NEWS ON POLICY
AND POLITICS |
|
||||
NEW! In this issue we introduce a new section entitled "In the Courts". It will deal with topical matters that have a public policy or political salience. This week we look at developments on abortion, the Electoral Finance Act and human rightsIN POLITICS Political face, and an absolute adherence to the election strategy set out in the Prime Minister's opening address to Parliament in 2007, will see the Government determined to advance its flagship sustainability legislation. more... IN THE NEWS Government Announces Changes to Employment Relations Legislation Commerce Commission Fires Warning Shot over Green Puffery Water Management Coalition Anti-Anti-Smacking Petition Criminal Procedure Bill Passed PROGRESS OF LEGISLATION Bills Introduced/Awaiting First Reading more...
Bills Open for Submissions more... Bills Reported Back / Awaiting Second Reading more... Bills Delayed more... Bills Passed Second Reading / Awaiting Third Reading more... Second Reading Negatived more... Supplementary Order Papers more... Bills Passed Third Reading more... Acts Assented more... Regulations more... IN COMMITTEE more... IN CONSULTATION more...
LEGISLATION IN THE WINGS more... IN THE COURTS more... |
|||||
| IN POLITICS | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
Political face, and an absolute adherence to the election strategy set out in the Prime Minister's opening address to Parliament in 2007, will see the Government determined to advance its flagship sustainability legislation. Softening its position on the biofuel sales obligation and glossing over concerns felt by officials about the practicability of a sustainability labelling regime, the Government is determined that the Biofuel legislation should proceed. The Government's cheerleader on the issue, David Parker, insists that the price of fuel will be unaffected notwithstanding the significant costs associated with creating the necessary infrastructure to deliver fuel alternatives. Similar determination is being shown concerning the Emission Trading legislation where international as well as local political face is providing a spur to the Beehive's ninth floor. Despite National's withdrawal of support for the legislation and deal is being cobbled together with the Greens and NZ First - something National will not be all that unhappy about since it will be easier to amend any resulting legislation than to start from scratch. |
|||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| IN OTHER NEWS | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
Government Announces changes to Employment Relations LegislationThis weekend Labour Minister, Hon Trevor Mallard announced the Government's intention to amend the Employment Relations Act to strengthen the rights and protections available to casual and non-standard employees. In part adopting Darien Fenton's "Triangular Employment Relations Bill" the proposed changes will see the establishment of a clarifying Code of Practice in respect of casual and non-standard workers. It will also see Labour inspectors given the power to determine whether a worker has a fixed term contract or is actually a permanent employee. Beyond a level of generality, the Government is silent as to the mischief the amendment is intended to address and it is notable that the Department of Labour review of the position of non-standard employees did not make a strong case for legislative intervention. The impacts of the proposed changes also appear not to have been assessed, something at odds with the Government's formal position on quality regulation. Business New Zealand has already been vocal in its criticism of the proposed intervention, noting in particular its potential impacts on the costs of construction and local competitiveness. Whilst any Bill is unlikely to be passed before the House rises, it can be expected to pass its first reading and be referred to Select Committee. The Department of Labour's Phase One Research, and Casual and Temporary Employment: Report on Industry Engagement and Promotional Activities is available at http://ers.govt.nz/relationships/reports.html. Commerce Commission Fires Warning Shot Over Green PufferyAs the public faces a tsunami of assurances from advertisers about the 'greenness' of their products or services, the Commerce Commission has begun issuing warnings to companies about assertions that may not be sustainable when measured against consumer protection legislation. Wellington Combined Taxis was the first to receive a warning shot across the bumper when the Commission warned the company's "going green" campaign may be misleading. This advice to the Capital's largest taxi company arose from a complaint about the statement that its LPG cars "reduce CO2 pollution by up to 25%" and that the Nissan Maxima 3.5 litre V6 petrol engine transmission is "20% more fuel efficient than traditional automatic transmissions". ComCom's Director of Fair Trading, Adrian Sparrow, has confirmed that the Commission has identified the "green marketing" area as a new focus area as a result of the "proliferation overseas of such claims in marketing hype". "All those in business making such claims should take a good hard