NEWS ON POLICY
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IN POLITICS A matter of opinion IN THE NEWS Discussion document released on ecological flows and water levels NPS on Electricity Transmission Government Stance on Forestry Carbon Price Negotiations PROGRESS OF LEGISLATION Bills Introduced/Awaiting First Reading more... Commerce Amendment Bill Bills Open for Submissions more... Bills Reported Back / Awaiting Second Reading more... Bills Delayed 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 Reports on proceedings of the Committees on Health, Justice and Electoral, Transport and Industrial Relations, Finance and Expenditure, Local Government and Environment, and Commerce more... LEGISLATION IN THE WINGS more... IN CONSULTATION more...
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A matter of opinion…Speaking to the National Press Club in Wellington, John Key took the question of National's position on the role place and size of the state sector, head on. The risk he faced in doing so was one of handing the government a stick to beat him with, particularly at a time when the media seemed keen to get some licks in of its own. Certainly, the Prime Minister's hair-trigger readiness to link National's calls for tax cuts with cuts in public services had given National's strategists pause. Against that backdrop, calls for a halt to the steady growth of the core public service were sure to be held out as evidence of National's dark intention to make the holes in the nation's safety net of public services a lot larger. And so it proved. But the fact that Key's message coincided with revelations of a forthcoming spend-up on what looked like a world trip for Parliament's retirees, took more than a little shine off the government's scare mongering. Evidence of a right wing conspiracy was made even harder to come by as a result of Key's singular focus on Wellington bureaucracies. Playing to the widely held perception - even amongst senior state servants - that Wellington was awash with badly targeted cash, Key pointed out that a dollar spent on chair warmers in the capital was a dollar not spent on front-line services. It was message that will resonate with those living outside Wellington's beltway - not least in Auckland. The citizen-government relationship might be the stuff of many a fuzzy departmental statement of intent, but as the sector's own research shows, it is looked upon more cold-bloodedly by those more interested in the state being there when it's needed and up to the job.
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| IN THE NEWS | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
Discussion document released on ecological flows and water levelsThe Ministry for the Environment has released a Proposed National Environmental Standard on Ecological Flows and Water Levels for public comment. The proposed NES is part of the Sustainable Water Programme of Action and is intended to complement and enhance the existing Resource Management Act process for establishing environmental flows and water levels through regional plans. The specific objectives of the NES will be to:
Commenting on the document's release, Environment Minister Hon Trevor Mallard observed that the future health of the nation's rivers and lakes depended on greater consistency in the way in which demands on water are managed. "The standard proposes that interim limits be imposed for regional plans which do not already place limits on the alteration to flows and water levels," Mr Mallard said. He added that if the levels of rivers, groundwater systems, lakes and wetlands run too low it can put fish and plant life at risk and make them less enjoyable. The discussion document is available on www.mfe.govt.nz. The submissions process will begin on 29 March and close on 31 July 2008. NPS on Electricity TransmissionA National Policy Statement on Electricity Transmission was released by the Government this month, and will take effect from 28 days after notification in the New Zealand Gazette. The Statement provides guidance to local government for the management and future planning of the national grid. It requires decision makers to consider the national significance of a reliable and secure electricity supply, as well as any adverse environmental effects, in the assessment of proposals affecting New Zealand's national grid. In introducing the Statement, Trevor Mallard made clear that its main purpose is "to make it explicit that electricity transmission is a matter of national significance under the Resource Management Act in order to meet the electricity needs of present and future generations of New Zealanders". The Government is also preparing a National Policy Statement on Renewable Electricity Generation, covering energy produced from solar, wind, hydro, geothermal, biomass, tidal, and wave and ocean current sources. A board of inquiry will be charged with the development of this statement. The two policy statements are key elements for the Government in its pursuit of the National Energy Strategy, with its goal of 90% renewable energy by 2025. Government Stance on Forestry Carbon Price NegotiationsCarbon News, a new daily online intelligence service for the carbon markets, states that the Government is pleading with its Kyoto Protocol partners to introduce forest offsetting to the rules covering the second commitment period from 2012 to 2025. Currently under the Kyoto Protocol no carbon charges will be levied if the landowner immediately replants a harvested pre-1990 forest. Carbon News, quoting a "well-placed source", claims New Zealand is calling for pre-1990 forests to be allowed to be cleared at no carbon cost, provided a similar amount of new forest is planted elsewhere. The news service suggests this stance has been formulated partly in response to the demands of the climate lobby group, the Flexible Land Use Alliance. However, Carbon News goes on to say that New Zealand is alone in this cause and its chances of influencing international opinion are remote. Negotiations on changes to the Kyoto Protocol are under way and are expected to be finalised by the end of 2009.
