NEWS ON POLICY AND POLITICS
17 September, 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

Electoral review expert panel appointed
The dog and pony show that has been the Privileges Committee has been amply covered elsewhere.  Less noticeable, but potentially more significant has been the implicit acknowledgment from Government that the Electoral Finance Act has not done what it is supposed to have done. more...

IN THE NEWS

Diminishing quality of legislative debate
Last week Parliament went into urgency to deal with a large tranche of outstanding legislation and new Bills. An urgency motion is also expected when the House resumes next week to finalise business for the year. more...

Public Transport Management Bill
The Public Transport Management Bill has been passed, and is awaiting assent. more...

Credit unions rules to be modernised
In her opening address to the 2008 New Zealand Association of Credit Unions Conference the Commerce Minister Hon Lianne Dalziel, announced changes to the governance requirements for mutual financial institutions on Friday. more...

Law change to relieve tax consequences of death in husband-wife partnerships Revenue Minister Hon Peter Dunne announced Government's intention to introduce a law change to ensure that the death of one of the spouses in a husband and wife partnership does not give rise to immediate tax consequences. more...   

PROGRESS OF LEGISLATION

Bills Introduced/Awaiting First Reading more...

Bills Referred to Select Committee

Bills open for Submissions more...

Submissions Closed more...

Bills Reported Back / Awaiting Second Reading more...

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

Supplementary Order Papers more...

Bills Passed Third Reading more...

Acts Assented more...

Regulations more...

IN COMMITTEE more...

IN CONSULTATION more...

Electoral review expert panel appointed

The dog and pony show that has been the Privileges Committee has been amply covered elsewhere. 

Less noticeable, but potentially more significant has been the implicit acknowledgment from Government that the Electoral Finance Act has not done what it is supposed to have done. Last week Justice Minister Hon Annette King appointed a three-member panel of academics to review the situation and come up with a fix.

The panel is headed by the University of Otago's Associate Professor Andrew Geddis, who is joined by Prof Stephen Levine (Victoria University of Wellington) and Dr Jean Drange (Victoria and University of Canterbury).  The reviewers will consider the four different bodies involved in organising and running elections.  It will also consider whether breaches of electoral laws should be prosecuted by the Police (as at the moment) or a specialist electoral agency.

As currently conceived, the panel will provide a report on the administration of elections to the Minister of Justice no later than 31 March 2009.  Meanwhile, a "Citizens' Forum" comprising 70 ordinary registered voters (one from each electorate in New Zealand) will be formed no later than 16 March 2009.  The Citizens' Forum will consider the Panel's recommendations on the funding of elections and the state funding of political parties.  It will then provide a report to the Minister of Justice on the state funding of political parties and elections by 31 October 2009 which includes a report by the Citizens' Panel.

Despite the qualifications and integrity of the individual panel members, the review itself is not - as it should be when dealing with our electoral system - the result of a consensus among Parliament's political parties. It is instead an artefact of an agreement between Labour and the Greens alone. Most notable about that is the fact that neither Party has been prepared to acknowledge the concerns raised by many including the Law Society that the legislation trespasses on the right to free speech.  For this reason alone the review is likely to be contentious and in all material respects it appears that the management of electoral funding and public engagement in the political process will be seen as a tribal affair. 

Diminishing quality of legislative debate

Last week Parliament went into urgency to deal with a large tranche of outstanding legislation and new Bills. An urgency motion is also expected when the House resumes next week to finalise business for the year.

Recourse to urgency, whilst a practical and sometimes unavoidable option for getting a lot done quickly, limits the time available for consideration of a Bill - something not generally conducive to good law making.

The most notable instance of this in recent days has been the Climate Change (Emissions Trading and Renewable Preference) Bill.  The Bill (now divided into two Acts) is over 200 pages long and more than 1,000 amendments were recommended by the Select Committee on the heels of public hearings. Hundreds more amendments were proposed during the Bill's committee stage with 785 being approved in one day.  Unsurprisingly, debate focused less on the substance of the amendments than on the fact that MPs were unable to take in or make an informed position on the appropriateness or otherwise of the amendments proposed.

