NEWS ON POLICY AND POLITICS
17 July, 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

IN THE SPOTLIGHT

Sheeting home the costs and benefits of climate change policy
Drawing on the precedents offered by the wholesale personal injury awards against tobacco companies and asbestos manufacturers, Greenpeace has served legal notice on 20 New Zealand companies, holding them liable for their contribution to the damage and costs of climate change. more...

IN PARLIAMENT

Bills Introduced more...

Before Select Committee

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

Bills Reported Back/Awaiting Second Reading more...

Bills Passed Second Reading more...

Supplementary Order Papers more...

Acts Assented more...

Regulations more...

HEARINGS OF NOTE more...

IN CONSULTATION more...

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What's New
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Current

IN POLITICS

Sheeting home the costs and benefits of climate change policy

Drawing on the precedents offered by the wholesale personal injury awards against tobacco companies and asbestos manufacturers, Greenpeace has served legal notice on 20 New Zealand companies, holding them liable for their contribution to the damage and costs of climate change.

Though the legal effect of the move is unclear, the political impact is real, and Greenpeace's actions have raised the ante for corporates already grappling with the possible implications of climate change policies and the practicalities of the forthcoming emissions trading regime.

It is not just "big business" that is having to respond to the realpolitik of climate change. The "greening" of the public conscience means that government also needs to be seen to be doing something. Climate change will be a major driver of government activity for the foreseeable future.

The introduction of a "cap and trade" scheme for emissions has already been telegraphed as one of the key measures. This will involve setting limits on the level of emissions permitted by a particular sector, and controlling the right to emit through a system of tradable permits.

It is an initiative that has cross-party support and it can be fairly assumed that government will pursue a scheme that eventually covers all sectors of the economy and all greenhouse gases. The possibility that different sectors will be phased into the cap and trade scheme at different times has been foreshadowed, subject to considerations such as the maintenance of New Zealand's international competitiveness.

Which sectors will have their excess emissions priced first will be one to watch. The Sustainability Council, which recently released a report criticising the government's position on agricultural greenhouse gas emissions, has said that agriculture should be the first, not the last sector, to have emissions priced.

The government's proposed timeline will see decisions being made by Cabinet on this as well as the reach and shape of any emissions trading scheme in the next two months. Legislation will be introduced into Parliament by October and the new scheme will be up and running by mid 2008.

Whilst there may be concerns at the possible haste with which government is proceeding, the economic opportunities of the scheme will be as real as the potential costs. It is an up-side of climate change policies that is reflected also in the announcement last week of six pilot projects to store carbon on DOC land. These will involve the issue of tenders to commercial investors. As with the emissions trading scheme, details are yet to emerge, but the potential is encouraging.

But with the green lobby making practised recourse to grass-roots campaigning and hard-won political leverage, it is also clear that while there may be opportunity, corporates also face real if hitherto unanticipated risks from speculative public interest litigation. The action taken by Greenpeace may be doubtful as matters stand today, but the twin variables of judicial activism and public sentiment may well mean some surprises ahead.

 

IN PARLIAMENT

Bills Introduced

No new Bills

Before Select Committee

The Porirua City Council (Pauatahanui Burial Ground) Bill has passed its first reading and been sent to the Local Government and Environment Committee.

The Treaty of Waitangi (Removal of Conflict of Interest) Amendment Bill was referred to the Justice and Electoral Committee.

The Regulatory Responsibility Bill was referred to the Commerce Committee.

Open For Submissions

Bill Select committee Submissions close Report due
Regulatory Responsibility Bill Commerce 10  August 16 January 2008
Porirua City Council (Pauatahanui Burial Ground) Bill
Local Government and Environment Submissions not called 16 January 2008
Treaty of Waitangi (Removal of Conflict of Interest) Amendment Bill Justice and Electoral Reform 10 August 16 January 2008