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PROGRESS OF LEGISLATION |
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Bills Introduced/Awaiting First ReadingCommerce Amendment Bill This Bill proposes fundamental reform of the regulatory control provisions of the Commerce Act 1986. Amendments are made to Parts 4, 4A, 5 and 6 of the Act. Part 4 of the Act has generic provisions enabling price and quality control to be imposed where competition is limited and control would be in the interests of acquirers. The Bill introduces a purpose statement specifically for this Part of the Act to give clearer guidance to the courts and to the regulator that the aim of regulation is to promote investment, in balance with preventing the exercise of market power in non-competitive markets. Regulations proposed include a requirement for the Commerce Commission to clearly set out the regulatory rules (input methodologies) applying to regulated businesses by 30 June 2010. The Bill gives the Commerce Commission powers to impose information disclosure requirements, default/customised price paths, and negotiation/arbitration regimes on regulated businesses. It specifically sets a default/customised price path regime for electricity lines and gas pipelines, and enhanced information disclosure regulation for the three major airport companies (Auckland, Wellington and Christchurch). Certain consumer-owned lines businesses will also be subject to information disclosure requirements under this Bill. The Bill extends the Court's jurisdiction to cover applications for certain orders and breaches of regulatory requirements. These replace current powers that enable the Commission to impose penalties and remedies without reference to the courts The Bill also provides a power of search for the purpose of determining whether there has been a contravention of the Act and creates offences relating to the Commission's enforcement powers. Amendments are made to various privileges under the Act. Family Proceedings (Paternity Orders and Parentage Tests) Amendment Bill The purpose of this Bill is to enable a man who has reasonable grounds to believe he either is or is not the father of a child to make an application for a paternity order. The Bill also empowers the Family Court to order a buccal sample (a cheek swab which can be tested for DNA) be taken from a child whose parentage is at issue or from any person who may be the natural parent so that a parentage test can be carried out in respect of that child. Bills At Select CommitteeNone
Bills Reported Back / Awaiting Second ReadingBiosecurity and Hazardous Substances and New Organisms Legislation Amendment Bill Bills DelayedThe following Bills have been delayed:
Bills Passed Second Reading / Awaiting Third ReadingCopyright (New Technologies) Amendment Bill Second Reading NegativedNone Supplementary Order PapersSOP 186 Statutes Amendment Bill (No 2) This SOP divides the Statutes Amendment Bill (No 2) into 14 separate Bills. The Statutes Amendment Bill (No 2) was an omnibus Bill consisting entirely of amendments to different Acts. This SOP separates that Bill into Bills specific to those different Acts. They are the Biosecurity Amendment Bill, the Cadastral Survey Amendment Bill, the Crimes Amendment Bill, the Criminal Investigations (Bodily Samples) Amendment Bill, the District Courts Amendment Bill, the Fisheries Amendment Bill, the Historic Places Amendment Bill, the Misuse of Drugs Amendment Bill, the National Parks Amendment Bill, the New Zealand Horticulture Export Authority Amendment Bill, the Radiocommunications Amendment Bill, the Reserves Amendment Bill, the Summary Proceedings Amendment Bill, and the Veterinarians Amendment Bill. SOP 185 Social Assistance (Debt Prevention and Minimisation) Amendment Bill This SOP divides the Social Assistance (Debt Prevention and Minimisation) Amendment Bill into three Bills:
SOP 184 Social Assistance (Debt Prevention and Minimisation) Amendment Bill This SOP sets out drafting amendments to the Social Assistance (Debt Prevention and Minimisation) Amendment Bill. The amendments simplify references to sentences of imprisonment, omit references to corrective training (removed by the Sentencing Act 2002), and correct an erroneous cross-reference. SOP 183 Manukau City Council (Control of Graffiti) Bill This SOP amends the Manukau City Council (Control of Graffiti) Bill to remove inconsistencies between the wording and substance of clauses 6, 7, and 10 of the Bill and the recently introduced Government Bill, the Summary Offences (Tagging and Graffiti Vandalism) Amendment Bill. It also makes consequential amendments reflecting these changes. It is considered undesirable to have two laws creating inconsistently worded offences on exactly the same topics. SOP 182 Manukau City Council (Control of Graffiti) Bill This SOP amends the Manukau City Council (Control of Graffiti) Bill to require that retailers of spray paint cans secure cans of spray paint so that members of the public cannot access them without the assistance of the seller or his or her employee or agent. A new commencement clause delays the commencement of this provision for three months so that affected retailers have time to alter their retail premises to comply with the Act. This SOP also removes a clause requiring persons detained for an offence under the Act to provide their name, address, and the address and whereabouts of others who may be connected with the offence. This clause appeared to infringe section 23(4) of the New Zealand Bill