NEWS ON POLICY AND POLITICS
12 December, 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 PARLIAMENT

The speech from the throne
It had none of the careful political branding that characterised the last Speech from the Throne…more...

The policy priorities
The Government's priorities…more...

IN OTHER NEWS

Inquiry into disclosure of funding shortfall in ACC Non-Earners Account more...

90-day workplace trial legislation introduced more...

Treasury briefing released more...

IN PARLIAMENT

Bills Introduced /Awaiting First Reading more...

Taxation (Urgent Measures and Annual Rates) Bill
Employment Relations Amendment Bill

Bills reinstated more...

Regulations more...

IN CONSULTATION more...

 


IN POLITICS

The speech from the throne

It had none of the careful political branding that characterised the last Speech from the Throne. Gone were the multiple references to 'sustainability' and centrally determined appeals to Kiwi identity. Instead, the statement of the Government's legislative and policy intent with which the 49th Parliament was opened presented a direct and, in places, blunt agenda.   

That is not to say that this year's Speech from the Throne was without its polemic. The new administration's view of the role of Government versus that of the individual was clear - it will be guided by "individual freedom and New Zealanders' capacity to shape and improve their own goals."

In addition to raising an impudent digit to the surviving remnants of the Labour-led Government, that simple proposition will almost certainly bring the administration into conflict with interventionist minded agencies, like the Ministry of Health and the lobby groups they support. Used to a ready political patronage for the latest "what's good for you" measure it is clear that these organisations will find life radically altered.

The humble and, for some, ego-popping, acknowledgement that "the true builders of a stronger economic future are not sitting in [the Parliamentary] chamber today," was also an important signal that the administration sees itself in a supporting role only.  The stars of long-term social and economic security are to be found elsewhere. 

Although significant National's ideological burp was generally muted.   In the end the Speech was less political than it was a management agenda, the main theme of which was building economic growth and resilience in the face of global recession.  Identifying falling productivity levels, the decline in after-tax wage rates relative to Australia, and an historical failure to grasp opportunities as the obstacles, it has set a general goal for New Zealand to lift its game.

The policy priorities

The Government's priorities, as outlined in the Speech from the Throne, were:

Infrastructure Investment

National has reaffirmed its commitment to stimulate the economy through an incremental programme of personal tax cuts, and increased infrastructure investment. Signalling an intention to work with the private sector to "maximise the impact of public investments", the focus with be on transport projects, schools and broadband development.

Regulatory reform

Acknowledging the long-standing business complaint that Government regulation is often more of a hindrance than it is enabling, the Government has also affirmed its intention to undertake a "regulatory review programme" to remove inefficient regulation and ensure regulation is used "sparingly and effectively".  Also, it will undertake a two-step reform of the Resource Management Act 1991. The first step will involve measures to remove costs, delays and uncertainties. Step two will involve improvements to decision making in respect of water allocation and urban design.

Financial system

The Government will continue to shore up the liquidity of the financial system by maintaining support for the retail deposit and wholesale banking government guarantees for as long as they are required to ensure the effective operation of the banking system.  Promoting New Zealand investment, the new Government also proposes to set the New Zealand based investment target for the $14 billion of assets in the Government Superannuation Fund at 40%, up from the current 25%.

Also, the Government has indicated its intention to announce details of its "Restart" support package for those affected by the  recession and confirmed that it will reduce the minimum employee contributions to Kiwisaver to 2% of an employee's gross salary, to ensure that "saving is a more affordable choice". 

Public spending

An examination of public spending is also on the cards with the objective of eliminating waste and focusing resources on frontline services. 

Emissions Trading Scheme

As part of its confidence and supply agreement with the ACT Party, the Government will embark on a review of the Emissions Trading Scheme ("ETS").  It will strive to find a balance between the country's environmental responsibilities against economic means available. 

Priorities include:

  • reducing emissions using least cost methods;
  • honouring the country's Kyoto Protocol obligations and building on global alliances;
  • working with other countries in finding a pragmatic way to include large emitters such as China, the US, India and Brazil; and
  • engaging in international discussion to advocate recognition of New Zealand's "unique agricultural-emissions-profile".  There will be increased public investment in research to reduce emissions from livestock. 

Education

Reflecting the Prime Minister's own passion for education as a lever for economic development, the Government has announced its intention to modernise the school system, prepare students for employment and ensure that students are equipped to succeed.

National Standards in literacy and numeracy will be introduced at primary level and parents will receive "Plain English" reports on their children's progress. A "Trades in Schools" policy will be introduced at secondary level. Specialised Trades Academies and school-based apprenticeships will be made available, along with "trades and technology-based learning opportunities". 

At the senior end of secondary education, the Government will introduce a "Youth Guarantee", providing 16-17 year olds with an entitlement to free school-level education at a greater range of institutions - including wananga, polytechnics and private training establishments. 