The use of the Supplementary Order Paper ("SOP") - detailing amendments to be made to a Bill during its committee stage - is another practice with the potential to be to the detriment of good law making. Obviating the requirement for Select Committee consideration, SOPs have been known to introduce substantive changes to Bills. Whilst reference back to Select Committee does occur in some instances (as was the case with the Waste Minimisation Bill), this is not always the case and the process is no doubt a tempting way of fast tracking the legislative process. 

As a case in point, a recent SOP on the Employment Relations (Breaks, Infant Feeding and Other Matters) Amendment Bill (now Act) was introduced by Hon Trevor Mallard.  The original Bill was intended to formalise work breaks and require a space for breastfeeding employees.  The SOP introduced an entirely new aspect to the legislation by making it illegal for an employer to make employment decisions (such as the salary or wage of an employee) based on an employee's participation in KiwiSaver.  No public consultation on this aspect the Bill took place and there was no oversight by Select Committee.

Whilst this approach might be practical, the risk is that executive fiat might be used to frustrate Parliamentary consideration and reduce public confidence in the Parliamentary process.  We have no doubt that several of the major Bills addressed in this way will be before Parliament again next year for remedial attention that more careful consideration would have rendered unnecessary.

For further details on legislative amendment and the current progress of Bills please see the [Progress of Legislation] section in Watching Brief below.   

Public Transport Management Bill

The Public Transport Management Bill has been passed, and is awaiting assent.  The Bill is intended to clarify and extend the functions and powers of regional councils with respect to public transport planning and regulation (providing particularly for commercial public transport services), and to repeal the Transport Services Licensing Act 1989.

The options considered ranged from preserving the status quo (“Option A”) to enabling regional councils to require that all services in their region be operated under contract (“Option C”).  As introduced, the Bill took the middle ground (“Option B”) empowering regional councils to achieve their objectives mainly through two planning mechanisms:

• regional public transport plans and controls imposed by councils on commercial services to implement these plans; and

• a compliance and enforcement regime.

The Auckland Regional Transport Authority ("ARTA") asked the Transport and Industrial Relations Select Committee to recommend a redrafting of the Bill in favour of Option C, giving ARTA the option of a fully contracted public transport system.  The Select Committee considered this and chose not to implement Option C at the time of its report back. 

However, Jeanette Fitzsimons' introduction of a new SOP (249) saw Option C reinserted into the Bill at the committee stage. It is that option that passed.  Accordingly, regional councils will be empowered to require that all services in their region be operated under contract, and that any commercial transport services (ie a transport service the regional council has not contracted to pay) be discontinued.

Regional councils are required to consider a number of factors when adopting a contracting regime. Transitional arrangements must be put in place and existing operators would have a right of appeal to the Environment Court.

Credit unions rules to be modernised

In her opening address to the 2008 New Zealand Association of Credit Unions Conference the Commerce Minister Hon Lianne Dalziel, announced changes to the governance requirements for mutual financial institutions on Friday. 

Governance rules for credit unions and building societies will be standardised to meet international benchmarks and align with those for companies, but will retain flexibility that recognises the character of mutual financial institutions.

Cabinet has also taken decisions to allow credit unions to have a legal personality, which lets them have limited liability, own property, have perpetual succession and to sue, and be sued.  "Government has taken note of concerns that credit unions should not be distinct from their membership in the way that a company is separate from its shareholders. The new regulatory framework gives credit unions the flexibility to meet the changing social and economic conditions of New Zealanders and achieve economies of scale while retaining a commitment to the integrity of the credit union movement.  The legislation will make it clear that credit unions are their members," Ms Dalziel said.

Law change to relieve tax consequences of death in husband-wife partnerships

Revenue Minister Hon Peter Dunne announced Government's intention to introduce a law change to ensure that the death of one of the spouses in a husband and wife partnership does not give rise to immediate tax consequences.

