NEWS ON POLICY AND POLITICS
11 June, 2008

Watching Brief is a regular publication from Russell McVeagh on developments in public law and policy of interest to New Zealand business.

www.russellmcveagh.com

IN POLITICS

A Matter of Opinion

The Government's flagship 'sustainability' legislation looks increasingly in doubt, as the practical and economic reality of what is being proposed hits home. more... 

CLIMATE CHANGE UPDATE

Emissions Trading In Australia

With National's decision to withdraw support of the current Climate Change (Emissions Trading and Renewable Preference) Bill, the spotlight has turned to Australia's plans for a trading regime and the desirability of ensuring consistency of whatever emerges there with the local scheme. more...  

IN OTHER NEWS

Proposed National Grid Regulations

Public consultation has closed on two proposed national environmental standards aimed at improving the management and security of the national grid. more...

Govt to Consider Expert Panel To Improve Regulation

Commerce Minister Lianne Dalziel has said she will recommend the Government consider a Commerce Select Committee recommendation to establish a high-level expert taskforce to investigate ways of improving the process for making and reviewing regulation. more...

Electricity Industry Reform Amendment Bill

The Commerce Committee has reported the Electricity Industry Reform Amendment Bill back to the House, recommending that it be passed with certain amendments. more...

Electrical Sector Risk Management

The Electricity Commission has published its second paper on the disclosure of risk management contracts by industry participants. more...                           

Platform for New Digital Future Launched

Communications and Information Technology Minister David Cunliffe has launched the Digital Development Council, which will in turn set up the Digital Development Forum. more...

Securities Commission to fund criminal prosecutions

PROGRESS OF LEGISLATION

Bills Introduced/Awaiting First Reading more...

Unit Titles Bill

Residential Tenancies Amendment Bill (No 2)

Palmerston North Showgrounds Act Repeal Bill

Bills Open for Submissions more...

Submissions Closed more...

Bills Reported Back / Awaiting Second Reading more...

Bills Delayed more...

Bills Passed Second Reading / Awaiting Third Reading more...

Second Reading Negatived more...

Bills Passed Third Reading more...

Acts Assented more...

Regulations more...

IN COMMITTEE more...

IN CONSULTATION more...

LEGISLATION IN THE WINGS more...

A Matter of Opinion

The Government's flagship 'sustainability' legislation looks increasingly in doubt, as the practical and economic reality of what is being proposed hits home. 

The Biofuels Bill for one may have looked attractive last year, but that was before UN observations that the displacement of food crops for biofuel staples constituted a crime against humanity. The difficulties of achieving meaningful sustainability labelling and obviating another likely cost on the already soaring price of fuel have also put a real break on progress, as has concern about the management of the excise regime for ethanol.

National's withdrawal of support from the Climate Change (Emissions Trading and Renewable Preference) Bill is also telling. Anxious to avoid being painted as a climate change denier, National had until now taken a generally supportive approach to the development of the local scheme. However, the decision by the newly minted Australian Government provided a rational basis for National to advocate a delay until we can see exactly what the Australians will come up with before committing ourselves irrevocably to a path of potential economic disadvantage relative to our major trading partners.

Also, in the Green's camp anxiety is growing over the possibility that the Waste Minimisation (Solids) Bill may need to be held over until 2009. With only a handful of Members' days available to advance the legislation, the possibility is real that the Bill may not get through all its stages by the time the House rises for the year.

The icing on what is proving a very dry cake for the administration was the announcement yesterday of a net forestation deficit for 2007 - an outcome unequivocally attributed by forest owners to the perverse incentives created by Government's Kyoto policies.

Any further progress on the Government's package of sustainability legislation - at least over the short-term - seems likely to rest on the extent to which political 'face' demands that it proceed, notwithstanding the likely negative impacts.   

Emissions Trading In Australia

With National's decision to withdraw support of the current Climate Change (Emissions Trading and Renewable Preference) Bill, the spotlight has turned to Australia's plans for a trading regime and the desirability of ensuring consistency of whatever emerges there with the local scheme.