Voluntary Bonding

In tertiary education, the Government aims to reduce the bureaucracy and respond to employers' and students' needs. In particular, "Voluntary bonding schemes", based on student-loan write-offs, will be introduced for graduates in "hard-to-staff professions", including doctors, nurses and teachers.

Law and order

The get tough approach signalled in National's election campaign will be reflected in the provision of stronger sentencing, parole and bail laws, additional police in South Auckland, and giving police the power to issue on-the-spot protection orders and to take DNA at the time of arrest.  On the preventative and rehabilitative side of the ledger, the Government will introduce "Fresh Start" programmes for youth offenders, incorporating military-style training and intensive mentoring. It will also increase rehabilitation programmes in prison and introduce compulsory work programmes.  

Public health

The Government's health priorities will be to reduce surgery waiting lists and deal with the health workforce crisis.  In a bland, but potentially significant statement, the Government has also indicated that it will give health professionals more say in the running of the health system and require DHBs to work more collaboratively. 

Māori and Treaty issues

Unsurprisingly, fresh energy is to be devoted to the settlement of all Treaty grievances by 2014. Also, under the confidence and supply agreement with the Māori Party, the Government will undertake a review of the Seabed and Foreshore legislation to determine whether it enhances mana whenua. The Government will also establish a group to consider Māori representation as part of a wider constitutional review. 

Constitutional issues

The Government will repeal the Electoral Finance Act which it regards as a "yoke on free speech" and as "eroding the democratic principles that underpin our country".  The Electoral Act 1993 will be an interim replacement, with the parts of the Electoral Finance Act dealing with donations incorporated.  MMP will be the subject of a referendum, as will a range of alternatives.

Foreign policy

A bipartisan approach will be taken to foreign policy decision making, including an "ongoing commitment to trade liberalisation and the pursuit of bilateral, regional and world-wide free trade agreements". 

 

IN THE NEWS

Inquiry into disclosure of funding shortfall in ACC Non-Earners Account

The Terms of Reference for the Ministerial Inquiry into the disclosure of the funding shortfall in ACC’s Non-Earners Account has been released by Finance Minister Bill English.

“There are serious questions to be answered about why a serious hole in the Government accounts was not disclosed and what should be done to stop this situation recurring. I look forward to getting some answers,” Mr English said.

The Inquiry will be carried out by Michael Mills of policy consulting firm, Martin'Jenkins. Mr Mills will consult with The Treasury, the Department of Labour, the State Services Commission, the Cabinet Office and the ACC Board and staff. He will report his finding to the Minister of Finance by Friday 27 February 2009.  An initial account on why the ACC increase was not identified earlier and included in the Pre-election Financial Update, and what changes need to be made as a result, is expected prior to that date.

Terms of Reference

The terms of reference for the Inquiry are as follows:

  1. Identify the date or dates on which the increase in Government funding required for the ACC Non-Earners Account became known, to whom the information was communicated and on what dates.
  2. Describe the normal process and timeline for identifying, obtaining actuarial validation of, seeking appropriation approval for, and reflecting in economic and fiscal updates any increase required in Government funding for the ACC Non-Earners Account.
  3. Describe the extent to which the process and timeline followed in 2008, including in relation to the Pre-Election Economic and Fiscal Update, was consistent with or different from the normal process and timeline and why any variation occurred.
  4. Recommend what, if any, changes to systems and processes for identifying, obtaining actuarial validation of, seeking appropriation approval for, and reflecting in economic and fiscal updates any increase required in Government funding for the ACC Non-Earners Account would be desirable.
  5. Recommend what, if any, changes in the rules used to determine what is and is not a fiscal risk requiring disclosure in economic and fiscal updates would be desirable to improve transparency consistent with the intention of Part 2 of the Public Finance Act 1989.
  6. Identify what factors (including progress to full funding, areas of cross-subsidy or cost-shifting, demand for and cost of services, and newly-legislated entitlements) gave rise to the increase in Government funding required for the ACC Non-Earners Account.
  7. Examine whether the normal principles and processes relating to Government decision making in the pre-election period placed any constraints on consideration of the necessary additional appropriations to maintain existing ACC entitlements. 

90-day workplace trial legislation introduced

Labour Minister Kate Wilkinson, announced that trial employment periods for up to 90 days will be available for employers with fewer than 20 employees, from April 2009.

Indicating that an amendment to the Employment Relations Act 2000 will be introduced under urgency and passed through all its stages, Wilkinson describes the initiative as part of the wider effort of the Government to bring about economic and productivity improvements, as well as a means of increasing job opportunities. “Existing legislation exposes smaller businesses to the risk of costly employment action if an employment relationship does not work out, and discourages them from taking on new staff," Wilkinson said. “By lowering the legal risks employers face, they will be more confident in giving people the opportunity to prove themselves."

