NEWS ON POLICY AND POLITICS
16 August, 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

The Best Form of Defence?
Having failed to recapture its political momentum with the public, Labour has decided to attack National not at its weakest point, but at its strongest - John Key. more...

PM Admits Election Spending Bill Goes Too Far
Foreseeing the prospect of having to defend what lobby groups will paint as an assault on free speech, the Prime Minister has conceded the Labour Party's proposals to tighten election advertising and campaigning rules may have gone too far. more...

Rating Inquiry Report
The report of an independent inquiry into rates has been delivered to Ministers. more...

IN PARLIAMENT

Bills Introduced more...

Before Select Committee

Open for submissions more...
Submissions closed more...

Bills Reported Back /Awaiting Second Reading more...

Supplementary Order Papers more...

Bills Passed 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

The Best Form of Defence?

Having failed to recapture its political momentum with the public, Labour has decided to attack National not at its weakest point, but at its strongest - John Key. Recognising that National's front rank is still building its political credentials, the hope is that a well-aimed assault on Key will demoralise National's backbench and shatter the unaccustomed unity that the Party has shown since his accession to the leadership.

It's an ambitious tactic that some may see as a last throw of the political dice. At best, it will only buy Labour time while National's forces regroup.

But time is what Labour needs most. The challenge of repairing its public image is still before it, as is the need to bed in some genuinely fresh faces at the Cabinet table. Also outstanding is the need to deliver in some tangible way on the 'sustainability thing' and the grab-bag of policy objectives that attend it.

Of course timing is everything. As the last election showed, the chance (or shrewd design) that enabled Labour to catch the public just at the point where the trend lines were shifting finally in National's favour, was decisive. The hope must be that it can bring about a sufficient swing in political mood to achieve the same thing again and, if last week's performance in the House is any indication, it is determined upon it.

The unstated difficulty in all this is that John Key is no easy mark. Already, he has earned a reputation for never making the same mistake twice and having taken a hit last Tuesday, last Wednesday saw him come back swinging. Labour will continue to try to undermine his credibility as a potential Prime Minster, but it has probably had the only completely free strike that it's going to get.

PM Admits Election Spending Bill Goes Too Far

Foreseeing the prospect of having to defend what lobby groups will paint as an assault on free speech, the Prime Minister has conceded the Labour Party's proposals to tighten election advertising and campaigning rules may have gone too far. She has not been clear about how the Bill has transgressed and in what way. However, what is clear is that she has picked up misgivings on the part of the electorate, which can be relied upon to look beyond the extreme case of the Brethren to the central issue.

The responsible Minister, Hon Mark Burton, has been more sanguine. Taking the opportunity to remind the public of National's purported links to the Brethren, he has welcomed Winston Peters' obliging reference to National's financial relationship with noted business interests. The tactic, it seems, will be for the PM to reflect the rational view, leaving it to her Minister to use the Bill as an excuse to savage the Opposition.

It is a dangerous approach. Although it has its immediate uses it has longer term potential to expose Labour to a serious attack on its purportedly liberal credentials. The Prime Minister's more measured commentary is unlikely to be a sufficient prophylactic.

Rating Inquiry Report

The report of an independent inquiry into rates has been delivered to Ministers, but will not be released for another fortnight. The delay has been attributed to the absence overseas of inquiry chairman, David Shand.

Whilst rates relief should not be expected an extension of the rates rebate scheme and a relaxation of rules on local body debt raising are on the cards.

 

IN PARLIAMENT

Bills Introduced

Gambling Amendment Bill (No 2) - Government Bill. Hon Rick Barker
This Bill contains several policy and technical amendments to allow the Gambling Act 2003 to operate as originally intended.

Immigration Bill - Government Bill. Hon David Cunliffe
This Bill is intended to reform the immigration legislation so that the government can:

  • Facilitate the entry and stay of the people New Zealand wants and needs; and
  • Manage immigration risks in a fair and balanced way.

This reform aims to modernise, simplify, and overall make the immigration system a more robust and accountable system. Among the interests and needs the Bill seeks to balance are those of:

  • The New Zealand workforce, through the facilitation of access to skills and labour and thereby output, productivity and economic transformation;
  • National security;
  • The settlement of immigrants, refugees and protected persons;
  • New Zealand's international obligations;
  • The integrity of the immigration system; and National identity.

The Bill prescribes minimum standards in the areas of international protection, deportation, appeals, compliance and enforcement.  Provision is made for a single appeals system and the capacity to detain for up to 96 hours without warrant of commitment.

Significantly, the Bill provides for the collection of biometric information from people presenting at the Border as New Zealand citizens, for the purported purposes of ensuring that they are who they say they are. That information will not be retained where identities are properly confirmed.

Limited Partnerships Bill .Government Bill. Hon Lianne Dalziel
The purpose of this Bill is to establish a new regulatory and tax regime in New Zealand for limited partnerships and comprises a number of parts.  Limited partnerships are an internationally preferred structure for investing in venture capital.