"The problem arises in the case of a two-person partnership in which the partners are married or have a relationship that is 'in the nature of marriage', and the partnership holds assets that, if sold, give rise to tax consequences," Mr Dunne said.  The Government is therefore proposing a change so that surviving spouses will not have to pay tax on their own share of partnership assets upon the death of their spouse, and they will not have to pay tax on their own share of assets separately from those they inherit from their dead spouse.  Mr Dunne said the change will be legislated for at the earliest opportunity (very unlikely to be before the general election) and, once enacted, will apply from the start of the 2008-09 income tax year, when the new partnership tax rules came into force.

Bills Introduced/Awaiting First Reading

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

This Bill is intended to improve quality in the construction sector while facilitating an increased supply of affordable houses.  It amends the Building Act 2004 to increase the flexibility and efficiency of the building consent process.  Specifically, the Bill:

• extends the Department of Building and Housing’s functions and powers to allow it to issue national multiple-use approvals for dwellings and buildings that are to be replicated on a substantial scale (individual building methods or products will continue to be dealt with under the product certification scheme in the Act);
• reduces the statutory time frame for processing a building consent application from 20 working days to 10 working days where the application includes a national multiple-use approval;
• differentiates between major and minor variations to consented building work; and
• makes it voluntary for an owner to obtain a project information memorandum from a building consent authority that is a territorial authority.

Commerce Commission (International Co-operation, and Fees) Bill
Type of Bill: Government
Member in Charge: Hon Lianne Dalziel

This Bill amends the Commerce Act 1986, the Credit Contracts and Consumer Finance Act 2003, and the Fair Trading Act 1986 to authorise the Commerce Commission to assist and be assisted by equivalent overseas regulators.  The primary objective of this Bill is to facilitate increased co-operation between the Commission and the Australian Competition and Consumer Commission.

The Bill proposes to allow the Commission to use its statutory powers to provide investigative assistance to overseas competition and consumer regulators and to provide compulsorily acquired information to overseas regulators, subject to specified safeguards and the principles of reciprocity.  The Bill also makes amendments to the regulation-making powers in the Commerce Act 1986 to require the Commission to provide refunds, where appropriate, and to provide for fee exemptions for particular classes of persons.

Education Amendment Bill (No 3)
Type of Bill: Government
Member in Charge: Hon Chris Carter

This Bill amends the Education Act 1989 for two purposes:

• to enhance student safety in both the early childhood and compulsory sectors; and
• to improve accountability for student attendance and engagement in the compulsory sector.  

There are some minor policy changes designed to enhance the efficient governance of the compulsory education system and to enhance the efficient administration of the compulsory and tertiary education systems.  There are also some minor changes to existing provisions to clarify some definitions and correct minor technical and drafting errors in the Act.

Electricity (Continuance of Supply) Amendment Bill
Type of Bill: Government
Member in Charge: Hon David Parker

The purpose of this Bill is to amend the continuance of supply provisions in the Electricity Act 1992 so that there is an ongoing obligation on electricity distributors to continue supply to places supplied as at 1 April 1993, using either line function services or electricity supplied by alternative means. 

Employment Relations Amendment Bill (No 3)
Type of Bill: Government
Member in Charge: Hon Trevor Mallard

This Bill amends the Employment Relations Act 2000 to implement Government policy on casual and non-standard employment.  The Bill strengthens the position of employees in a triangular employment relationship (where an employer contracts the services of the employee to a third party (the controlling third party), and the controlling third party has the right to control the employee’s work).  A provision is included in the Bill to allow codes of employment practice, which currently only cover matters under the principal Act, to give guidance on other employment related legislation.

Port Nicholson Block (Taranaki Whanui ki Upoko o Te Ika) Claims Settlement Bill
Type of Bill: Government
Member in Charge: Hon Dr Michael Cullen

This Bill gives effect to the deed of settlement in which the Crown and Taranaki Whānui ki Te Upoko o Te Ika agree to a final settlement of the Taranaki Whānui ki Te Upoko o Te Ika historical claims.