The proposal has attracted criticism from unions and the Māori Party, concerned by the suspension of the usual consultative process.

Wilkinson has given assurances that employees will retain all other rights including those relating to pay, conditions, leave, and health and safety. “Employees will still be able to take a personal grievance under the discrimination provisions of the Employment Relations Act through the Employment Relations Authority or Employment Court," she said.

“This change brings us into line with the vast majority of OECD countries, where trial periods are an established part of employment law.”

Treasury briefing released

The Minister of Finance has released the Treasury Briefing to the Incoming Minister In a related press release, Treasury Secretary John Whitehead said that the Briefing document "purposefully looks past the immediate financial and economic issues impacting on New Zealand and discusses what is required to lift the country’s economic performance and raise living standards over the medium to long term."

The briefing advances a number of initiatives, including tax and regulatory reform, raising skills and innovation levels, better international connectedness, fiscal management and improved public sector performance.

Treasury's position on capital gains tax and reductions in superannuation has been emphatically rejected, inviting questions from the Opposition on what precisely the Government will do to promote productivity.

It is a rebuff that Whitehead is no stranger to and one that he has taken in his stride.

He intends to speak further about Treasury's updated view of the current economic situation before the release of the BPS later this month.

The Briefing can be found at: http://www.beehive.govt.nz/sites/all/files/Treasury_BIM_0.pdf .

 

IN PARLIAMENT

Bills Introduced /Awaiting First Reading

Taxation (Urgent Measures and Annual Rates) Bill
Type of Bill: Government
Member in Charge: Hon Bill English

This Bill gives effect to the taxation and Kiwisaver changes foreshadowed in National's general election campaign, including:

  • a three-year programme of changes to personal income tax rates and thresholds from 1 April 2009;
  • introduction of an independent earner tax credit of $10 a week from 1 April 2009, increasing to $15 a week from 1 April 2010;
  • repeal of the R&D tax credit from the 2009-10 income year; and
  • certain changes to KiwiSaver from 1 April 2009, including a reduced employee contribution rate of 2%, capping of compulsory employer contributions at 2%, and discontinuing the employer tax credit and the fee subsidy.

The Bill received its first reading under urgency.

Employment Relations Amendment Bill
Type of Bill: Government
Member in Charge Hon Kate Wilkinson

This Bill amends the Employment Relations Act 2000 to implement Government policy on trial employment periods for new employees of small and medium sized businesses, and to support Government policy on KiwiSaver that is being enacted through amendments to the KiwiSaver Act 2006.

The Bill is being read under urgency.

Bills reinstated

The following Bills that lapsed with the dissolution of the 48th Parliament have been reinstated:

Alcohol Advisory Council Amendment Bill
Aquaculture Legislation Amendment Bill (No 2)
Arms Amendment Bill (No 3)
Building Amendment Bill (No 2)
Children, Young Persons, and Their Families Amendment Bill (No 6)
Climate Change (Transport Funding) Bill
Commerce Commission (International Co-operation, and Fees) Bill
Conservation (Protection of Trout as a Non-commercial Species) Amendment Bill
Copyright (Artists’ Resale Right) Amendment Bill
Copyright (Commissioning Rule) Amendment Bill
Corrections Amendment Bill (No 2)
Criminal Proceeds (Recovery) Bill
Cultural Property (Protection in Armed Conflict) Bill
Dog Control Amendment Bill (No 2)
Domestic Violence Reform Bill
Education (Establishment of Universities) Amendment Bill
Education (Establishment of Universities of Technology) Amendment Bill
Education (National Standards of Literacy and Numeracy) Amendment Bill
Electoral Finance Amendment Bill
Electoral (Integrity) Amendment Bill
Electricity (Continuance of Supply) Amendment Bill
Employment Relations Amendment Bill (No 3)
Energy Efficiency and Conservation Amendment Bill
Family Proceedings (Paternity Orders and Parentage Tests) Amendment Bill
Franklin District Council (Contribution to Funding of Museums) Amendment Bill
Foreshore and Seabed Act (Repeal) Bill
Gambling Amendment Bill (No 2)
Government Superannuation Fund Amendment Bill
Health and Safety in Employment Amendment Bill (No 2)
Immigration Bill
Inquiries Bill
Judicial Matters Bill
Land Transport Amendment Bill (No 4)
Land Transport (Driver Licensing) Amendment Bill
Legal Services Amendment Bill
Liquor Advertising (Television and Radio) Bill
Māori Trustee Amendment Bill
Māori Trustee and Māori Development Amendment Bill
Marine Reserves Bill
Marine Reserves (Consultation with Stakeholders) Amendment Bill
Minimum Wage and Remuneration Amendment Bill
Misuse of Drugs (Medicinal Cannabis) Amendment Bill
Nga Rohe Moana o Nga Hapu o Ngati Porou Bill
Oaths Modernisation Bill
Organised Crime (Penalties and Sentencing) Bill
Overseas Investment (Queen’s Chain Extension) Amendment Bill
Palmerston North Showgrounds Act Repeal Bill
Patents Bill
Port Nicholson Block (Taranaki Whānui ki Te Upoko o Te Ika) Claims Settlement Bill
Privacy (Cross-border Information) Amendment Bill
Private Security Personnel and Private Investigators Bill
Protected Disclosures Amendment Bill
Public Health Bill
Public Works (Offer Back of and Compensation for Acquired Land) Amendment Bill
Rail Network Bill
Regulatory Improvement Bill
Regulatory Responsibility Bill
Reserves and Other Lands Disposal Bill
Residential Tenancies Amendment Bill (No 2)
Resource Management (Climate Protection) Amendment Bill
Sale of Liquor (Objections to Applications) Amendment Bill
Sale of Liquor (Youth Alcohol Harm Reduction) Amendment Bill
Sale and Supply of Liquor and Liquor Enforcement Bill
Search and Surveillance Powers Bill
Serious Fraud Office (Abolition and Transitional Provisions) Bill
Settlement Systems, Futures, and Emissions Units Bill
Social Assistance (Payment of New Zealand Superannuation and Veterans Pension Overseas)
Amendment Bill
Standards and Accreditation Bill
Taxation (International Taxation, Life Insurance, and Remedial Matters) Bill
Therapeutic Products and Medicines Bill
Trade Marks (International Treaties and Enforcement) Amendment Bill
Trade (Safeguard Measures) Bill
Trustee Amendment Bill
Unit Titles Bill
Waikato-Tainui Raupatu Claims (Waikato River) Settlement Bill
Waka Umanga (Māori Corporations) Bill
Wanganui District Council (Prohibition of Gang Insignia) Bill
Whakarewarewa and Roto-a-Tamaheke Vesting Bill

Regulations

Excise and Excise-equivalent Duties (Tobacco Products Indexation) Amendment Order 2008
Securities Act (ASB Group Investments Limited) Exemption Notice 2008
Local Government Elected Members (2008/09) Determination 2008 Amendment Determination (No 2) 2008

 

IN CONSULTATION

Whats New

AGENCY SUBJECT CLOSES ON...
(2008)

Conservation – Dept of

Rakiura/Stewart Island Conservation Management Strategy

Waikato Conservation Management Strategy

11 March


9 January

Land Information NZ Mt Gladstone Tenure Review 17 February
Standards NZ Revision of NZS 3604 for timber-framed houses 12 December
Transport – Min of Review of SH1 – Blenheim to Christchurch 23 January

Whats New

AGENCY SUBJECT CLOSES ON...
(2008)
Accident Compensation Commission & Health – Min of NZ Ambulance Service Strategy 12 December
Biosecurity NZ Draft Import Health Standard for the importation into NZ of Horses from Australia 22 December
Conservation – Dept of New listing of threatened status of New Zealand reptiles and amphibians 28 February
Dunedin CC Coastal Dune Reserves Management Plan 12 December
Economic Dev – Min of Review of Rules of Origin for CED 17 December

Electricity Commission

Issues and Indicative Options for the Spot Market PricingProcess and UTS Provisions

Electricity Governance (Security of Supply) Regulations and AUFLS rule (arrangements for rolling stoppages)

Proposed changes to the System Security Forecast by Transpower

5 February


12 December


12 December

Environment – Min

National Policy Statement for Freshwater Management

National Policy Statement on Urban Design

Draft regulations: stationary energy and industrial processes

To be announced

To be announced

15 December

Fisheries – Min of Treaty strategy – input and participation 31 March
Food Safety  Authority - NZ Inclusion of Porcine in the National Microbiological Database 23 January

Food Standards Australia NZ

Voluntary Addition of Fluoride to Packaged (bottled) Water + Policy Guideline 23 December
Health – Min of Maternity Action Plan 2008–2012 31 December
Health – Min of & Statistics NZ Health Expectancy: Toward Tier 1 official statistic status 31 January
Internal Affairs – Dept of Building Sustainable Urban Communities 29 November
IRD Payments made by parents or guardians of students to state schools - GST treatment 19 December
Land Information NZ Tenure review – Awakino Station Ltd 23 December

Law Commission

Review of the Land Transfer Act 1952

Compensating Crime Victims

19 December  

24 December

Standards NZ

Adoption of AS 3806:2006 Compliance programs

NZS 4218 Energy efficiency - Housing and small buildings

20 January

2 February



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