Australia's ratification of the Kyoto Protocol may have been fashionably late, but it has nonetheless been active in developing its thinking about climate change mitigation strategies.  Most notable in its consideration has been the Garnaut Climate Change Review. Commissioned last year by the Commonwealth, State and territorial governments, Professor Garnaut and secretariat examined the impacts, challenges and opportunities of climate change for Australia.  Before this, a National Emissions Trading Taskforce carried out comprehensive ETS design work and consultation. The Federal Government also had its own Task Group on Emissions Trading.

In February (before new Prime Minister Rudd's ratification of the Kyoto Protocol) Professor Garnaut released an interim report, advocating that Australia promote strong global action on climate change and be prepared to match the commitments of other developed nations.  He also recommended that Australia adopt 2020 and 2050 targets for emissions reductions. Initial perspectives on the design of an emissions trading scheme to come into effect in 2010 were also outlined.

In an Australian Financial Review article entitled "Measuring the Immeasurable" (26 May 2008), Professor Garnaut commented that his Review traverses the most difficult policy territory that he has encountered in a lifetime of work on domestic and international public policy.  Most challenging has been the assessment of the economic implications arising in any climate change mitigation plans.  Garnaut observed that climate change policy should not be based on a comparison of mitigation costs with the costs of climate change, but rather with the costs of climate change that can be avoided by mitigation.  In his draft and final report, it is expected that there will be great deal of financial modelling factoring in the various costs of mitigation and avoided climate change.  As Garnaut describes it, this is pioneering work that has not been done before (and certainly was not done in New Zealand). 

In March, a discussion document with detailed proposals for an ETS design was released for consultation.  Garnaut received over 4000 submissions (although 3000 of these were form letters).  A more comprehensive draft report is due to be publicly released on 4 July, incorporating feedback received via submissions, and final report is due on 30 September.

Although the Review's final report and recommendations will undoubtedly inform to the eventual ETS model, the Federal Government has signalled that not all of the recommendations, some of which have been foreshadowed in February's interim report, will be adopted. 

The key proposals and observations to emerge from the Review thus far are as follows:

ETS design

Similar to New Zealand, the proposition is that the Australian ETS will include all of the six greenhouse gases.  The scheme will cover stationary energy, transport (including domestic aviation and marine), industrial processing, and waste.  Interestingly, the agriculture and forestry sectors will only be included (possibly progressively) as emissions measurement and monitoring issues are resolved.  This is in marked contrast to New Zealand's plans where forestry is the first cab off the rank this year (despite measurement issues), and agriculture will come into the scheme in 2013 regardless of whether methane issues are resolved by then.

Flexibility

The Garnaut Review proposes that the scheme allows for unlimited banking of permits and borrowing of permits.  An independent Carbon Bank is proposed to be established which will be authorised to lend permits in prescribed situations. 

Another flexibility mechanism proposed is the full international linking with other ETS systems, including New Zealand and the European Union.

Professor Garnaut does not favour a price cap.  His view is that the other flexibility mechanisms above provide enough of a safety valve, and it would be difficult to link the Australian ETS with other international schemes which do not have a cap.

Allocation of permits

The planned currency of the Australian ETS will be permits (to emit carbon) - as opposed to emissions units such as the New Zealand Unit to be introduced in the NZ ETS.  Permits are also used in the European Union.

In another marked contrast to New Zealand's plans, the Garnaut discussion paper favours the auctioning of permits over the free allocation of permits to competition-at-risk participants.  In fact, the Review is opposed to the idea of allocating free permits due to the complexities of establishing the baseline emissions profile against which a business' allocation of free permits is determined, the difficulty of collecting the necessary emissions data, the susceptibility of the allocation process to political pressure, the non-transparent value of the compensation, and the need to avoid penalising early movers.