Submissions Closed

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

31 August

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
Copyright (New Technologies and Performers' Rights) Amendment Bill Commerce 25 July
Corrections (Mothers With Babies) Amendment Bill* Law & Order 21 November
Criminal Proceeds (Recovery) Bill Law & Order 19 September
Education (Tertiary Reforms) Amendment Bill Education & Science 8 November
Employment Relations (Flexible Working Hours) Amendment Bill (set aside for one year from 24 March 06 for further research) Transport & Industrial Relations 31 July
Farmers' Mutual Group Bill Primary Production 12 December
Fisheries Act 1996 Amendment Bill Primary Production 31 August
Health (Drinking Water) Amendment Bill Health 6 August
Human Tissue Bill Health 31 July
Human Tissue (Organ Donation) Amendment Bill Health 31 July
Income Tax Bill Finance & Expenditure 16 July
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 31 July
NZ Bill of Rights (Private Property Rights) Amendment Bill
Justice & Electoral 28 September
Official Information (Openness of District Health Boards New Zealand) Amendment Bill Health 31 July
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
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
Terrorism Suppression Amendment Bill Foreign Affairs, Defence & Trade 28 September
Waste Minimisation (Solids) Bill Local Govt & Environment 31 October
Young Offenders (Serious Crimes) Bill Law & Order 28 September

Bills Reported Back / Awaiting Second Reading

Aviation Security Legislation Bill
Building (Late Consent is a Free Consent) Amendment Bill
Minimum Wage (Abolition of Age Discrimination) Amendment Bill
Property Law Bill

Bills Passed Second Reading

Manukau City Council (Control of Graffiti) Bill

Supplementary Order Papers

SOP 121: Criminal Justice Reform Bill
Member in Charge: Hon Mark Burton
Type: Substantive amendment

This SOP reinserts subpart 4 of Part 2 of the Bill. These clauses amend the Prisoners' and Victims' Claims Act 2005 to defer the date of the sunset clause relating to prisoners' compensation payments and victims' claims from 30 June 2007 to 1 July 2010.

Clause 2 of the Bill is also amended to allow this subpart to come into force on the day after the Bill receives the Royal Assent rather than by Order in Council.

SOP 122: Criminal Justice Reform Bill
Member in Charge: Hon Mark Burton
Type: Substantive amendment

This SOP makes various amendments to the Criminal Justice Reform Bill. The amendments to Parts 1 and 2 of the Bill are to clarify certain provisions and to ensure consistency and accuracy. Other amendments relate to the consequential amendments set out in Schedule 3 of the Bill and are of a minor and technical nature.

SOP 123: Criminal Justice Reform Bill
Member in Charge: Hon Mark Burton
Type: Motion to divide Bill

This SOP divides the Criminal Justice Reform Bill into five Bills:

  • Prisoners' and Victims' Claims Amendment Bill
  • Sentencing Council Bill
  • Bail Amendment Bill
  • Parole Amendment Bill
  • Assume the fifth bill is the Criminal Justice reform bill - there are only four listed so I'm guessing the fifth one stays also? In the following one you repeat Criminal Justice Reform Bill so this is a little confusing

SOP 125: Criminal Justice Reform Bill
Other Member: Simon Power
Type: Motion to divide Bill

This SOP divides the Criminal Justice Reform Bill into the following two Bills:

  • Sentencing Council Enactment Bill
  • Criminal Justice Reform Bill

SOP 126: Criminal Justice Reform Bill
Other Member: Christopher Finlayson
Type: Substantive amendment

This SOP ensures that the Sentencing Council is a creature of the judiciary. Clauses 9 and 10 of the Bill have been amended to make the focus of the Council solely the production of sentencing guidelines (relating to sentencing principles and sentencing levels) to enable consistency in practice between different courts and judges.

This SOP also makes a change to Part 2 of the Bill. It amends clause 40 to ensure that s21A of the Sentencing Act 2002 recognises that any sentencing guidelines should not be robotically applied during sentencing but instead should be considered alongside the law, the facts of the particular case and other relevant information.

The SOP also removes the Sentencing Council from scrutiny under the Official Information Act 1982 and the Public Finance Act 1989, by omitting Schedule 2.

Acts Assented

Appropriation (2006/07 Supplementary Estimates) Act 2007
Evidence Amendment Act 2007
Imprest Supply (First for 2007/08) Act 2007
Social Security Amendment Act 2007
State-Owned Enterprises (AgriQuality Limited and Asure New Zealand Limited) Act 2007