look at how they might justify those claims, as the Commission will be monitoring the issue closely," he said. "The Commission will take enforcement action under the Fair Trading Act where necessary". The Commission's action follows similar steps taken by the Australian Competition and Consumer Commission (ACCC). Companies already warned in Australia include Holden, Woolworths and De Longhi. At a recent industry conference, ACCC deputy chair, Louise Sylvan, stated that in the world of marketing, "green is the new black". Companies no longer see environmental claims as a boost for their business - they are now an essential requirement. In Australia alone the green market is estimated to be worth $500 billion, and growing at around 20% a year. According to Sylvan, "in the mad scramble to board the green bus, accuracy is falling victim to expediency as some businesses gloss over the details". Adding to the panic, the ACCC is concerned that some businesses may be trying to do the right thing, but are struggling to find clear direction on what they can or cannot legitimately claim amid a confusing sea of labelling standards, offsets and certification schemes. Because of the lack of consistent standards in respect of carbon offsetting, the ACCC advise that businesses need to be specific about how they calculate emissions and the way in which they will be offset. To assist Australian businesses, the ACCC has released a set of guidelines on green marketing. Ultimately, the general rule is: if you can't back up a claim with verified scientific evidence, don't make it. Water Management CoalitionThe Government's Sustainable Water Programme of Action and the prospect of the changes it could bring have spurred a group of agri-businesses to form the Water Management Coalition under the chairmanship of Hugh Ritchie from Federated Farmers. It aims to "actively participate and engage on water management issues". The Coalition is comprised of Fonterra, Dairy New Zealand, the Foundation for Arable Research, Horticulture New Zealand, New Zealand Farm Forestry Association, Meat and Wool New Zealand, Irrigation New Zealand, Fertiliser Manufacturers Research Association and Federated Farmers. The group has issued a draft paper setting out its initiatives to achieve sustainability in freshwater use:
In related news, the Government's National Policy Statement on Freshwater Quantity and Quality is expected to be published by the end of June, or in early July. GST PolicyThe Inland Revenue Department is proposing to change the rules around GST to strengthen the neutrality of business-to-business transactions and to reduce the risks that GST manipulation presents to Government revenue. Specifically, the proposed changes will:
There also are a number of possible changes to simplify and clarify the change-in-use rules and to clarify the GST treatment of short-term accommodation. These include redefining the terms 'dwelling' and 'commercial dwelling' and removing very small-scale and non-commercial supplies of accommodation from the definition of 'taxable activity'. The issues paper, "“Options for strengthening business-to-business neutrality in the GST rules", is published at www.taxpolicy.ird.govt.nz. Submissions close on 11 July 2008. Trans-Tasman Security OfferingsThe Mutual Recognition of Securities Offerings ("MRSO") between New Zealand and Australia has recently come into force. The MSRO means issuers of securities can now use one prospectus to offer shares, debentures or managed or collective investment schemes to investors on both sides of the Tasman, subject to meeting certain requirements. It will be overseen by the Companies Office and the Securities Commission in New Zealand and the Australian Securities and Investment Commission in Australia. The Australia-New Zealand approach is considered to be world leading in this area. Anti-Anti-Smacking PetitionThere may be an extra ballot accompanying this year's general election in the form of a citizens-initiated referendum. Former United Future MP, Larry Baldock, has resubmitted his petition calling on a referendum of all voters on the repeal of section 59 of the Crimes Act 1961, which effectively outlaws physical discipline of children by their parents or caregivers. Baldock believes he now has sufficient signatures to meet the threshold of ten percent of voters required to trigger a citizens-initiated referendum. It is unlikely that a referendum on the merits of removing a statutory defence of reasonable force for parental discipline will result in legislative change, irrespective of its outcome. Neither major party supports re-introducing a reasonable force defence. The citizens initiated referendum may be a high-profile means of publicising an issue but it is not the most effective means of legislative reform. Criminal Procedure Bill PassedParliament passed the Criminal Procedure Bill on 19 June. The Bill was introduced during the last Parliament in 2004 and is a major revision of New Zealand's criminal law. It introduces the following changes:
pre-jury committal for trial hearings can be dealt with in writing rather than orally (this is accompanied by a new pre-trial disclosure regime in the Criminal Disclosure Act).
