NEWS ON POLICY AND POLITICS
15 October, 2007


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

A MATTER OF OPINION

Although likely to suffer a setback in the polls as a result of its recent political fumbling, the National party was saved from sustained public scrutiny by revelations of yet another government surplus. more...

IN OTHER NEWS

Energy strategy outlined
The Government this week launched the New Zealand Energy Efficiency and Conservation Strategy. more...

IN PARLIAMENT

Bills Introduced/Awaiting First Reading more...

Bills At Select Committee more...

Open for submissions
Submissions closed

Bills Reported Back/Awaiting Second Reading more...

Bills Not Proceeding more...

Supplementary Order Papers more...

Acts Assented more...

Regulations more...

HEARINGS OF NOTE more...

LEGISLATION IN THE WINGS more...

IN CONSULTATION more...

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What's New
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Current

A MATTER OF OPINION

Although likely to suffer a setback in the polls as a result of its recent political fumbling, the National party was saved from sustained public scrutiny by revelations of yet another government surplus.

Prompting fresh calls for tax cuts and accompanying public irritation at the Finance Minister's apparent proprietary regard for other people's money, the announcement of fiscal plenty could not have been timed better for National.

Nor could the High Court decision to allow the prosecution of former Labour MP, Phillip Field. In a week in which public concern about the performance of National's front bench should have been cemented in the public mind, Labour found itself once again on the back foot. The net result is that any fillip it may receive in the most recent polls may prove fleeting.

But while National may end the week with a relieved sigh, its troubles are far from over.  Wise heads may observe that it's better that the Party's mistakes are made now when lessons can be learned. But those mistakes are far from novel and those responsible for them have been around long enough to know a lot better.  The unfortunate sense that is left is of another shoe waiting to drop.

This will not be lost on Key and the result may be a tactical shift that will give greater exposure to the talent that sits immediately behind National's front row.  Certainly, shadow Attorney-General Chris Finlayson is one who could be heard more from, as could former school principal Alan Peachy and fellow list MP Kate Wilkinson.

Meanwhile, Labour continues to rely on having its eggs in the sustainability basket and the leadership it has shown on climate change and, this week, energy.  Over the short term, it's a strategy that is likely to play well for the government and there can be no doubt that it has managed the theatre of its successive announcements exceptionally well. 

But style cannot substitute for substance over the longer term and the government's policies will come under increasingly critical regard as the hard questions get asked.  Early cracks in the emissions trading scheme have already become evident. Concern has been expressed at the apparent preoccupation of limiting exposures to Kyoto liabilities, rather than bringing about a net reduction in emissions. The absence of any mechanism for government to deal with price spikes or unintended economic consequences of a 'pure' market for emissions units is also giving rise to worry.

Similarly, the week's announcement of government's energy strategy has given rise to concerns over the adequacy and security of supply. Suggestions that government will intervene to ban high energy use products such a plasma televisions - despite setting up the market mechanism to modify consumer choice - are also unlikely to play well with a public that will wonder where all this might lead.

 

IN OTHER NEWS

Energy strategy outlined

The Government this week launched the New Zealand Energy Efficiency and Conservation Strategy.

Highlights include:

  • Up to 180,000 insulation, clean heat or solar hot water upgrades
  • More work to improve the efficiency of appliances to realise cumulative savings worth $2.7 billion for Kiwi consumers by 2025
  • Over $8 million for energy efficiency programmes to improve the competitiveness of business; including the primary production and tourism sectors, and to boost the uptake of wood for heating
  • A new target to improve the fuel economy of vehicles entering the fleet by around 25 per cent, saving 441 million litres of fuel, by 2015
  • Increased emphasis on transport demand management and clear priority given to public transport and walking and cycling.

 

IN PARLIAMENT

Bills Introduced/Awaiting First Reading

Biofuel Bill. Government Bill. Hon David Parker
The Biofuel Bill introduces a new Part 3A of the Energy (Fuels, Levies, and References) Act 1989, so that from next year, suppliers of petrol or diesel must also supply a proportion of biofuels, beginning at 0.53% of a liable “person's” petrol and diesel in 2008 and increasing to 3.40% by 2012.

Land Transport Amendment Bill (No 4) Government Bill. Hon Annette King
The Bill is intended to:

  • enhance the power of police to deal with drug-impaired drivers; and
  • insert a new Part 17, which relates to the registration and licensing of motor vehicles.

Currently, it is difficult to prosecute a person driving under the influence of drugs as the existing offence requires a person to be "incapable" of having proper control of the vehicle.  The new offence proposed in the Bill is committed when a driver is impaired and there is evidence of illegal drugs in the driver's blood.

