the agreement could help solve one of New Zealand's longest-running historical issues: adequate markets for our produce. The Committee also notes that taking full advantage of the agreement requires a co-ordinated response from "New Zealand Inc". The Green Party issued a minority opinion opposing the Bill and the agreement. The Greens see the Bill and agreement as exposing New Zealand producers to unfair competition and a flood of Chinese imports. Māori Commercial Aquaculture settlementFisheries Minister Jim Anderton is calling for submissions on a Plan that assesses the Crown’s progress on its obligations to iwi under the Māori Commercial Aquaculture Claims Settlement Act 2004. The Plan provides a road map on how the Crown intends to meet its outstanding obligations by 2014. Jim Anderton said the development of this Plan marked an important stage in the implementation of the aquaculture settlement, “It canvasses a range of issues including the potential to amend the existing settlement legislation to better deliver the settlement assets to iwi. I’m committed to moving toward our goal of full and final settlement and I’m seeking the views of iwi, Te Ohu Kaimoana Trustee Limited, and others on this plan”. Under the Māori Commercial Aquaculture Settlement the Crown has two obligations:
The Māori Commercial Aquaculture Settlement Plan is available at www.fish.govt.nz. Submissions close 31 October 2008. Water Shortage Could Be CostlyThe Electricity Commission has released a consultation paper which proposes funding potential 2008/09 costs through an increase in the Reserve Energy and Emergency Measures appropriation. This increase could range between $55 million and $165 million. The Commission says it requires additional funding for the running of the Whirinaki diesel-fired generation plant and might require additional funding for reserve energy contracts and/or a public conservation campaign. The proposed appropriation increase for fuel for Whirinaki is between $55 million and $110 million. |
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IN PARLIAMENT |
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Bills Introduced/Awaiting First ReadingDisability (United Nations Convention on the Rights of Persons with Disabilities) Bill The purpose of this Bill is to amend the Human Rights Act 1993 and other Acts to enable New Zealand to ratify the United Nations Convention on the Rights of Persons with Disabilities. Privacy (Cross-border Information) Amendment Bill This Bill amends the Privacy Act in relation to cross-border data transfers so that the likelihood of New Zealand being used as an intermediary for the avoidance of other States' privacy laws is reduced. Taxation (International Taxation, Life Insurance, and Remedial Matters) Bill This Bill provides for the reform of international tax rules, aligns life insurance taxation rules closer to the accounting treatment of life insurance profits, and provides for payroll giving, and for the taxation of emissions units. Judicial Matters Bill The purpose of this Bill is to introduce measures aimed at maintaining and enhancing public confidence in the judiciary. The principal provision is the establishment of the office of the Judicial Conduct Commissioner for receipt and assessment of complaints about the conduct of judges. Public Lending Right for New Zealand Authors Bill Affiliate This Bill establishes the Public Lending Right for New Zealand Authors scheme. This scheme provides for authors to receive annual payments in recognition of the fact that their books are available for use in New Zealand libraries. Bills Referred To Select CommitteeThe Organised Crime (Penalties and Sentencing) Bill was read for the first time and referred to the Justice and Electoral Committee. Submissions have not been called for. The Committee is due to report back on 1 September 2008. The Palmerston North Showgrounds Act Repeal Bill was read for the first time and referred to the Local Government and Environment Committee. Submissions close 18 August 2008. The Committee is due to report back on 6 October 2008. The Sale of Liquor (Objections to Applications) Amendment Bill was read for the first time and referred to the Social Services Committee. Submissions close 15 August 2008. The Committee is due to report back on 6 October 2008. The Affiliate Te Arawa Iwi and Hapu Claims Settlement Bill was read for the first time and referred to the Māori Affairs Committee. Submissions close 1 August 2008. The Committee is due to report back on 6 October 2008. The Central North Island Forests Land Collective Settlement Bill was read for the first time and referred to the Māori Affairs Committee. Submissions close 1 August 2008. The Committee is due to report back on 6 October 2008.