|
|||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
IN PARLIAMENT |
|||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
Bills Introduced/Awaiting First ReadingAffiliate Te Arawa Iwi and Hapu Claims Settlement Bill This Bill records the acknowledgements and apology given by the Crown to the iwi and hapu of Te Arawa affiliated to the To Pumautanga o Te Arawa Trust in the Deed of Settlement of 11 June 2008 between the Crown and that Trust. It also gives effect to the Deed of Settlement as a final settlement of all of the Trust's historical claims. Organised Crime (Penalties and Sentencing) Bill The purpose of this Bill is to amend section 98A of the Crimes Act 1961 and section 9 of the Sentencing Act 2002 to address manifestations of organised criminal activity. Under the Crimes Act 1961, the Bill will increase the maximum penalty for participation in an organised criminal group from five years jail to 10 years. That penalty change will allow interception warrants to be sought for investigations into such participation. The Bill will amend the Sentencing Act to make it an aggravating factor "when an offence is committed partly or wholly because of the offender's participation in an organised criminal group". Lawyers and Conveyancers Amendment Bill (No 2) This amending Bill is designed to ensure that unions and employer associations can continue a long-standing practice of providing legal services to members of their organisations Central North Island Forests Land Collective Settlement Bill This Bill gives effect to the vesting of the Central North Island Crown forest land and the transfer of rentals in relation to that land, so that those assets can be allocated to the Central North Island Iwi Collective in settlement of their historic forest land claims Sale of Liquor (Objections to Applications) Amendment Bill This Bill seeks to amend the Sale of Liquor Act 1989 to make wider provision for objections to applications for on-licences and off-licences. The Bill allows any person to object to an application. However, the objector must be able to provide evidence of adverse impact on the objector if the application were to be granted. Bills Referred To Select CommitteeNone
Bills Reported Back / Awaiting Second ReadingAirport Authorities (Sale to the Crown) Amendment Bill (the Transport and Industrial Relations Committee recommended that this Bill not be passed) Bills DelayedThe following Bills have been delayed:
Bills Passed Second Reading / Awaiting Third ReadingInjury Prevention, Rehabilitation, and Compensation Amendment Bill (No 2) Second Reading NegativedTreaty of Waitangi (Removal of Conflict of Interest) Amendment Bill Supplementary Order PapersSOP 208 Injury Prevention, Rehabilitation, and Compensation Amendment Bill (No 2) This SOP amends the Injury Prevention, Rehabilitation, and Compensation Amendment Bill (No 2) to ensure that the age limits for weekly compensation are not taken into account when deciding whether vocational rehabilitation would be likely to be cost-effective. This is one of the statutory criteria used by the Accident Compensation Corporation in deciding whether or not to provide vocational rehabilitation. The proposed amendments also:
SOP 207 Minimum Wage and Remuneration Amendment Bill This SOP makes drafting amendments to the Minimum Wage and Remuneration Amendment Bill. These include new definitions of "principal" and "specified person", and the substitution of a new statement for the Bill’s purpose in clause 4. The new purpose refers to renaming the principal Act and to the reduced scope of the Bill’s application to specified persons providing certain services under a contract for service. New sections authorise the Governor-General, by Order in Council, to prescribe the minimum rate of remuneration payable to specified persons for providing one or more of the services listed in new Schedule 2; require specified persons to keep a remuneration record containing information about remuneration paid to specified persons; and provide for the recovery of minimum remuneration in the Employment Relations Authority. SOP 206 Criminal Procedure Bill This SOP amends the Criminal Procedure Bill in two respects. It amends the section of the Summary Proceedings Act 1957 inserted by the Bill to provide that a party who applies for an oral evidence order has the right to make oral submissions to a Judge in support of the application. If the applicant makes oral submissions the other party may also make oral submissions to the Judge on that application. Secondly, this SOP inserts a new clause requiring the Solicitor-General, or a person nominated by the Solicitor-General, to review the operation of new Part 5 of the Summary Proceedings Act 1957 as soon as practicable after it has been in operation for two years. The person conducting the review must:
SOP 205 Criminal Procedure Bill This SOP replaces SOP 98. It divides the Criminal Procedure Bill into the following six Bills:
SOP 204 Summary Offences (Tagging and Graffiti Vandalism) Amendment Bill This SOP adds a new Part 3 to this Bill. The new Part contains a single provision repealing the Manukau City Council (Control of Graffiti) Act 2008, which applies only within the district of the City of Manukau. That Act contains a number of provisions whose effect is similar to provisions in the Bill, which will apply throughout New Zealand. Bills Passed Third ReadingAuckland Domain (Auckland Tennis) Amendment Bill
Summary Offences (Tagging and Graffiti Vandalism) Amendment Bill Acts AssentedNone RegulationsTakeovers Code (Kerifresh Limited) Exemption Notice 2008 In CommitteeThe Commerce Select Committee continues to hear submissions on the Commerce Amendment Bill. The Education and Science, Finance and Expenditure, Foreign Affairs, Defence and Trade, Government Administration, Justice and Electoral, Law and Order, Local Government and Environment, Maori Affairs, Primary Production, Social Services and Transport and Industrial Relations Select Committees all heard evidence from various ministers about their vote allocations in May's budget. The Transport and Industrial Relations Select Committee heard submissions on the Holidays (Transfer of Public Holidays) Amendment Bill, which amends the Holidays Act 2003. The Bill would allow employees working shifts straddling a public holiday to transfer the public holiday to cover an entire shift.