Private Security Personnel and Private Investigators Bill
Type of Bill: Government
Member in Charge: Hon Clayton Cosgrove

This Bill repeals and replaces the Private Investigators and Security Guards Act 1974, which regulates the private security industry and private investigators and their staff. The main aims of the Bill are to prevent people from working in the industry if they pose an unacceptable risk to their clients and employers, members of the public, or themselves.  It will also ensure that those working in the industry are, where appropriate, required to complete a prescribed course of training and to comply with appropriate rules of conduct, and are subject to appropriate penalties if found guilty of committing offences against the Act. 

Regulatory Improvement Bill
Type of Bill: Government
Member in Charge: Hon Lianne Dalziel

This Bill is introduced under Standing Order 264(a), which provides that a law reform or other omnibus Bill to amend more than one Act may be introduced if the amendments deal with an interrelated topic that can be regarded as implementing a single broad policy.  It is intended that the Bill will be divided into separate Bills at the committee of the whole House stage.

This Bill contains a number of amendments with the broad policy objectives of improving the regulatory framework and reducing the compliance burden on business.  These amendments were identified as part of the Government's Quality Regulation Review.

These initiatives purport to address regulatory duplication, gaps, administrative errors, and inconsistencies between different pieces of legislation that collectively create unnecessary compliance costs and uncertainty for business.  The Bill includes amendments to:

• the Companies Act 1993, to align the obligation for companies to appoint an auditor with recent changes to the Financial Reporting Act 1993;
• the Conservation Act 1987, to change the “concessions” provisions of the Act to ensure efficient contestable processes can take place;
• the Designs Act 1953, to allow restoration of lapsed copyright in a registered design in circumstances where the lapse was as a result of an unintended failure to pay the renewal fee or to make the necessary application;
• the Fisheries Act 1996, to create a statutory process whereby commercial fishers who have inadvertently incurred deemed value debts can have the debt reviewed;
• the Gas Act 1992, to create certainty that any regulations and rules that the Gas Industry Company Limited can recommend under Part 4A of the Gas Act 1992 will cover gas used as a feedstock;
• the Hazardous Substances and New Organisms (HSNO) Act 1996, to enable delegation of technical decision making power to the chief executive of the Environmental Risk Management Authority ("ERMA"), other staff of ERMA, or other persons, while retaining significant delegations in the form expressly allowed in the Act and to facilitate rapid assessment of certain classes of applications in line with the Primary Production Committee report on its investigation into plant imports;
• the Ministry of Agriculture and Fisheries (Restructuring) Act 1995, to remove the penalty regimes applicable under that Act for non-payment of cost recovery levies;
• the Reserves Act 1977, to reduce cost and administrative burden attaching to certain licences issued under the Act; and
• the Weights and Measures Act 1987, to remove the control of LPG in gaseous form from that Act.

Standards and Accreditation Bill
Type of Bill: Government
Member in Charge: Hon Lianne Dalziel

This Bill updates the Acts concerning the Standards Council and the Testing Laboratory Registration Council, which are both Crown entities.  The Bill's primary purpose is to modernise and simplify the governance arrangements of the entities by separating their governance and technical advisory functions.  The Bill provides for a smaller governing board for each entity, directly appointed by the Minister of Commerce, to promote a better focus on governance. Complementing this, it requires each entity to establish distinct technical advice structures. 

Trade (Safeguard Measures) Bill
Type of Bill: Government
Member in Charge: Hon Lianne Dalziel

Safeguards are emergency measures applied at the border (usually in the form of a duty) which may be taken to provide temporary protection to a domestic industry from injury caused by a surge in imported goods resulting from unforeseen developments.  Safeguards are provided for under the General Agreement on Tariffs and Trade ("GATT") and the World Trade Organisation ("WTO") Agreement on Safeguards and are intended to facilitate adjustment by a domestic industry to increased imports.

This Bill repeals the Temporary Safeguard Authorities Act 1987 and replaces it with a new regime designed to be consistent with WTO rules and to promote efficient, transparent, and objective investigative and decision-making processes.

Trade Marks (International Treaties and Enforcement) Amendment Bill
Type of Bill: Government
Member in Charge: Hon Judith Tizard

This is an omnibus Bill that will amend the Trade Marks Act 2002 and the Copyright Act 1994.  It is intended that the Bill be divided into two separate Bills at the committee of the whole House stage:

• a Trade Marks (International Treaties and Enforcement) Amendment Bill; and
• a Copyright Amendment Bill.