Bills Before Select Committee

New Zealand Geographic Board (Ngā Pou Taunaha o Aotearoa) Bill (referred to Government Administration committee)

Electricity (Disconnection and Low Fixed Charges) Amendment Bill (referred to Commerce committee)

Building Amendment Bill (referred to Social Services committee)

Social Assistance, Debt Prevention and Minimisation Amendment Bill (referred to Social Services committee)

Open For Submissions

Bill Select committee Submissions close Report due
Building Amendment Bill Social Services 3 September 5 November
Electoral Finance Bill Justice and Electoral 7 September 25 January 2008
Electricity (Disconnection and Low Fixed Charges) Commerce Submissions not called 7 February 2008
New Zealand Geographic Board (Ngā Pou Taunaha o Aotearoa) Bill Govt Admin 21 September 7 February 2008
Porirua City Council (Pauatahanui Burial Ground) Bill
Local Government and Environment 3 September 16 January 2008
Social Assistance (Debt Prevention and Minimisation) Amendment Bill Social Services 24 September 7 February 2008


Submissions Closed

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

31 October

Animal Welfare (Restriction on Docking of Dogs’ Tails) Bill Govt Administration 14 December
Armed Forces Law Reform Bill Foreign Affairs, Defence & Trade 14 September
Arms Amendment Bill (No. 3) Law & Order 28 September
Births, Deaths, Marriages, and Relationships Registration Amendment Bill Govt Administration 31 October
Corrections (Mothers With Babies) Amendment Bill* Law & Order 21 November
Crimes (Repeal of Seditious Offences) Amendment Bill Justice & Electoral 18 December
Criminal Proceeds (Recovery) Bill Law & Order 19 September
Education (Tertiary Reforms) Amendment Bill Education & Science 8 November
Farmers' Mutual Group Bill Primary Production 12 December
Fisheries Act 1996 Amendment Bill Primary Production 31 August
Human Tissue Bill Health 31 August
Human Tissue (Organ Donation) Amendment Bill Health 31 August
International Finance Agreements Amendment Bill Foreign Affairs, Defence and Trade 8 November
Marine Reserves (Consultation with Stakeholders) Amendment Bill Local Govt & Environment 31 August
Marine Reserves Bill Local Govt & Environment 31 August
Minimum Wage and Remuneration Amendment Bill Transport & Industrial Relations 11 September
NZ Bill of Rights (Private Property Rights) Amendment Bill
Justice & Electoral 28 September
Overseas Investment (Queen's Chain Extension) Amendment Bill Local Government & Environment 24 August
Palmerston North Reserves Empowering Amendment Bill Local Government & Environment 27 September
Principles of the Treaty of Waitangi Deletion Bill Justice & Electoral 21 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
Sex Offenders Registry Bill Justice & Electoral 31 August
Statutes Amendment Bill Govt Administration 31 October
Taxation (Annual Rates, Business Taxation, Kiwisaver and Remedial Matters) Bill Finance & Expenditure 16 November
Terrorism Suppression Amendment Bill Foreign Affairs, Defence & Trade 28 September
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 28 September

Bills Reported Back / Awaiting Second Reading

Copyright (New Technologies and Performers' Rights) Amendment Bill
Employment Relations (Flexible Working Hours) Amendment Bill
Health (Drinking Water) Amendment Bill

Supplementary Order Papers

SOP 132: Wills Bill Hon Clayton Cosgrove. Substantive Amendment

This SOP amends the Wills Bill to remove a consequential amendment to the Evidence Amendment Act (No 2) 1980. 

SOP 133: Weathertight Homes Resolution Services (Remedies) Amendment Bill. Hon Clayton Cosgrove. Substantive Amendment

This SOP makes amendments intended to:

  • Convert the Bill into an omnibus Bill that amends not only the Weathertight Homes Resolution Services Act 2006, but also the Building Act 2004; and
  • Insert a new Part 3 that amends the Building Act 2004.

SOP 134: Weathertight Homes Resolution Services (Remedies) Amendment Bill Hon Clayton Cosgrove. Substantive Amendment

This SOP proposes to divide the Weathertight Homes Resolution Services (Remedies) Amendment Bill into the following two Bills:

  • Weathertight Homes Resolution Services (Remedies) Amendment Bill; and
  • Building (Consent Authorities) Amendment Bill

SOP 135: Mental Health Commission Amendment Bill Hon Pete Hodgson. Substantive Amendment

This SOP amends the Mental Health Commission Amendment Bill by omitting clause 9(2) and inserting a new clause 9(2) and (2A).  The effect of the amendment is that:

  • The transitional arrangement for the term of office of a member of the Commission holding office when the Bill comes into force will be whichever is the shorter of 6 months after that commencement, and a term that is determined by the Minister (see clause 9(2)); and
  • The transitional limit in new clause 9(2) does not prevent the reappointment of a member of a Commission to whom that clause applies (see new clause 9(2A)).