Bills Reported Back / Awaiting Second ReadingAffordable Housing: Enabling Territorial Authorities Bill Bills DelayedThe following Bills have been delayed:
Bills Passed Second Reading / Awaiting Third ReadingNone Supplementary Order PapersSOP 213 Policing Bill In order to maintain the political neutrality of Police staff, constables, authorised officers and supervisors must be excluded as candidates in general elections as provided in the Electoral Act. However, it is considered unnecessary and undesirable to restrict Police staff from all involvement in local authority elections. To date police officers and staff have effectively managed conflicts of interest through disclosure. This SOP allows this arrangement to continue to operate. SOP 212 Minimum Wage and Remuneration Amendment Bill This SOP amends the Minimum Wage and Remuneration Amendment Bill and replaces SOP 207. It has the same content as SOP 207 and also provides for the re-location of the Part 1 heading. SOP 211 Land Transport Management Amendment Bill This SOP adds a new clause to the Land Transport Management Amendment Bill. It provides that any change in the majority shareholding of Toll NZ Consolidated Limited will not affect the existing rights that its employees may have with respect to the Government Superannuation Fund. SOP 210 Waste Minimisation Bill This SOP makes several technical drafting amendments to the Waste Minimisation Bill. It also clarifies that territorial authorities may make licensing bylaws that apply to all organisations that collect and transport waste, not just commercial operators. This amendment brings the clause into line with current practice in parts of New Zealand. A new subclause makes it clear that any licensing regime is not intended to include individuals who collect and transport waste for personal reasons. It is considered beneficial to have the Waste Advisory Board established and operating as soon as possible after the enactment of this Bill so that it can advise on implementation issues. As it may take several months to establish the Board, it is beneficial to begin the nominations process prior to the relevant provisions in the Bill commencing. This SOP validates that process. SOP 209 Land transport Management Amendment Bill This SOP makes several amendments to the Land Transport Management Amendment Bill. These include:
Bills Passed Third ReadingBishop Suter Art Gallery Governance Restructuring Bill Acts AssentedCrimes Amendment Act (No 2) 2008 RegulationsRoad User Charges (Rates) Order 2008 In CommitteeThe Commerce Select Committee continues to hear submissions on the Commerce Amendment Bill. Submitters include listed company Infratil, consumer-owned electricity lines companies and the Commerce Commission. The Education and Science Select Committee heard a briefing on "Achieving at Waitakere", one of 24 improvement clusters organised around New Zealand by the Ministry of Education. The Committee also heard from the organisers of a petition signed by 3,632 people calling for more assistance and support for children with visual impairments. The Foreign Affairs, Defence and Trade Select Committee heard a briefing from the Deputy Auditor General on the audit on the Ministry of Defence's major capital acquisitions. The report criticised the systems used by the Ministry. The Justice and Electoral Select Committee heard submissions on the Lawyers and Conveyancers Amendment Bill (No 2). The Bill would amend the as-yet not in force Lawyers and Conveyancers Act 2006 by allowing in-house lawyers at unions and employers' organisations to offer legal services to members of those bodies. The Law Society presented reservations about the Bill whereas Business New Zealand submitted that the Bill normalises present practices. The Committee reported the Bill back to the House without amendments. The Commerce, Education and Science, Finance and Expenditure, Foreign Affairs, Defence and Trade, Government Administration, Justice and Electoral, Law and Order, Local Government and Environment, Maori Affairs, Primary Production, Social Services and Transport and Industrial Relations Select Committees continue to hear evidence from various ministers about their Vote allocations in May's budget. The Transport and Industrial Relations Select Committee heard submissions on the Holidays (Transfer of Public Holidays) Amendment Bill, which amends the Holidays Act 2003. The Bill would allow employees working shifts straddling a public holiday to transfer the public holiday to cover an entire shift.
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IN CONSULTATION |
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What's New
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| RELEASED BY ... | ISSUE | SUBMISSIONS
CLOSE ON... (2008) |
| Commerce Commission | 30 July |
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| Commerce Commission | Next Generation Networks Study – consultation paper; letter | 29 August |
| Conservation - Dept of | Proposed Awarua/Waituna Wetland development Notice of intention to declare four marine mammal sanctuaries; Notice of intention to redefine the Banks Peninsula Marine Mammals Sanctuary |
11 July 23 July |
| Electricity Commission | Reconciliation Participant and Distributor Audit Guidelines (+ Appendix 1 & Appendix 2) | 25 July |
| Environmental Risk Management Authority | Re-notification of Application for Biological Control of Tradescantia | 29 July
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| Fisheries – Min of | Coromandel Scallop In-season TAC Review Review of Sustainability Measures and Other Management Controls for the 2008-09 Fishing Year Maori Commercial Aquaculture Settlement: Valuation Methodology Report; Peer Review Report |
9 July 11 August
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Current
Employment Relations Amendment Bill
Labour Minister, Trevor Mallard has announced proposed changes to the Employment Relationships Act to deal with the rights of casual, temporary and non-standard workers, give Labour Inspectors powers to rule on whether work is temporary or permanent in nature, and address triangular employment relationships.
Criminal Justice Remedial Matters Bill
Cabinet agreed to include electronic monitoring of bail into the Bill.
Lawyers and Conveyancers Act 2006
Cabinet agreed on regulations to be promulgated which will bring the 2006 Act into force.
Maritime Transport Act
Cabinet has agreed to amendments to this Act relating to port and harbour safety management, following public consultation.
National Environmental Standards
Cabinet agreed to the release of a discussion document for the development of a National Environmental Standard for onsite waste water systems.
Sale of Liquor Amendments
Cabinet has agreed on policy for changes to liquor supply, including restricting the control that territorial authorities have over licensing premises. Aspects of the Member's Bill proposed by Hon George Hawkins will be included in the Government Bill.
Tribunal System
Cabinet agreed to the release of a discussion document by the Minister for Courts, Hon Rick Barker, on the current system of tribunals.
Quantum Laboratory Ltd v Dunedin District Court
High Court, Dunedin, per Hon Justice Panckhurst
The High Court recently considered the issue of damage to the reputation of people in court cases when the people whose reputations are damaged are not a party to the proceeding.
The High Court proceedings had to decide two issues. Firstly, whether the comments in the District Court were adverse and in breach of natural justice, and secondly, whether relief was available.
In his judgment, Panckhurst J said that did not condone the District Court judge's comments and said that he sympathised with the individual who was the subject of those comments. However, he was less certain about whether the comments harmed Quantum because the comments did not attach to the company, but the individual.
The judge concluded that affording a right of natural justice to non-parties and non-witnesses in a case would fundamentally change the nature of the adversarial courts system. Such a right could mean that judges, rather than the parties themselves, deciding what evidence and which witnesses to call. It would also be impractical, potentially requiring hearings to be run differently and slews of witnesses to be recalled. The fact that non-witnesses and non-parties are frequently referred to in proceedings but that no rule of natural justice exists to protect them proved decisive.
There being no breach of natural justice, there was no relief available.
However, the Judge discussed the safeguards inherent in the adversarial system for non-parties who may be commented on adversely. He suggested that where these safeguards fail then a remedy should follow. Although silent on what that remedy might be, the door for relief seems to have been held slightly ajar.
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