|
|||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
IN CONSULTATION |
|||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
What's New
|
|||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
Similar Fact Evidence Private Security Personnel and Private Investigators Act 1974 Public Lending Right for Authors Bill Sale of Liquor Act Amendments |
|||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
Electoral Finance Act survives Court challenge Section 7 of the New Zealand Bill of Rights Act 1990 ("NZBORA") requires the Attorney General ("AG") to bring any Bill to the attention of Parliament if it appears to be inconsistent with the NZBORA. The applicants in Boscawen and Ors v Attorney General claimed that the Electoral Finance Bill was such a Bill and that the AG erred in failing to bring it to Parliament's attention. Various declarations were sought, including that the AG should recommend that the Bill be re-introduced. The High Court determined last Friday that exercise of the section 7 power was solely within the remit of Parliament and not a matter for the Courts. This reflects the constitutional principle of non-interference by the Courts in parliamentary proceedings and arguably places greater weight on freedom of speech and debate in the House than on the freedoms enshrined in the NZBORA. If section 7 was intended to provide a safeguard, this case confirms that it is a relatively weak one. The Court did, however, leave the door open for declarations of inconsistency under other provisions in the NZBORA but cautioned that where this remedy had been accepted overseas, explicit statutory powers authorised it. Human Rights trump ACC legislation Unlike the NZBORA, the Human Rights Act ("HRA") expressly enables "declarations of inconsistency" to be made. This power was introduced as a package of amendments in 2001. In Howard v Accident Compensation Corporation, the Human Rights Tribunal exercised the power for the first time declaring a provision in ACC legislation to be inconsistent with the right to freedom from discrimination. The effect of the impugned section was to stop vocational rehabilitation once superannuation was available, thereby amounting to age discrimination. The Minister for Accident Compensation, Maryan Street, must now report to Parliament on how to address the inconsistency (subject to any appeal by the Crown). Parliament is not compelled to remedy the legislation but, at the very least, there will be parliamentary debate around these issues. The Tribunal concluded that the breach of the right could not be justified despite the potential resource allocation implications. ACC pointed out that the cost of extending the rehabilitation for superannuation age claimants was in the region of $0.5 million to $1.2 million but the Tribunal felt that, in the context of the overall ACC scheme, these were minimal extra costs. The case demonstrates a willingness by the Tribunal to address and determine difficult social and economic issues and highlights the HRA as a credible mechanism for legislative challenge. Abortion group's concern shared by Court The Right to Life organisation has succeeded in part in its challenge of the Abortion Supervisory Committee's approach to overseeing the operation of the abortion law. In Right to Life New Zealand Inc v Abortion Supervisory Committee the Committee argued that it had no power under the relevant legislation to "review or oversee the clinical decision-making process". The Court disagreed with this interpretation and found the Abortion Supervisory Committee had applied the abortion law more liberally than Parliament had intended. In particular, the Committee could "scrutinise consultants' decisions as part of its role in keeping the procedure for authorising abortions under review". The issue was essentially one of statutory interpretation. Public interest groups should note that judges are more comfortable in this area than others e.g. when determining the merits of individual cases. This case illustrates the room for interest groups to challenge the performance of regulations without establishing a direct interest in the outcome. |
|||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
LinksThis
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:
|
|||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
© Russell McVeagh 2005. All rights reserved.