Offsets

The Review favours the use of offsets via the Clean Development Mechanism (CDM), but in a more limited sense than that of New Zealand's plans.  It is proposed that the import of CDM units could be limited to those generated in the least developed countries that are unlikely to adopt emissions reduction targets in the future.

Monitoring and enforcement

The Review proposes the creation of an independent "Carbon Bank" as a new statutory authority to administer and enforce the ETS.  Whether or not the Federal Government will be inclined to adopt such an independent model is moot, and is a likely point of lobbying by potential ETS participants in the future.

No thermal generation ban

Australia's energy profile is of course quite different to New Zealand's.  The Federal Government has stated that it may look at introducing a renewable energy target of 20 percent by 2020 (compared to New Zealand Government's plans to achieve 90 percent, from the current 70, percent, by 2025).  The Review has commented on the New Zealand proposal, stating that renewable schemes (such as wind and hydro generation) encourage the use of more expensive technologies that may displace lower cost non-renewable (and relatively low emissions) technologies, and may negatively affect the carbon price.

Other climate change measures

In parallel with the Garnaut Review, a new National Greenhouse and Energy Reporting System (NGERS) has been developed and introduced via the National Greenhouse and Energy Reporting Act 2007 (Cth).  Under this new framework, greenhouse gas emitters are required to monitor and report on their emissions (as well as energy consumption and production), starting later this year.  This reporting framework will be an important component of the new ETS.

Still more work to do…

The Australian Productivity Commission, which is the Government's independent research and advisory body on a range of economic, social and environmental issues, recently released its submission to the Garnaut Review titled "What Role for Policies to Supplement an Emissions Trading Scheme?". 

The Productivity Commission was asked to look at the supplementary measures that may be required in conjunction with the new ETS.  Specifically, the Commission looked at whether policy measures to reduce emissions that were devised in the absence of a market price for carbon would still serve a useful purpose.  The Commission found that the current Mandatory Renewable Energy Target (which is currently marked for significant expansion and is a significant climate change policy instrument) would not work well with the ETS plans and, in fact, would most likely lead to higher electricity prices and may provide a signal that lobbying for government support for certain technologies over others could be successful.  For other policy measures, however, the Commission found that these could have a positive role to play so long as they are well designed.

Another point that the Commission reviewed was the possible scope and coverage of policy action, either within the ETS or by other means.  In relation to the agriculture and forestry sectors, it found that while it appears feasible to include forestry and some elements of agriculture in the ETS, it is unclear whether this is the best option.  The possibility for forestry offset schemes is also considered as a possibility.  Australia's forestry statistics are quite different to New Zealand's climate change profile, with deforestation declining by 76 percent since 1990 (compared to New Zealand's rapidly increasing figures in recent years).

So what does this all mean for New Zealand?

The fact that Australia is planning to introduce a similar ETS is, on balance, a positive for New Zealand. However, as noted, there are likely to be some key differences in the respective schemes if the Garnaut Review's proposals are adopted and New Zealand stays on its present course. 

Proposed National Grid Regulations

Public consultation has closed on two proposed national environmental standards aimed at improving the management and security of the national grid.  The Government has decided to re-examine the proposed standards to address the feedback that was received.

"The Government has set a target of 90 per cent renewable energy by 2025.  To help reach this target, the management around our national grid needs improving. Providing clarity and consistency around the planning process for the management and protection of the grid will help achieve this", Environment Minister Trevor Mallard said.

The proposed "Transmission Activities National Environmental Standard" would define which activities grid operator Transpower can undertake without resource consent to maintain the national grid and which activities would require specific consents.

The "Transmission Risks National Environmental Standard" aims to protect transmission lines from activities which could put the national grid at risk, and to provide protection for people from transmission lines, by establishing a buffer zone.  The Minister has asked the Ministry for the Environment, jointly with key stakeholders and key submitters, to assess whether this is the correct tool and to look at other options that might work better.