of Rights Act 1990, where any person detained for an offence or a suspected offence has the right to refrain from making a statement. SOP 181 Misuse of Drugs (Classification of BZP) Amendment Bill This SOP amends the Misuse of Drugs (Classification of BZP) Amendment Bill to require that the effects of the reclassification of BZP be monitored by the Expert Advisory Committee on Drugs. This Committee must present a report to the House of Representatives within a specified time. The SOP was introduced because of the great concern from submitters and the select committee as to the effect of the reclassification of BZP as a controlled drug. There is a widespread view that action against illicit drug use should be based on evidence. SOP 180 Misuse of Drugs (Classification of BZP) Amendment Bill This SOP amends the Misuse of Drugs (Classification of BZP) Amendment Bill to:
Bill Passed Third ReadingAppropriation (2006/07 Financial Review) Bill Acts AssentedLimited Partnerships Act 2008 RegulationsAviation Crimes Amendment Act 2007 Commencement Order 2008 In CommitteeThe Health Committee is considering submissions on the Public Health Bill. Many submitters have focussed on the non-communicable diseases provisions of the Bill, including advertising restrictions. The Justice and Electoral Committee continues to hear submissions on the Real Estate Agents Bill. Issues considered include the independence from the Government of the proposed new Real Estate Agents Authority, why agent vicarious liability and the property management sector have not been included in the Bill, how competence requirements will be set, and trans-Tasman mutual recognition issues. Submitters include the Real Estate Institute of New Zealand (REINZ), the REINZ Industry Training Organisation, the Commercial and Industrial Property Group, Colliers International New Zealand Ltd, and the Auctioneers Association of New Zealand. The Transport and Industrial Relations Committee continues to hear submissions on the Public Transport Management Bill, the Land Transport Amendment Bill (No 4), and the Land Transport Management Amendment Bill. The Committee is now hearing submissions on the Industry Prevention, Rehabilitation, and Compensation Bill (No 2), including on issues such as ACC cover for mental injury, vocational rehabilitation, and case manager discretion. The Finance and Expenditure Committee continues to hear submissions on the Reserve Bank Amendment Bill (No 3). Issues considered include capital requirements, credit ratings, and the definition of 'deposit taker'. The Local Government and Environment Committee continues to hear submissions on the Biofuel Bill. Issues considered include the fast timetable, operational risks associated with biofuels, and increased fuel costs. The Commerce Committee continues to hear submissions on the Companies (Minority Buy-out Rights) Amendment Bill. Issues considered include share valuation methodology, dissenting shareholder and general creditor rankings, and the passing of share title from shareholder to company. The Committee also continues to consider the Electricity Industry Reform Amendment Bill.
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Unit Titles Bill Cabinet has agreed to a Unit Titles Bill, which will replace the Unit Titles Act 1972. Misuse of Drugs Act 1975 The Law Commission has released information about the review it has been asked to undertake concerning the Misuse of Drugs Act 1975. To view the terms for reference for the review, see www.lawcom.govt.nz/ProjectTermsOfReference.aspx. It is not intended that the Commission will make recommendations with respect to the regulation of alcohol or tobacco.
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IN CONSULTATION |
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What's New
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| RELEASED BY ... | ISSUE | SUBMISSIONS
CLOSE ON... (2007) |
| Building & House - Dept of | Timber treatment survey | 14 April |
| Economic Development - Min of | Draft Government Policy Statement on Electricity Governance | 4 April |
| Environment - Min of | National Water Environment Standard | Submissions sought from 29 March |
| Fisheries - Min of | Review of Regulatory and other Management Controls | 23 April |
| Health - Min of | National Strategic Plan of Action for Breastfeeding | 2 May |
| Labour - Dept of | Proposed Changes to the Scale of Payments made under the ACC Review Costs and Appeals Regulations | 18 April |
Current
| RELEASED BY... | ISSUE | SUBMISSIONS CLOSE ON... |
| Biosecurity NZ | Draft Standard for Low Security Farm Animal Transitional Facilities | 4 April |
| Commerce Commission | Next Generation Networks – Terms of Reference | 28 March |
| Conservation - Dept of | Proposed new conservation park - Ka Whata Tu O Rakihouia Threatened status of NZ birds - current list to be updated |
2 April 1 May |
| Culture and Heritage - Min of & Economic Development - Min of | Digital Broadcasting: Review of Regulation Broadcasting and New Digital Media: Future of Content Regulation |
4 April 4 April |
| Education - Min of & Te Puni Kokiri | Te Marautanga o Aotearoa | 22 April |
| IRD | Disputes Resolution Process Commenced by a Taxpayer | 4 April |
| Labour - Dept of | Restructuring and Redundancy Law (contact r&[email protected]) | 20 April |
| Maritime NZ | Draft navigation plans - Wairau River; Lake Brunner | 31 March |
| Transpower | Pole 1 | 4 April |
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© Russell McVeagh 2005. All rights reserved.