Regulations

Taupo District Trout Fishery Licences, Fees, and Forms Notice 2007
Financial Reporting Act (Overseas Issuers---United States of America) Exemption Notice 2007
Local Government Elected Members Determination 2007
Fisheries (Remaining Cost Recovery Settlement Balance) Notice 2007
Public Finance (Transfers Between Outputs) Order 2007
Fisheries (Amalgamation of Quota Management Areas) Order 2007
Fisheries (Reporting) Amendment Regulations (No 3) 2007
Social Security (Temporary Additional Support) Amendment Regulations (No 3) 2007
Social Security (Transitional Protection Supplement) Regulations 2007
Immigration Amendment Regulations (No 3) 2007
Corrections Prison (Spring Hill Corrections Facility) Notice 2007
Agricultural Compounds and Veterinary Medicines Amendment Regulations 2007
Land Transport (Assessment Centre and Accident Report Fees) Amendment Regulations 2007
Medicines (Designated Prescriber: Optometrists) Amendment Regulations 2007
Community Magistrates (Remuneration and Allowances) Amendment Order 2007
New Zealand Daylight Time Order 2007
Hazardous Substances (Fireworks) Amendment Regulations 2007
Takeovers Code (Sealegs Corporation Limited) Exemption Notice 2007
Takeovers Code (Kidicorp Group Limited) Exemption Notice 2007
Commodity Levies (Avocados) Order 2007
Evidence Act 2006 Commencement Order 2007
Ombudsmen Act (Schedule 1) Order (No 2) 2007
Corrections Amendment Regulations (No 2) 2007

 

HEARINGS OF NOTE

Most select committees have been busy considering Budget 2007/08 Estimates for each portfolio.

The Finance and Expenditure select committee will begin its consideration of the Taxation (Annual Rates, Business Taxation, KiwiSaver, and Remedial Matters) Bill this coming week.

The Justice and Electoral select committee has heard further evidence on the Evidence Amendment Bill, and has further considered the Property Law Bill and the Principles of the Treaty of Waitangi Deletion Bill.  It will also consider the Treaty of Waitangi (Removal of Conflict of Interest) Amendment Bill this coming week.

The Transport and Industrial Relations select committee has further considered the Aviation Security Legislation Bill, the Minimum Wage (Abolition of Age Discrimination) Bill, and the Minimum Wage Remuneration Amendment Bill.

 

IN CONSULTATION

What's New

AGENCY ISSUE SUBMISSIONS CLOSE ON...
(2007)
ANZ Therapeutic Products Authority

Proposed Medicine Label Statements

18 August

Commerce Commission Unbundled local loop and co-location regulated services 26 July
Consumer Affairs, Min of Proposed Implementation of Mandatory Water Efficiency Labelling 10 August
Economic Development, Min of

Bioprospecting - Harnessing Benefits for NZ: A Policy Framework Discussion

12 October

Electricity Commission

System Operator 2007 Draft Procurement Plan

Advanced metering

Demand-side Bidding and Forecasting

25 July

3 August

3 September
Fisheries, Min of

Coromandel scallop fishery in-season Total Allowable Catch review

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

23 July


24 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

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



Current

RELEASED BY... ISSUE SUBMISSIONS CLOSE ON...
Australia NZ Therapeutic Products Authority

Draft Standard for the Uniform Scheduling of Medicines and Poisons;

Draft Scheduling Policy Framework

25 July


25 July

Building & Housing, Dept of Energy efficiency of buildings (domestic hot water and commercial heating, ventilating and air-conditioning systems)
29 July
Economic Development, Ministry of

Review of the Clearance and Authorisation Provisions under the Commerce Act 1986

Proposed National Environmental Standards for Telecommunications Facilities

10 August


10 August


Environment, Ministry for the National Policy Statement on Electricity Transmission 25 July
Fisheries, Ministry of

Review of Sustainability Measures and Other Management Controls for the 2007-08 Fishing Year

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

27 July


31 August

Health, Min of

A Career Framework for the Health and Disability Workforce

31 July

Land Information NZ Standard for New Zealand Geodetic Datum 2000; Standard for New Zealand Geodetic Datum 2000 Projections; Standard for Ross Sea Region Geodetic Datum 2000 30 July
Land Tansport NZ Manual of Traffic Signs and Markings
27 July
Law Commission / TPK Waka Umanga (Maori Corporations) Bill (consultation) 31 July
NZ Qualifications Authority Good Practice Guidelines for the Moderation of Standards Based Assessment 25 July
Police, NZ Policing Directions for the 21st Century 31 July
Social Development, Min of

Out of School Services
(joint consultation with Families Commission)

22 July
Standards NZ

Electrical Installations - Floor and Ceiling Heating Systems

Automatic Fire Sprinkler Systems

20 July

23 July

 


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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:

Tim Clarke - Partner
Ph 04 495 7532
[email protected]
Doug Bailey - Consultant
Ph 04 495 7572
[email protected]

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