NEWS ON POLICY AND POLITICS
24 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

IN POLITICS

Emissions Trading Legislation timed for Christmas consultation
All the indications are that the Emissions Trading legislation and associated submission process will be timed to occupy that slot traditionally reserved for initiatives that governments would prefer did not attract attention - Christmas. more...

Leading not bleeding
The New Zealand Institute has joined business groups in highlighting the likelihood that climate change represents more of a cost to New Zealand than it does a source of economic opportunity. more...

PROGRESS OF LEGISLATION

Bills Introduced/Awaiting First Reading more...

Bills At Select Committee more...

Open for submissions
Submissions closed

Bills Reported Back/Awaiting Second Reading/Stalled more...

Bills Passed Second Reading more...

Supplementary Order Papers more...

Acts Assented more...

Regulations more...

In Committee more...

LEGISLATION IN THE WINGS more...

IN CONSULTATION more...

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What's New
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Current

IN POLITICS

Emissions Trading Legislation timed for Christmas consultation

All the indications are that the Emissions Trading legislation and associated submission process will be timed to occupy that slot traditionally reserved for initiatives that governments would prefer did not attract attention - Christmas. 

Driven by the practicalities of getting the legislation up and running by the promised deadline of mid 2008, officials are understood to be pressing for a six week submission period to run from the week immediately before New Zealanders head to the beach.

If true, this will only reinforce growing criticism of what is being seen increasingly as a rushed and potentially hazardous process.

The open question is, which Select Committee will find itself shepherding the legislation? The Local Government and Environment Committee might be seen as a candidate, but the directive role being taken in the process by Treasury and the fiscal exposures associated with the Kyoto Protocol suggest the Finance and Expenditure Committee as the more likely candidate.

Leading Not Bleeding

The New Zealand Institute has joined business groups in highlighting the likelihood that climate change represents more of a cost to New Zealand than it does a source of economic opportunity. Noting the difficulty of identifying benefits and the potential to achieve an economic upside of the government's approach the Institute questions the adoption of a world-leading stance. Carbon flight, or the departure of investment to less demanding jurisdictions, together with the substantial restructuring of the economy that will be a consequence of the ambition to be a global leader in addressing climate change are also cited as reasons for New Zealand to be cautious in charting its course. The lack of flexibility in the positions of both the Government and the Opposition is also noted as is the lack of strategic clarity about where we as a nation are going. According to the Institute these factors argue for a 'fast follower' approach that will see New Zealand defer the date by which it satisfies its Kyoto commitments to 2020 and establish a staged set of emissions reduction targets that have in-built flexibility to allow the pace of change to be accelerated or slowed according to international developments and technological progress.

The Institute's position has been rebutted by the Business Council for Sustainable Development, which sees no reason for New Zealand to defer taking advantage of what it suggests are the massive economic advantages of being a prime mover on emissions reduction.

 

PROGRESS OF LEGISLATION

Bills Introduced/Awaiting First Reading

Land Transport Management Amendment Bill
Type of Bill: Government
Member in Charge: Hon Annette King

The Bill is intended to enhance New Zealand's transport planning and funding system established under the Land Transport Management Act 2003.

Melanesian Trusts (Income Tax Exemption) Amendment
Type of Bill: Private
Member in Charge: Hon Phil Goff

This Bill proposes amendments to the Melanesian Trusts Act 1974 to provide that from the commencement date of the Melanesian Trusts Act 1974 income derived and distribution of income made by the Melanesian Mission Trust Board are exempt from income tax.

New Zealand Guardian Trust Company Amendment Bill
Type of Bill: Private
Member in Charge: Hon Judith Tizard

The Bill proposes amendments to the New Zealand Guardian Trust Company Act 1982 to authorise the trustee company, among other things, to transact business with its parent company and that parent company's subsidiaries and associated companies.

Subordinate Legislation (Confirmation and Validation Bill (No 3))

Type of Bill: Government
Member in Charge: Hon Dr Michael Cullen

This Bill confirms and validates certain subordinate legislation that, in accordance with confirmation and validation provisions in the Acts under which it is made, lapses at a stated time unless earlier confirmed or validated by Act of Parliament.The Bill has been referred to the Regulations Review Committee.