Other possible options include:

• providing guidance for councils on suitable plan provisions;
• relying on arrangements between Transpower and individual landowners;
• strengthening electricity safety requirements for activities around transmission lines under the Electricity Act;
• Resource Management Act designations; and
• a revised national environmental standard.

The cabinet paper relating to the proposed standards can be found at www.mfe.govt.nz.

Govt to Consider Expert Panel to Improve Regulation

Commerce Minister Lianne Dalziel has said she will recommend that the Government consider a Commerce Select Committee recommendation to establish a high-level expert taskforce to investigate ways of improving the process for making and reviewing regulation.

The Commerce Select Committee recommended against passing ACT leader Rodney Hide's Regulatory Responsibility Bill, but stated that the Committee supported the need to improve regulatory review and decision-making.   

The Committee considered 189 submissions and sought advice on a number of options but found there was little agreement amongst either Committee members or submitters on the best way to approach the issue.  To move forward, the Committee recommended a taskforce comprising experts in public policy, economic, legal and constitutional matters be formed, who could also draw on advice from officials, the Law Commission, Parliament and submitters from the private sector.

Lianne Dalziel noted that all of these parties have the same objective and stated, "We will continue to work on finding effective ways of ensuring that as legislators we make the best possible decisions so that proposed regulation is high quality, appropriately targeted and that it doesn't have unintended consequences". 

The announcement that the Regulatory Impact Analysis Unit ("RIAU") will be shifting from the Ministry of Economic Development to Treasury later this year was cited as an example of the Government's commitment to quality improvement in ensuring that regulation is fit for its purpose.

Electricity Industry Reform Amendment Bill

The Commerce Committee has reported the Electricity Industry Reform Amendment Bill back to the House, recommending that it be passed with certain amendments.  The Bill amends the Electricity Industry Reform Act 1998 to encourage electricity lines companies to invest in permitted generation, particularly renewable generation.  It proposes:

• relaxing some of the corporate separation and arm's length rules relating to generation and retailing;
• allowing electricity lines businesses to sell more electricity;
• allowing electricity lines businesses to hedge the output of their generation; and
• allowing electricity lines businesses to invest in generation and retail without limit outside their own lines areas.

The Commerce Committee recommended various drafting amendments to the Bill.  These include:

• Insertion of a new section to make it clear that only the proportion of generation that is owned by the lines business is counted towards its connected generation.  This definition is important for the calculation of the connected generation and customer selling cap rules.
• The disregarding of generation and conveyance of less than 5GWh per annum and retail sales of less than that amount, to allow for load growth in smaller networks since the principal Act’s introduction.
• Clarification that generation disregarded for the purpose of calculating the connected generation cap rule will nevertheless be counted towards the threshold for corporate separation and arm’s length rules.  Some existing exemptions granted by the Commerce Commission would therefore continue to apply.
• A requirement on lines businesses involved in connected generation and selling more than 5MW of  that generation to connected customers to have a comprehensive, written use-of-systems agreement with its retail arm. The agreement should not discriminate in favour of that business, and it must be published on the generator’s Internet site.  Failure to comply with these requirements would be an offence.
• Clarification of the definition of “local network” and “manager” in the principal Act. 

Electrical Sector Risk Management

The Electricity Commission has published its second paper on the disclosure of risk management contracts by industry participants.

The Commission wants to increase transparency and liquidity within the hedge market and proposes requiring participants to disclose key details of their risk management contracts, enabling ready comparison of prices and other key risk management terms.

Submissions on the paper close on 16 June.

Platform for New Digital Future Launched

Communications and Information Technology Minister David Cunliffe has launched the Digital Development Council, which will in turn set up the Digital Development Forum.

“Together the Forum and the Council are expected to help achieve the Government’s vision that New Zealand will become a world leader in using information and technology to realise its economic, social, environmental and cultural goals, to the benefit of all New Zealanders", Mr Cunliffe said.