Bills Passed

Mental Health Commission Amendment Bill

Acts Assented

Sentencing Council Act 2007
Bail Amendment Act 2007
Sentencing Amendment Act 2007
Parole Amendment Act 2007
Prisoner's and Victim's Claims Amendment Act 2007

Regulations

Takeovers Code (Pharmacy brands Limited) Exemption Notice 2007
Commodity Levies (Mussel, Oyster, and Salmon) Order 2007
Medicines (Related Products (Exempted Foods)) Amendment Regulations 2007
Telecommunications (Civil Infringement Notice) Regulations 2007
Cadastral Survey (Compulsory Lodgement of Digital Cadastral Survey Datasets) Order 2007
Land Transfer Amendment Regulations 2007
Land Information New Zealand (Fees and Charges) Amendment Regulations 2007
Cadastral Survey (Fees) Amendment Regulations 2007
Electricity Governance (Connection of Distributed Generation) Regulations 2007

 

HEARINGS OF NOTE

The Transport and Industrial Relations select committee has continued to consider the Airport Authority (Sale to the Crown) Amendment Bill submissions.

 

LEGISLATION IN THE WINGS

Dairy Industry Restructuring
A new bill dealing with export restrictions and licenses in regulated dairy export markets has been approved by Cabinet for introduction this week.

Broadcasting Amendments
Broadcasting legislation is to be modernised with respect to funding bodies, NZ on Air and Te Manage Pahoa.  A new Bill has been approved by Cabinet for introduction.

Patents Bill
Cabinet has signed off on drafting instructions for a new Patents bill which will amend the 1953 legislation.

Maori Trustee Amendments
Legislation has been drafted to overhaul the 1953 Maori Trustees Act, and is expected to be introduced before the end of the year.

New Organised Crime Legislation
The Prime Minister has recently confirmed to the media that the Government has a package of legislative amendments being developed to amend the Crimes and Sentencing Acts with respect to getting tough on organised crime.

Forfeiture under Customs and Excise Act
Following a major Law Commission report on this subject last year, a new Bill is expected to be introduced before the end of the year.

The Prime Minister also telegraphed the introduction of the Trustee Amendment Bill based on Law Commission’s report of the subject, the Bio-Fuels Bill and the Food Bill.

Policy decisions have also been taken in respect of the Corrections Act with an amendment Bill to be introduced this year.

 

IN CONSULTATION

What's New

AGENCY ISSUE SUBMISSIONS CLOSE ON...
(2007)
Building and Housing, Dept of Building Code Review 2007 28 September
Commerce Commission Report on whether to amend the roaming and co-location services or to accept Vodafone’s undertaking 31 August
Economic Development, Min of Improving regulation of environmental effects in NZ’s Exclusive Economic Zone 30 September
Electricity Commission Disclosure of risk management contract information 21 September
Food Standards Australia NZ Asparaginase as a processing aid; Use of nisin in processed meat products; Food derived from glyphosate-tolerant soybean MON 89788; Agarose ion-exchange resin as a processing aid for beer 19 September
Health, Min of Review of the Health and Disability Services (Safety) Act 2001 21 September
IRD GST - apportioning supplies 30 September
Land Transport NZ Draft Land Transport Rule: Omnibus Amendment 2007 14 September
NZ Food Safety Authority Dairy Quota Regulated Control Scheme 31 August
Standards NZ

Glazing in public buildings - Part 1; and Glazing - Part 4 (weather conditions)

14 September



Current

RELEASED BY... ISSUE SUBMISSIONS CLOSE ON...
ANZ Therapeutic Products Authority

Proposed Medicine Label Statements

18 August

Conservation, Dept of

Doubtful Sound Bottlenose Dolphin - Threat Management

Draft West Coast Te Tai o Poutini Conservation Management Strategy

5 September


5 October

Economic Development, Ministry of

ioprospecting - Harnessing Benefits for NZ: A Policy Framework Discussion

12 October

Electricity Commission

The calculation of loss factors and the use of loss factors for reconciliation purposes

Demand-side Bidding and Forecasting

17 August


3 September

Fisheries, Ministry of

Nets in the Kaipara Harbour; Recreational Scallop season in Fisheries Management Area 9; Surf Clam Dredge size; Review of the Regulations relating to Fishing Interactions with Marine Turtles; Container Type Reporting for Schedule Six Discards; Paddle Crab: Allowing for Return to Sea; Deepwater Crabs on Schedule Six of the Fisheries Act 1996

Marine Protected Areas Policy and Implementation Plan; MPA Protection Standard and Classification System
(joint consultation with Dept of Conservation)

Brown Bullhead Catfish - Code of Practice

24 August





 

31 August

31 August

Health, Min of

Advice on Aspects of Assisted Reproductive Technology: A Consultation Paper on Policy Issues

Food and Nutrition Guidelines for Healthy Infants and Toddlers

17 August


4 September

IRD Retirement Villages - GST Treatment 31 August
Social Development, Ministry of Carers' Strategy for NZ 14 September
Standards NZ

Health and Disability Services (Core) Standard; Health and Disability Service (Restraint) Standard; Health and Disability Services (Infection Control) Standard

Heavy Vehicle Towing Connections - Drawbar Trailers

21 August




3 September

Transit NZ North Nelson to Brightwater Corridor Study
17 August

 


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Ph 04 495 7532
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