Bills At Select Committee

Biofuel Bill
Land Transport Amendment Bill (No 4)
Land Transport (Driver Licensing) Amendment Bill
Melanesian Trusts (Income Tax Exemption) Amendment Bill
New Zealand Guardian Trust Company Amendment Bill
Public Transport Management Bill
Trustee Amendment Bill

Open For Submissions

Bill Select committee Submissions close Report due
Auckland Regional Amenities Funding Bill Local Government and Environment 5 November 18 March 2008
Biofuels Bill Local Government and Environment Submissions not yet called 15 April 2008
Broadcasting Amendment Bill Commerce 26 October 5 March 2008
Family Court Matters Bill Social Services 29 October 3 March 2008
Immigration Bill Transport & Industrial Relations 12 October 15 February 2008
Land Transport (Driver Licensing) Amendment Bill Transport & Industrial Relations Submissions not yet called 17 April 2008
Land Transport Amendment Bill (No 4) Transport & Industrial Relations Submissions not yet called 15 April 2008
Melanesian Trusts (Income Tax Exemption) Amendment Bill Finance & Expenditure Submissions not yet called 16 April 2008
NZ Guardian Trust Company Amendment Bill Finance & Expenditure Submissions not yet called 16 April 2008
Public Transport Management Bill Transport & Industrial Relations Submissions not yet called 14 March 2008
Securities (Local Authority Exemption) Amendment Bill Commerce 2 November 11 March 2008
Statutes Amendment Bill Government Administration 9 November 19 March 2008
Subordinate Legislation (Confirmation and Validation) Bill (No 3) Regulation Review Submissions not yet called 12 November
Trustee Amendment Bill Justice & Electoral Submissions not yet called 15 April 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 23 November
Building Amendment Bill Social Services 5 November
Corrections (Mothers With Babies) Amendment Bill Law & Order 21 November
Criminal Proceeds (Recovery) Bill Law & Order 14 March 2008
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
Gambling Amendment Bill Government Administration 21 February 2008
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
Misuse of Drugs (Classification of BZP) Amendment Bill Health 15 November
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 May 2008
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 3 March 2008
Young Offenders (Serious Crimes) Bill Law & Order 30 November

Bills Reported Back/Awaiting Second Reading/Stalled

Minimum Wage and Remuneration Amendment Bill - Transport and Industrial Relations Committee

The Bill was intended to amend the Minimum Wage Act 1983 by extending its provisions to apply to payments under a contract for services that are currently remunerated at below the minimum wage. The Select Committee examined the Minimum Wage Act and was unable to reach agreement and could not recommend that the bill be passed.

Sale of Liquor (Youth Alcohol Harm Reduction) Amendment Bill - Law and Order Committee

The Committee has recommended, by majority, that the Bill be passed with amendments. It divided the Bill, creating two Bills: 1) the Sale of Liquor (Youth Alcohol Harm Reduction) Amendment Bill, dealing with restrictions on the broadcast advertising of liquor; and 2) the Sale of Liquor (Youth Alcohol Harm Reduction: Purchase Age), dealing with the minimum legal purchase age and supply of liquor to minors.

Education (Tertiary Reforms) Amendment Bill - Education and Science Committee

The Bill amends the Education Act 1989 to align the tertiary education sector’s outcomes more closely with the social, economic, and environmental interests of New Zealand.
Its provisions include the creation of a Tertiary Education Strategy, a three-year funding plan requirement and powers to enable the Commission to manage the new capped funding system.

The Committee, by majority, recommended that the Bill be passed.

Bills Passed Second Reading

Crimes (Repeal of Seditious Offences) Amendment Bill

Supplementary Order Papers

SOP 152: Armed Forces Law Reform Bill
Member in charge: Hon Phil Goff
Type: Substantive amendment

This SOP makes the following technical amendments to the Armed Forces Law Reform Bill:

  • New section 117G (which relates to the procedure that is followed under new Part 5 in relation to mixed pleas) is amended to clarify that the disciplinary officer must not record a finding of guilty if the charge is to be referred to the Director of Military Prosecutions.  The provision is also amended to clarify that it is subject to the rules of procedure (which may, for example, provide for a different procedure for charges laid in the alternative);
  • References to the repealed Evidence Amendment Act (No 2) 1980 have been omitted; and
  • The removal of incorrect references.