The Council will be the operational arm of the structure, which will get funding released and start attracting members to the Forum.  The Forum will be the main agent in the Digital Development Group, bringing together a range of organisations with a common interest in digital development.  Its members are expected to include Information and Communications Technology ("ICT") users, professionals, suppliers, local government and community, voluntary, Maori and cultural groups.  The Forum will set priorities, engage with Ministers and nominate future members to the Council.  It will provide strategic advice and direction to the Council and Government on digital matters. 

Securities Commission to fund criminal prosecutions

Commerce Minister Lianne Dalziel has agreed to allow criminal prosecutions against finance companies which have misled investors to be funded from the Securities Commission’s Litigation Fund.  This will require an amendment to her Output Agreement with the Commission.

Currently the litigation fund is available for civil prosecutions only.  Until now, criminal cases have been handled by the Registrar of Companies’ National Enforcement Unit within the Ministry of Economic Development.  The Registrar of Companies will now work with the Securities Commission on allocating responsibility for future criminal prosecutions. 

"I want the regulator to have every support possible in order to allow it to take prompt and effective action that will help to rebuild public confidence in the finance market", Lianne Dalziel said.

Bills Introduced/Awaiting First Reading

Unit Titles Bill
Type of Bill: Government
Member in Charge: Hon Shane Jones

This Bill repeals and replaces the Unit Titles Act 1972 to provide a new legal framework for the joint ownership and management of land, buildings and facilities by communities of individual owners on a more socially and economically sustainable basis.  It aims to ensure that the diverse range of unit title developments is able to be managed more effectively and to provide a clear and flexible mechanism for both simple and complex developments to be created in the future.

The key features of the Bill include:

• technical detail for developers, surveyors and territorial authorities;
• clarification of the responsibilities of unit owners and bodies corporate to ensure sound management practices and protect long-term capital value;
• a flexible governance structure with reduced voting thresholds for bodies corporate;
• a disclosure regime to allow unit owners, bodies corporate and prospective buyers to have accurate and comprehensive information regarding purchases, financial commitments and participation in body corporate matters; and
• a new dispute resolution service so anyone with an interest in a unit title development can resolve disputes.

Residential Tenancies Amendment Bill (No 2)
Type of Bill: Government
Member in Charge: Hon Shane Jones

The purpose of this Bill is to encourage the development of a rental market that provides stable, quality housing to those who rent their homes while enabling landlords to manage their properties more effectively and clarifying the balance between tenant and landlord rights and obligations.

The key provisions of the Bill include:

• extending the protection of the Act (including access to advice, information and dispute resolution services) to more people involved in renting, such as tenants in boarding houses;
• limiting a tenant’s liability for damage to four times the weekly rent if the Tenancy Tribunal or a Court is satisfied that the tenant did not cause the damage intentionally or recklessly;
• clarifying responsibility for outgoings by introducing overarching principles to indicate when landlords or tenants are responsible for charges such as rates or electricity;
• increasing the value of existing fines and exemplary damages and introducing new sanctions;
• increasing the Tribunal’s monetary jurisdiction; and
• improving the enforceability of Tribunal orders.

Palmerston North Showgrounds Act Repeal Bill
Type of Bill: Private
Member in Charge: Hon Steve Maharey

This Bill provides for the transfer of the management and control of the land that comprises the Palmerston North Showgrounds from the Palmerston North Showgrounds Board of Control to the Palmerston North City Council.  It also provides for the dissolution of the Palmerston North Showgrounds Board of Control and the repeal of the Palmerston North Showgrounds Act 1974.

Bills Referred To Select Committee

The Copyright (Artists’ Resale Right) Amendment Bill was read for the first time and referred to the Government Administration Committee.  Submissions close on 4 July 2008.  The Committee is due to report back on 6 October.

The Parliamentary Service Amendment Bill was read for the first time and referred to the Standing Orders Committee.  Submissions close 13 June 2008.  The Committee is due to report back on 21 July.

The Serious Fraud Office (Abolition and Transitional Provisions) Bill was read for the first time and referred to the Law and Order Committee.  Submissions close 20 June 2008.  The Committee is due to report back on 15 August.