The Bill gives effect to the Government’s decisions to:

• accede to the Madrid Protocol Relating to the Madrid Agreement (the Madrid Protocol);
• accede to the Nice Agreement Concerning the International Classification of Goods and Services for the Purposes of the Registration of Marks (the Nice Agreement);
• ratify the Singapore Treaty on the Law of Trademarks (the Singapore Treaty);
• empower the Ministry of Economic Development and the New Zealand Customs Service to enforce the criminal offence provisions under the Trade Marks Act and the Copyright Act 1994 related to counterfeit goods and pirated works; and
• address a number of miscellaneous issues with the Trade Marks Act.

Whakarewarewa and Roto-a-Tamaheke Vesting Bill
Type of Bill: Government
Member in Charge: Hon Parekura Horomia

This Bill enables the transfer of the Whakarewarewa Thermal Springs Reserve and the Arikikapakapa Reserve, currently vested in the Crown, to Te Pumautanga o Te Arawa Trust.

Settlement Systems, Futures, and Emissions Units Bill
Type of Bill: Government
Member in Charge: Hon Lianne Dalziel

This Bill is intended to:

• signal that trades in securities and other products can be cleared and settled in New Zealand through systems that meet the expectations of international and domestic participants;
• align the regulation of exchanges seeking to operate in both the securities and futures markets and codify that participants approved by the operator of an authorised futures exchange are authorised futures dealers; and
• clarify the regulatory treatment of emissions units to support the development of the market for emissions units.

Bills Referred To Select Committee

The Cultural Property (Protection in Armed Conflict) Bill was read for the first time and referred to the Government Administration Committee. Submissions close 6 October 2008.  The Committee is due to report back on 6 October 2008.

Open For Submissions

Submissions Closed

Bills Reported Back / Awaiting Second Reading

Aquaculture Legislation Amendment Bill
Judicature (High Court Rules) Amendment Bill
Financial Advisers Bill
Financial Service Providers (Registration and Dispute Resolution) Bill
Māori Trustee and Māori Development Amendment Bill (the Māori Affairs Committee split this Bill and recommended that the Māori Trustee Amendment part be passed and the Māori Economic Development part considered further)
Subordinate Legislation (Confirmation and Validation) Bill (No 4)
Waka Umanga (Māori Corporations) Bill

Bills Passed Second Reading / Awaiting Third Reading

Corrections (Mothers with Babies) Amendment Bill

Supplementary Order Papers

SOP 249 Public Transport Management Bill
Member in Charge: Jeanette Fitzsimons
Type: Substantive amendment

This SOP amends the Public Transport Management Bill.  This SOP implements “Option C” enabling regional councils to require that all services in their region be operated under contract (see [In the News] above).

SOP 248 Public Transport Management Bill
Member in Charge: Hon Annette King
Type: Substantive amendment

This SOP aligns the Public Transport Management Bill with the recently amended Land Transport Management Act 2003 by refining the phrasing or altering the placement of several provisions, and changing several cross-references.

SOP 247 Companies (Minority Buy-out Rights) Amendment Bill
Member in Charge: Hon Lianne Dalziel
Type: Substantive amendment

This SOP amends the Companies (Minority Buy-out Rights) Amendment Bill to insert two new clauses:

• New clause 8A replaces section 122(5) of the Companies Act 1993.  The effect of this amendment is to ensure that all shareholders who do not sign a special resolution that is required by section 106(1)(a) or (b) of the Companies Act 1993 are given notice of their rights under section 110 of that Act.  There is also a minor consequential amendment to the Lawyers and Conveyancers Act (Lawyers: Nominee Company) Rules 2008.

SOP 246 Public Lending Right for New Zealand Authors Bill
Member in Charge: Hon Judith Tizard
Type: Substantive amendment

This SOP:

• adds definitions of key terms to the Bill;
• emphasises that the Bill's scheme is for New Zealand authors;
• requires New Zealand authors to register annually under the scheme; and
• clarifies the membership of the advisory group.

SOP 245 Biofuel Bill
Member in Charge: Hon David Parker
Type: Motion to divide Bill

This motion divides the Biofuel Bill into four separate Bills:

• the Energy (Fuels, Levies, and References) Amendment Bill;
• the Customs and Excise Amendment Bill;
• the Tariff Amendment Bill; and
• the Local Government Act 1974 Amendment Bill.

SOP 244 Commerce Amendment Bill
Member in Charge: Hon Lianne Dalziel
Type: Substantive amendment

This SOP proposes a number of changes, including:

• the Bill currently provides for input methodologies to identify any costs that can be passed through to prices.  The amendment clarifies that input methodologies cannot provide for the legal costs of appeals to be passed through to prices;
• a confirmation that, when resetting the rate of change applying to suppliers subject to default price-quality regulation, the Commerce Commission may take into account the effects of inflation on suppliers' inputs;
• a change to limit the new criteria section for decisions on whether the Commerce Commission's jurisdiction under Part 4 should be transferred to the Electricity Commission.  This power to transfer jurisdiction is restricted to Transpower only; and
• removal of an exemption from the provisions of subpart 10 for gas pipeline services that convey natural gas for supply to industrial and commercial consumers located within one kilometre of a gas station or existing gas pipeline.  Suppliers of affected pipelines would be able to apply for inclusion in the Schedule of excluded pipelines.

SOP 243 Real Estate Agents Bill
Member in Charge: Hon Clayton Cosgrove
Type: Substantive amendment

This SOP makes numerous amendments to the Real Estate Agents Bill, including:

• extending the commencement of most of the provisions from one year after assent to 14 months after assent;
• clarifying that conveyancing is not included in the definition of real estate agency work;
• clarifying that share transactions are not generally governed by the Bill;
• requiring the Minister to consult with the Real Estate Institute of New Zealand Incorporated when making the first appointment of licensees and former licensees to the Authority and the Real Estate Agents Disciplinary Tribunal; and
• increasing the experience in real estate agency work required before a person is entitled to an agent's licence or a branch manager's licence from two years to three years. 

This SOP also makes some consequential amendments and includes a number of minor drafting changes.

SOP 242 Electricity Industry Reform Amendment Bill
Member in Charge: Hon David Parker
Type: Substantive amendment

This SOP makes consequential changes to section 4A of the Electricity Act 1992, which relates to the declaration of network operator status.  These are technical changes to align the rest of section 4A with the wording of new section 4A(1) that is already in the Bill.

SOP 241 Customs and Excise Amendment Bill (No 3)
Member in Charge: Hon Nanaia Mahuta
Type: Substantive amendment

This SOP changes the commencement date for the provision concerning the personal use exemption for the growth and manufacture of tobacco from 1 August 2008 to 1 October 2008.  The transitional provision governing the personal use exemption is also consequentially amended to reflect the changed commencement date.

SOP 240 Climate Change (Emissions Trading and Renewable Preference) Bill
Member in Charge: Te Ururoa Flavell
Type: Substantive amendment

This SOP inserts an explicit reference to the Treaty of Waitangi in the Climate Change (Emissions Trading and Renewable Preference) Bill to ensure that the Emissions Trading Scheme will be implemented and operated in accordance with the rights guaranteed to Māori under the Treaty of Waitangi.

SOP 239 Climate Change (Emissions Trading and Renewable Preference) Bill
Member in Charge: Hon David Parker
Type: Substantive amendment

This SOP makes numerous technical drafting amendments.

SOP 238 Climate Change (Emissions Trading and Renewable Preference) Bill
Member in Charge: Hon David Parker
Type: Substantive amendment

This SOP makes numerous technical drafting amendments.

SOP 237 Climate Change (Emissions Trading and Renewable Preference) Bill
Member in Charge: Rodney Hide
Type: Substantive amendment

This Bill omits hydro fluorocarbons from Schedule 3.   Hydro fluorocarbons are the gas used as a refrigerant in fridges, air- conditioning and in heat pumps.  

SOP 236 Te Roroa Claims Settlement Bill
Member in Charge: Hon Dr Michael Cullen
Type: Substantive amendment

This SOP amends the Te Roroa Claims Settlement Bill to take into account recent changes to the Treaty of Waitangi Act 1975 whereby references to Treaty of Waitangi claims settlement legislation have been moved.  The amendments also insert additional clauses relating to the alteration of place names.

SOP 235 Disability (United Nations Convention on the Rights of Persons with Disabilities) Bill
Member in Charge: Hon Ruth Dyson
Type: Motion to divide Bill

This SOP divided the Disability (United Nations Convention on the Rights of Persons with Disabilities) Bill into:

• the Disability (United Nations Convention on the Rights of Persons with Disabilities) Bill; and
• the Human Rights Amendment Bill.

SOP 234 Disability (United Nations Convention on the Rights of Persons with Disabilities) Bill
Member in Charge: Hon Ruth Dyson
Type: Substantive amendment

This SOP amends the Juries Amendment Act 2008 (which is yet to come into force) to make the terminology consistent with the changes made to the Juries Act 1981 by the Bill.  It also facilitated the division of the Disability (United Nations Convention on the Rights of Persons with Disabilities) Bill into two separate Bills.

SOP 233 Climate Change (Emissions Trading and Renewable Preference) Bill
Member in Charge: Hon David Parker
Type: Motion to divide Bill

This SOP divided the Climate Change (Emissions Trading and Renewable Preference) Bill into:

• the Climate Change Response (Emissions Trading) Amendment Bill; and
• the Electricity (Renewable Preference) Amendment Bill.

SOP 232 Climate Change (Emissions Trading and Renewable Preference) Bill
Member in Charge: Hon David Parker
Type: Substantive amendment

This SOP amended the Climate Change (Emissions Trading and Renewable Preference) Bill by inserting various new definitions and making numerous technical drafting changes.

SOP 231 Climate Change (Emissions Trading and Renewable Preference) Bill
Member in Charge: Hon David Parker
Type: Substantive amendment

This SOP inserts new clauses containing consequential amendments to the Goods and Services Tax Act 1985, providing for goods and services tax at a rate of 0% on transactions involving emissions units made on or after 1 January 2009.

SOP 230 Central North Island Forests Land Collective Settlement Bill
Member in Charge: Hon Dr Michael Cullen
Type: Substantive amendment

This SOP amends the Central North Island ("CNI") Forests Land Collective Settlement Bill to make various minor drafting changes and to ensure it is consistent with the Deed of Settlement.  It also provides for changes that are required to the Bill if Ngāti Rangitihi becomes a signatory to the deed of settlement between the Crown and the CNI Iwi Collective in relation to their historical CNI forests land claims.

SOP 229 Employment Relations (Breaks and Infant Feeding) Amendment Bill
Member in Charge: Hon Trevor Mallard
Type: Substantive amendment

This SOP dealt primarily with employees' membership of a KiwiSaver scheme or a complying superannuation fund.  Provisions were redrafted and inserted to make it a ground for a personal grievance for an employee's employment to be adversely affected because he or she is a member of a KiwiSaver scheme or a complying superannuation fund.

SOP 228 Organised Crime (Penalties and Sentencing) Bill
Member in Charge: Hon Annette King
Type: Motion to divide Bill

This motion divides the Organised Crime (Penalties and Sentencing) Bill into two separate Bills, amending the Crimes Act 1961 and the Sentencing Act 2002.

Bills Passed Third Reading

Affordable Housing: Enabling Territorial Authorities Bill
Climate Change (Emissions Trading and Renewable Preference) Bill
Commerce Amendment Bill
Companies (Minority Buy-out Rights) Amendment Bill
Customs and Excise Amendment Bill (No 3)
Electricity Industry Reform Amendment Bill
Electricity (Renewable Preference) Amendment Bill
Judicature (High Court Rules) Amendment Bill
Policing Bill
Public Transport Management Bill
Real Estate Agents Bill
Waste Minimisation Bill

Acts Assented

Employment Relations (Breaks, Infant Feeding, and Other Matters) Amendment Act 2008       
Reserve Bank of New Zealand Amendment Act 2008    
Energy (Fuels, Levies, and References) Amendment Act 2008         
Customs and Excise Amendment Act (No 2) 2008    
Tariff Amendment Act (No 2) 2008   
Local Government Act 1974 Amendment Act 2008       
Disability (United Nations Convention on the Rights of Persons with Disabilities) Act 2008 
Human Rights Amendment Act 2008

Regulations

New Zealand General Service Medal (Korea) Regulations 2008
New Zealand General Service Medal (Korea 1958-2000) Regulations 2008
Fisheries (Notification of Proposal to Establish Te Wakatehaua Taiapure-Local Fishery) Notice 2008
Sports Fish Licences, Fees, and Forms Notice 2008
Electoral Amendment Regulations 2008
Evidence Amendment Regulations 2008
Education (2009 School Staffing) Order 2008
Resource Management (National Environmental Standards for Telecommunication Facilities) Regulations 2008
Securities Markets (Disclosure of Relevant Interests by Directors and Officers) Amendment Regulations 2008
New Zealand Geographic Board (Nga Pou Taunaha o Aotearoa) Act Commencement Order 2008
Immigration Amendment Regulations (No 3) 2008
Injury Prevention, Rehabilitation, and Compensation (Review Costs and Appeals) Amendment Regulations 2008
Building Practitioners (Complaints and Disciplinary Procedures) Regulations 2008
Securities Act (PA Consulting Group Limited) Exemption Notice 2008
Securities Act (Overseas Employee Share Purchase Schemes) Exemption Amendment Notice (No 2) 2008
Fisheries (Cost Recovery Levies for Fisheries Services) Order 2008
Fisheries (Cost Recovery Levies for Conservation Services) Order 2008
Domestic Violence (Programmes) Amendment Regulations 2008
Education (Export Education Levy) Regulations 2008
Income Tax (Approved Territories for Qualifying Foreign Equity Investor Definition) Order 2008
Tax Information Exchange (Netherlands Antilles) Order 2008

In Committee

The Education and Science Committee heard submissions on the petition signed by 8,000 people opposing closure of Makoura College in the Wairarapa.  The Committee also continued considering the state of the Itinerant Music Teachers' Scheme.
 
The Foreign Affairs, Defence and Trade Committee continued hearing submissions in its inquiry into New Zealand's relations with South Pacific countries and commenced hearing submissions on an inquiry into housing allowances for New Zealand Defence Force personnel posted to the United Nations headquarters in New York.  The Secretary of Defence, Chief of Defence Force and others also briefed the Committee on the monitoring and reporting of defence acquisition projects, in response to an Auditor-General's report on the subject.

The Finance and Expenditure Committee heard a submission from the Governor of the Reserve Bank, Dr Alan Bollard, on his decision to cut the official cash rate by 50 points.

The Finance and Expenditure Committee reported back on the Financial Advisers Bill and the Financial Service Providers (Registration and Dispute Resolution) Bill and recommended that the Bills pass with amendments.

The Justice and Electoral Committee reported back on the Judicature (High Court Rules) Amendment Bill and recommended that the (765 page) Bill pass with amendments.

The Local Government and Environment Committee heard submissions on Ban the Tower Inc's petition signed by 3,101 people opposing the construction of a tower by Telecom Mobile Ltd beside the Atawhai Play Centre in Nelson.

The Māori Affairs Committee reported back on the Māori Trustee Amendment Bill and recommended that the Bill pass with amendments.  The Committee also reported back on the Waka Umanga (Māori Corporations) Bill and recommended, by majority, that the Bill pass with amendments (with the National and Māori Parties expressing minority views on the Bill).

The Primary Production Committee reported back on the Aquaculture Legislation Amendment Bill and recommended that the Bill pass with amendments.

The Privileges Committee continued hearing a question of privilege relating to Rt Hon Winston Peters' disclosures of pecuniary interest over the past two weeks.

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