SOP 151: Armed Forces Law Reform Bill
Member in charge: Hon Phil Goff
Type: Motion to divide the Bill

This SOP divides the Armed Forces Law Reform Bill into the following four Bills:

  • Armed Forces Discipline Amendment Bill (No 2);
  • Court Martial Appeals Amendment Bill;
  • Court Martial Bill; and
  • Defence Amendment Bill (No 3).

Acts Assented

Agricultural Compounds and Veterinary Medicines Amendment Act 2007
Arbitration Amendment Act 2007
Health (Drinking Water) Amendment Act 2007
Property Law Act 2007
Succession (Homicide) Act 2007

Regulations

Diplomatic Privileges (Pacific Islands Forum Secretariat) Order 2007
Education (2008 School Staffing) Amendment Order 2007
Fisheries (Auckland and Kermadec Areas Commercial Fishing) Amendment Regulations 2007
Fisheries (Benthic Protection Areas) Regulations 2007
Fisheries (Satellite Vessel Monitoring) Amendment Regulations 2007
Fisheries (Southland and Sub-Antarctic Areas Commercial Fishing) Amendment Regulations 2007
High Court Amendment (Wills Act 2007) Rules 2007
High Court Amendment Rules (No 3) 2007
Immigration Amendment Regulations (No 4) 2007
Takeovers Code (ICP Biotechnology Limited) Exemption Notice 2007
Tariff (Concession) Amendment Order (No 2) 2007

In Committee

The Commerce Select Committee has commenced its consideration of the Limited Partnerships Bill and the Electricity (Disconnection and Low Fixed Charges) Amendment Bill. It has also resumed consideration of the Regulatory Responsibility Bill.

 

LEGISLATION IN THE WINGS

Criminal defence of provocation
The Law Commission has completed a report on the defence of provocation (a partial defence to a murder charge) which is expected to be tabled in Parliament shortly.

Anti-Money Laundering
Subsequent to the work recently completed by the Department of Internal Affairs on gaming crime, the Ministry of Justice is currently developing new anti-money laundering legislation.  The new legislation will comply with the international standard set by the Financial Action Task Force (FATF), of which New Zealand is a member.

 

IN CONSULTATION

What's New

RELEASED BY ... ISSUE SUBMISSIONS CLOSE ON...
(2007)
Economic Development, Min of

Limited Partnerships Bill: Safe Harbour and Fees Regulations

29 October
Education, Min of Proposed licencing criteria for ECE services and playgroups
20 November
Electricity Commission
Proposed aggregated Installation Control Point numbers by retailer by network supply point 9 November
Environment, Min for Waste Electrical and Electronic Equipment Refurbishment and Recycling Good Practice Guidelines 23 November
IRD

GST - Lottery operators and promoters

Tax Review - Developing an active income exemption for controlled foreign companies

31 October

30 November

Land Information NZ

Guidelines for stop notices on land titles

Surveyor-General's Rules for Cadastral Survey

2 November

1 February 2008

Land Transport NZ Level crossing design guidelines
16 November


Current

RELEASED BY... ISSUE SUBMISSIONS CLOSE ON...
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

Conservation, Dept of

Westland Tai Poutini National Park Management Plan Amendment

Seal lion Population Management Plan;

Species Management Plan

26 October


29 October

29 October
Education, Min of

Becoming a Teacher in the 21st Century

Ka Hikitia - Managing for Success: The draft Māori Education Strategy 2008-2012

26 October

31 October

Electricity Commission

North Auckland and Northland proposal

Load management and value pricing

Model use of system agreements

Reconciliation participant and distributor auditor guidelines

26 October

26 October

26 October

2 November
Fisheries, Min of

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

23 November

Food Standards Australia NZ

Food additive for wine

Genetically modified rice

14 November

14 November

Health, Min of

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

3 December

IRD Emissions Trading Tax Issues 28 October (Forestry); and 30 November (remaining sectors)
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

Fire hydrant systems for buildings

14 November


26 November

 


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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 04 819 7532
[email protected]
Doug Bailey - Consultant
Ph 04 819 7572
[email protected]

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