Open For Submissions

Submissions Closed

Bills Reported Back / Awaiting Second Reading

Alcohol Advisory Council Amendment Bill
Auckland Domain (Auckland Tennis) Amendment Bill
Bishop Suter Art Gallery Governance Restructuring Bill
Companies (Minority Buy-out Rights) Amendment Bill
Customs and Excise Amendment Bill (No 3)
Electricity Industry Reform Amendment Bill
Gambling Amendment Bill (No 2)
Injury Prevention, Rehabilitation, and Compensation Amendment Bill (No 2)
Land Transport Management Amendment Bill
Policing Bill
Real Estate Agents Bill
Regulatory Responsibility Bill (the Commerce Committee recommended that this Bill not be passed)

Bills Delayed

The following Bills have been delayed:

• Affordable Housing: Enabling Territorial Authorities Bill (Select Committee Report delayed from 11 June to 8 July)
• Climate Change (Emissions Trading and Renewable Preference) Bill (Select Committee Report delayed from 11 June to 16 June)
• Education (Establishment of Universities of Technology) Amendment Bill (Select Committee Report delayed from 30 May to 30 June)

Bills Passed Second Reading / Awaiting Third Reading

Appropriation (2008/09 Estimates) Bill
Corrections (Mothers with Babies) Amendment Bill
Minimum Wage and Remuneration Amendment Bill
Summary Offences (Tagging and Graffiti Vandalism) Amendment Bill

Second Reading Negatived

Young Offenders (Serious Crimes) Bill

Bill Passed Third Reading

Taxation (Personal Tax Cuts, Annual Rates, and Remedial Matters) Bill

Acts Assented

Taxation (Personal Tax Cuts, Annual Rates, and Remedial Matters) Act 2008
New Zealand Geographic Board (Nga Pou Taunaha o Aotearoa Act 2008
Mauao Historic Reserve Vesting Act 2008
Maniapoto Māori Trust Board Amendment Act 2008
Māori Trust Boards Amendment Act 2008
Treaty of Waitangi Amendment Act 2008
Te Ture Whenua Māori Amendment Act 2008

Regulations

Takeovers Code (Synlait Limited) Exemption Notice 2008
Securities Act (Macquarie Investment Services Limited) Exemption Notice 2008
Electoral Main Rolls Closing Order 2008
Tūhoe-Waikaremoana Māori Trust Board Order 2008
Securities (Mutual Recognition of Securities Offerings - Australia) Regulations 2008
Tariff (Concession Reference Number 80) Amendment Order 2008
Rates Rebate (Specified Amounts) Order 2008
Financial Reporting Act (Credit Agricole S.A.) Exemption Notice 2008
Takeovers Code (Abano Healthcare Group Limited) Exemption Notice 2008
Securities Act (Local Authority and Other Venture Capital Schemes) Exemption Amendment Notice (No 2) 2008
Civil Aviation (Aeronautical Information Service) Levies Amendment Order 2008
Land Transport (Certification and Other Fees) Amendment Regulations 2008
Land Transport (Offences and Penalties) Amendment Regulations 2008
Traffic Amendment Regulations 2008
Education (Statistics New Zealand Authorised to Use National Student Numbers) Regulations 2008
State Sector (Employee Provisions Applied to Transfer of Functions from Ministry of Education to Ministry of Social Development) Order 2008
Parental Leave and Employment Protection (Rate of Parental Leave Payment) Regulations 2008
Animal Products (Fees, Charges, and Levies) Amendment Regulations 2008
Engine Fuel Specifications Regulations 2008
Gas (Levy of Industry Participants) Regulations 2008
Customs and Excise (Fees) Amendment Regulations 2008
Court of Appeal (Civil) Amendment Rules (No 2) 2008
Administration (Prescribed Rate of Interest) Order 2008
Disputes Tribunals (Prescribed Rate of Interest) Order 2008
District Courts (Prescribed Rate of Interest) Order 2008
Judicature (Prescribed Rate of Interest) Order 2008
Trustee (Prescribed Rate of Interest) Order 2008
Building (Building Consent Authority Transition) Order 2008
Securities Act (Mercer Investment Nominees (NZ) Limited) Exemption Notice 2008
Overseas Investment Amendment Regulations (No 2) 2008
Social Security (Long-term Residential Care) Amendment Regulations (No 3) 2008
Agricultural Compounds and Veterinary Medicines (Fees and Charges) Amendment Regulations 2008
Animal Products (Regulated Control Scheme Dairy Export Quota Products) Regulations 2008
Excise and Excise-equivalent Duties (Alcoholic Beverages Indexation) Amendment Order 2008
Continental Shelf (Maari Development Safety Zones) Regulations 2008
Taxation Review Authorities Amendment Regulations (No 2) 2008