The objective of the new Part 17 is to establish a regime that protects personal information held on the register of motor vehicles but permits this information to be used for purposes consistent with the purposes of the register and such other purposes as the Minister of Transport may from time to time decide.  Current legislation does not, in general, protect personal information from release.

Public Transport Management Bill: Government Bill. Hon Annette King
The Bill seeks to clarify and extend the functions and powers of regional councils with respect to public transport planning and regulations, and repeals the Transport Services Licensing Act 1989.  The Public Transport Management Bill is intended to give regional councils greater powers over non-contracted services (the Bill calls these commercial public transport services) to help regions get the best value for money while achieving an integrated, responsive and sustainable transport system; to encourage fair competition and an open market for all public transport service providers; and to clarify the role of Regional Public Transport Plans.

Bills At Select Committee

Open For Submissions

Bill Select committee Submissions close Report due
Auckland Regional Amenities Funding Bill Local Government and Environment 5 November 18 March 2008
Broadcasting Amendment Bill Commerce 26 October 5 March 2008
Family Court Matters Bill Social Services 29 October 3 March 2008
Gambling Amendment Bill Government Administration 12 October 21 February 2008
Immigration Bill Transport & Industrial Relations 12 October 15 February 2008
Misuse of Drugs (Classification of BZP) Amendment Bill Health 12 October 15 November
Securities (Local Authority Exemption) Amendment Bill Commerce 2 November 11 March 2008
Statutes Amendment Bill Government Administration 9 November 19 March 2008


Submissions Closed

Bill Select committee Report due
Airport Authorities (Sale to the Crown) Amendment Bill Transport & Industrial Relations Committee

31 October

Arms Amendment Bill (No. 3) Law & Order 30 November
Births, Deaths, Marriages, and Relationships Registration Amendment Bill Govt Administration 31 October
Building Amendment Bill Social Services 5 November
Corrections (Mothers With Babies) Amendment Bill Law & Order 21 November
Criminal Proceeds (Recovery) Bill Law & Order 26 October
Dairy Industry Restructuring Amendment Bill (No 2) Primary Production 31 October
Education (Tertiary Reforms) Amendment Bill Education & Science 8 November
Electoral Finance Bill Justice and Electoral 25 January 2008
Electricity (Disconnection and Low Fixed Charges) Amendment Bill Commerce 7 Februrary 2008
Fisheries Act 1996 Amendment Bill Primary Production 2 November
Limited Partnerships Bill Commerce 3 December
Marine Reserves (Consultation with Stakeholders) Amendment Bill Local Govt & Environment 14 December
Marine Reserves Bill Local Govt & Environment 14 December
Minimum Wage and Remuneration Amendment Bill Transport & Industrial Relations 12 October
New Zealand Geographic Board (Nga Pou Taunaha o Aotearoa) Bill Govt Admin 7 February 2008
Overseas Investment (Queen's Chain Extension) Amendment Bill Local Government & Environment 14 December
Regulatory Responsibility Bill Commerce 16 January 2008
Resource Management (Climate Protection) Amendment Bill Local Government & Environment 1 November
Sale of Liquor (Youth Alcohol Harm Reduction) Amendment Bill
Law & Order 20 October
Social Assistance (Debt Prevention and Minimisation) Amendment Bill Social Services 7 February 2008
Taxation (Annual Rates, Business Taxation, Kiwisaver and Remedial Matters) Bill Finance & Expenditure 16 November
Treaty of Waitangi (Removal of Conflict of Interest) Amendment Bill Justice & Electoral 16 January 2008
Waste Minimisation (Solids) Bill Local Govt & Environment 31 October
Young Offenders (Serious Crimes) Bill Law & Order 30 November

Bills Reported Back/Awaiting Second Reading

Human Tissue Bill
Terrorism Suppression Amendment Bill

Bills Not Proceeding

Principles of the Treaty of Waitangi Deletion Bill

Supplementary Order Papers

SOP 150: Waste Minimisation (Solids) Bill
Member in charge: Hon David Parker
Type: Substantive amendment

This SOP significantly amends the Waste Minimisation (Solids) Bill, including renaming it to the Waste Minimisation and Resource Recovery Bill.  Originally a Member's Bill (sponsored by Nandor Tanczos), the SOP will convert the Bill to a Government Bill developed by the Ministry for the Environment  in conjunction with the Green Party.  The SOP removes the provisions relating to the Waste Minimisation Authority, waste control authorities, organisational waste minimisation plans, the public procurement policy and public organisation reporting.  It introduces a new purpose provision and amendments to the definitions in the Bill.  The resulting Bill provides a high level of discretion to the Minister for the Environment and provides for regulation across a range of matters, including priority products (to be subject to a stewardship regime) and waste levies.

The SOP will omit Parts 2 to 10 and substitute new Parts 2 to 7 to the Bill:

  • Part 2 - identifies priority products, and requires a product stewardship scheme to be developed and accredited for them.  Also, under this Part it provides for voluntary product stewardship schemes to be accredited for products that are not priority products.
  • Part 3 - imposes a levy on waste disposed at a disposal facility.  The operator of the facility must pay the levy.  Once the levy money is collected, and any required refunds have been made, half of the levy money is shared between territorial authorities on the basis of each district's population.
  • Part 4 - transfers into the Bill the provisions relating to territorial authorities and waste management that are currently contained in Part 31 of the Local Government Act 1974.
  • Part 5- relates to offences against the Act and any bylaws made by the territorial authorities under new Part 4, and enforcement powers.
  • Part 6 - authorises the making of regulations requiring certain persons to keep specified information and provide it to the Secretary (and an appointed levy collector, in some cases).  Also Part 6 provides for auditors to be appointed to audit certain facilities or persons for specific purposes.
  • Part 7 - establishes the Waste Advisory Board, specifies how members are appointed, and deals with related matters.

The Bill and the SOP are currently before the Local Government and Environment Select Committee for consideration.  The Committee has sought written submissions from those who presented submissions on the original Bill. These are due by 31 October.

SOP 147: Health (Drinking Water) Amendment Bill
Member in charge: Hon Pete Hodgson
Type: Substantive amendment

This SOP amends the Health (Drinking Water) Amendment Bill to:

  • clarify that a drinking water supplier who supplies drinking water from a supply smaller than a neighborhood drinking water supply and who is not a water carrier is not subject to new sections 69S to 69ZC of the Health Act 1956; and
  • to correct minor errors.

Acts Assented

Animal Products Amendment Act 2007
Armed Forces Discipline Amendment Act 2007
Aviation Crimes Amendment Act 2007
Biosecurity Amendment Act 2007
Broadcasting Amendment Act 2007
Building Societies Amendment Act 200
Care of Children Amendment Act 2007
Charitable Trusts Amendment Act 2007
Children, Young Persons, and Their Families Amendment Act 2007
Civil Aviation Amendment Act 2007
Civil Union Amendment Act 2007
Companies Amendment Act 2007
Cook Islands Amendment Act 2007
Corporations (Investigation and Management) Amendment Act 2007
Defence Amendment Act 2007
Education Amendment Act 2007
Electricity Amendment Act 2007
Energy (Fuels, Levies, and References) Amendment Act 2007
Engineering Associates Amendment Act 2007
Family Courts Amendment Act 2007
Fencing of Swimming Pools Amendment Act 2007
Films, Videos, and Publications Classification Amendment Act 2007
Friendly Societies and Credit Unions Amendment Act (No 2) 2007
Gas Amendment Act (No 2) 2007
Hazardous Substances and New Organisms Amendment Act 2007,
Health and Disability Commissioner Amendment Act 2007
Human Assisted Reproductive Technology Amendment Act 2007
Human Rights Amendment Act 2007
Industrial and Provident Societies Amendment Act 2007
International Finance Agreements Amendment Act 2007
Land Transport Amendment Act (No 3) 2007
Lawyers and Conveyancers Amendment Act 2007
Legal Services Amendment Act (No 3) 2007
Local Government Act 2002 Amendment Act 2007
New Zealand Superannuation and Retirement Income Amendment Act (No 2) 2007
Niue Amendment Act 2007
Personal Property Securities Amendment Act (No 2) 2007
Privacy Amendment Act (No 2) 2007
Protection of Personal and Property Rights Amendment Act 2007
Racing Amendment Act (No 2) 2007
Radiocommunications Amendment Act (No 3) 2007
Reserve Bank of New Zealand Amendment Act (No 2) 2007
Retirement Villages Amendment Bill (No 2) 2007
Securities Amendment Bill (No 2) 2007
Securities Transfer Amendment Bill 2007
Social Welfare (Transitional Provisions) Amendment Bill 2007
State Sector Amendment Bill 2007
Status of Children Amendment Bill 2007
Tokelau Amendment Bill 2007
Trade in Endangered Species Amendment Bill 2007
Volunteers Employment Protection Amendment Bill 2007

Regulations

Building (Registration of Building Consent Authorities) Regulations 2007
Building Practitioners (Licensing Fees and Levy) Regulations 2007
Companies (Voluntary Administration) Regulations 2007
Companies Amendment Act 2006 Commencement Order 2007
Criminal Proceedings (Enforcement of Fines) Amendment Rules 2007
Customs Import Prohibition (Trout) Order 2007
Fisheries (Interim and Annual Deemed Values) Amendment Notice (No 2) 2007
Fisheries (Quota Management Areas, Total Allowable Catches, and Catch Histories) Amendment Notice 2007
Fisheries (Remaining Cost Recovery Settlement Balance) Notice (No 2) 2007
Fisheries (Total Allowable Catches) Notices Amendment Notice 2007
Food (Safety) Amendment Regulations 2007
Local Government (Auckland) Amendment Act Order 2007
Lotto Amendment Rules 2007
Major Events Management (Rugby World Cup 2011) Order 2007
New Zealand Teachers Council (Competence) Rules 2007
New Zealand Teachers Council (Conduct) Amendment Rules 2007
Securities Act (Assure New Zealand Limited) Exemption Amendment Notice 2007
Securities Act (Group Investment Index Funds) Exemption Amendment Notice 2007
Securities Act (Independent News & Media PLC) Exemption Amendment Notice 2007
Securities Act (Marlin Global Limited) Exemption Notice 2007
Securities Act (Real Property Proportionate Ownership Schemes) Exemption Amendment Notice 2007
Securities Act (Rights, Options, and Convertible Securities) Exemption Amendment Notice 2007
Sentencing Council Act 2007 Commencement Order 2007
Summary Proceedings Amendment Regulations 2007
Takeovers Code (Eastern Bay Energy Trust) Exemption Notice 2007
Telecommunications (Operational Separation) Determination 2007

 

HEARINGS OF NOTE

The Commerce Select Committee will begin its consideration of the Limited Partnerships Bill this week.  This Bill proposes to establish a new regulatory regime for limited partnerships, allowing for more flexible business relationships and aligning New Zealand with similar international business structures.  It is hoped that the Bill will facilitate development of the venture capital industry in New Zealand.

 

LEGISLATION IN THE WINGS

Subordinate Legislation
Cabinet has approved the introduction of the Subordinate Legislation (Confirmation and Validation) Bill.

New Public Health Act
The Ministry of Health has published a paper on the proposed new structure of legislation governing the health sector.  The new Public Health Bill will repeal the outdated Public Health Act 1956 and the Tuberculosis Act 1948.

 

IN CONSULTATION

What's New

RELEASED BY ... ISSUE SUBMISSIONS CLOSE ON...
(2007)
Commerce Commission

Draft Decisions and Reasons for Not Declaring
Control & Draft Decision on Resetting
Transpower’s Thresholds

Draft Decisions Relating to the Authorisation for supply of the controlled gas distribution services of Powerco and Vector

9 November (30 November for cross subs)

12 November
Education, Min of

Becoming a Teacher in the 21st Century

26 October

Electricity Commission

Review of Reserve Energy Policy

Information System Definition Review

North Auckland and Northland proposal

15 October

19 October

26 October
Food Standards Australia NZ

Food additive for wine

Genetically modified rice

14 November

14 November
Land Transport NZ Guideline for dispensing with a survey under section 167 of the Land Transfer Act 1952

19 October

Standards NZ Fire hydrant systems for buildings 26 November



Current

RELEASED BY... ISSUE SUBMISSIONS CLOSE ON...
Conservation, Dept of

Draft Hector's and Maui's dolphin Threat Management Plan

Westland Tai Poutini National Park Management Plan Amendment

Seal lion Population Management Plan;

Species Management Plan

24 October


26 October


29 October

29 October
Economic Development, Ministry of

Bioprospecting - Harnessing Benefits for NZ: A Policy Framework Discussion

Fixed wireless access: allocation of Crown-retained spectrum at 3.5 GHz

12 October


12 October

Education, Min of Ka Hikitia - Managing for Success: The draft Māori Education Strategy 2008-2012 31 October
Electricity Commission

Load management and value pricing

Model use of system agreements

Reconciliation participant and distributor auditor guidelines

26 October

26 October

2 November
Fisheries, Min of

Letter to Interested Parties (Kaimoana regulations for North Island); Kaimoana Regulatory Impact Statement

23 November

Health, Min of

Mental Health and Addictions

Regulation of the Professions of Speech-Language Therapy and Clinical Physiology

12 October

3 December

IRD Emissions Trading Tax Issues 28 October (Forestry); and 30 November (remaining sectors)
Land Information NZ Standard for verification of identity for registration under the Land Transfer Act 1952 17 October
Law Commission

Public Registers Issues Paper

Presentation of New Zealand Statute Law

5 November

12 November
Standards NZ Acoustics - Measurement of Environmental Sound; Acoustics - Assessment of Environmental Noise 14 November

 


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