In Committee

The Commerce Committee heard submissions on the Commerce Amendment Bill. Issues considered include consumer-owned electricity distribution businesses, the proposed information disclosure and price-quality paths, merits review, transitional arrangements, regulation of airports, and the inclusion of new sub-part 11 (airport services),

The Finance and Expenditure Committee continues to hear submissions on the Climate Change (Emissions Trading and Renewable Preference) Bill.

The Local Government and Environment Committee continues to hear submissions on the Affordable Housing (Enabling Territorial Authorities) Bill.

The Māori Affairs Committee continues to hear submissions on the Waka Umanga (Māori Corporations) Bill.  Issues considered include the level of iwi support for the Bill, timing of the Bill, consultation with Māori on the Bill, whether an explicit treaty clause should be inserted, and whether it should be made explicit in the Bill that only one waka umanga can exist for any one iwi.

The Transport and Industrial Relations Committee continues to hear submissions on the Public Transport Management Bill.  Issues considered include the viability of building new infrastructure systems, power imbalance between regional councils and industry, and voluntary industry-based initiatives to improve public transport.  The Committee is also considering the Employment Relations (Breaks and Infant Feeding) Amendment Bill.  Issues considered include whether the legislation is necessary, flexibility of break-times for workers, and the effect of the legislation on productivity.

The Social Services Committee is considering submissions on the Children, Young Persons, and their Families Amendment Bill (No 6).  Issues considered include the complexity of the current legislation, funding for social workers, pay disparity between iwi social workers and regular social workers, young people with mental health concerns, children with disabilities, inclusion of 17 year olds within the Youth Court jurisdiction, victims' rights, and family group conferences.

What's New

Current

Inquiries Act proposed by Law Commission
The Law Commission is proposing a new Inquiries Act, which would provide for:

• 'public inquiries', which would take over from what are currently known as commissions of inquiry and royal commissions; and
• 'government inquiries', which will be simpler and more readily established.

Legal Services Amendment Bill
The Legal Services Amendment Bill is ready for introduction.  The Bill deals with the issue of victims of crime not being required to repay legal aid for parole or coroner-type hearings.

Amendments to the Health and Disability Services Safety Act 2001
Cabinet has agreed to policy that requires amendments to the Health and Disability Services Safety Act 2001.

Amendments to the Domestic Violence Act 1995
Following consultation, Cabinet has agreed to detailed amendments to the Domestic Violence Act 1995.

Amendments to the Privacy Act 1993
Cabinet has approved a Bill that makes minor changes to the Privacy Act 1993.

Compulsory third party insurance for motor vehicles
Cabinet has agreed to the release of a discussion document on the issue of compulsory third party insurance for motor vehicles.

Links

This publication is intended only to provide a summary of the subject covered. It does not purport to be comprehensive or to provide legal advice. No person should act in reliance on any statement contained in this publication without first obtaining specific professional advice. If you require any advice or further information on the subject matter of this newsletter, please contact the partner/solicitor in the firm who normally advises you, or alternatively contact: