NEWS ON POLICY AND POLITICS
28 September, 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

The Natural Party of Sustainability?
Able presentations by Ministers Cullen, Parker and Anderton at last Friday's Auckland briefing on emissions trading resulted in a suspension of the scepticism that many might have been expecting over the Government's climate change policies. more...

CLIMATE CHANGE UPDATE

Please see our special edition of Watching Brief which details the Government's announcements of 20 September on the proposed emissions trading scheme and other initiatives. more...

IN OTHER NEWS

Leaders Forum Appointed to Advise on Emissions Trading
Thirty-one people representing business, agriculture and forestry, science and the environment, the union movement, NGO and core government agencies have been appointed to a high-level group to advise the government on emissions trading and related issues. more...

Waste Bill Recast
Last week saw the release of the long-awaited supplementary order paper on the Waste Minimisation (Solids) Bill. more...

IN PARLIAMENT

Bills Introduced more...

Trustee Amendment Bill
Evidence Amendment Bill (No 2)
Protected Disclosures Amendment Bill
Land Transport (Driver Licensing) Amendment Bill

Bills Before Select Committee more...

Open for submissions
Submissions closed

Bills Reported Back more...

Bills Passed Second Reading more...

Bills Not Proceeding more...

Supplementary Order Papers more...

SOP 149: Employment Relations (Flexible Working Arrangements) Amendment Bill
SOP 148: Employment Relations (Flexible Working Arrangements) Amendment Bill
SOP 146: Property Law Reform
SOP 145: Protection of Personal and Property Rights Amendment Bill
SOP 144: Aviation Security Legislation Bill
SOP 143: Copyright (New Technologies) Amendment Bill
SOP 142: Statutes Amendment Bill
SOP 139: Taxation (Annual Rates, Business Taxation, KiwiSaver, and Remedial Matters) Bill

Bills Passed more...

Acts Assented more...

Regulations more...

HEARINGS OF NOTE more...

LEGISLATION IN THE WINGS more...

IN CONSULTATION more...

-
What's New
-
Current

IN POLITICS

The Natural Party of Sustainability?

Able presentations by Ministers Cullen, Parker and Anderton at last Friday's Auckland briefing on emissions trading resulted in a suspension of the scepticism that many might have been expecting over the Government's climate change policies.  The view that the devil will be found in the detail was common with the largely business audience in attendance. But that reservation aside, the strategically placed bevy of officials will have been pleased by the generally positive reception given to the high level picture painted by the Ministerial trio.

Criticism will come as people do their sums, consider the implications for land-use and challenge the assumptions behind David Parker's world of electric cars.  But, unless trenchant, that criticism is unlikely to attract backing from National, which sees little political mileage in tackling Labour's emissions proposals and would prefer the hard yards of putting the scheme in place to have been done before the possibility of them taking office in 2008.

The limited likelihood of an election year stoush on climate change means that, of itself, the proposed emissions trading system will not be an election winner for the Government. But what the announcement does do is to reinforce with the electorate the view of Labour as the natural party of environmental and economic sustainability. It reflects a degree of strategic acumen on the part of the Government that National is still struggling to emulate. It could well be decisive, if not in 2008, then over the longer term.

 

CLIMATE CHANGE UPDATE

Please see our special edition of Watching Brief which details the Government's announcements of 20 September on the proposed emissions trading scheme and other initiatives - more here.

 

IN OTHER NEWS

Leaders Forum Appointed to Advise on Emissions Trading

Thirty-one people representing business, agriculture and forestry, science and the environment, the union movement, NGO and core government agencies have been appointed to a high-level group to advise the Government on emissions trading and related issues.

The advisory body - the Climate Change Leadership Forum - will report directly to Ministers of Finance and Climate Change. The members will be:

Member

Sector

Peter Clark
David Anderson

Forestry

Mike Peterson

Agriculture: sheep and beef

Henry van der Heyden
Charlie Pedersen

Agriculture: dairy

David Baldwin
Dr Keith Turner

Energy

Peter Griffiths
Rob Fyfe

Transport

Tom Campbell
Phil O’Reilly
Peter Neilson
Charles Finny

Industry

Helen Kelly

Union

Stephen Tindall
Nick Main
Julia Hoare
Mark Weldon

General Business, Markets, Finance

Sue Suckling

Science and business

Suzi Kerr
Bunny McDiarmid
Gary Taylor

NGO

Ian Buchanan

Local Government

Timi Te Heuheu
Apirana Mahuika

Māori

John Whitehead
Hugh Logan
Geoff Dangerfield
Murray Sherwin
Maarten Wevers
Alan Thompson

Central Government

The Forum will be led by businessman Stephen Tindall.

Waste Bill Recast

Last week saw the release of the long-awaited supplementary order paper on the Waste Minimisation (Solids) Bill.  The SOP involves a complete rewrite of the Bill to remove its more prescriptive elements and give better effect to putting some regulatory muscle behind voluntary industry waste management schemes.

However, whilst bans on certain types of waste and the need for mom and pop to draw up waste management plans have been jettisoned, the waste levy has not. Set at $10 a tonne (with the potential for review over time) the measure is intended to incentivise waste minimisation initiatives and provide funds for distribution to a variety of waste management initiatives.

Reflecting concerns about the hazardous wastes and the unresponsiveness of unspecified businesses to take steps to meet their perceived obligation to the environment, the SOP also provides for the identification of "priority products" for product stewardship schemes. The expectation is that the Minister and his officials will take a measured approach to the process, starting with hazardous waste and areas of poor waste performance and moving out from there.

Officials have indicated that in the weeks immediately following the passing of the revised Bill, a list of proposed priority products will be published for consultation by the affected industries and the public at large.

 

IN PARLIAMENT

Bills Introduced

Trustee Amendment Bill
Type of Bill: Government
Member in Charge: Hon Clayton Cosgrove

This Bill amends the Trustee Act 1956 following recommendations made by the New Zealand Law Commission in its report "Some Problems in the Law of Trusts".  It also contains related amendments to the Administration Act 1969, District Courts Act 1947, and Wills Act 1837 (UK).

Evidence Amendment Bill (No 2)
Type of Bill: Government
Member in Charge: Hon Mark Burton

The Bill makes an amendment to section 106(4) of the Evidence Act 2006 to remove the ability of a lawyer for each party to a proceeding to receive a copy of any video record evidence that is offered as alternative evidence.

Protected Disclosures Amendment Bill
Type of Bill: Government
Member in Charge: Hon Annette King

This Bill is designed to give the Ombudsmen an enhanced advice, review, and investigator role in relation to disclosures of serious wrongdoing, with the Office of the Ombudsmen facilitating a collaborative cross-agency approach. 

Land Transport (Driver Licensing) Amendment Bill
Type of Bill: Government
Member in Charge: Hon Peter Dunne

The purpose of this Bill is to raise the minimum driver licensing age from 15 years to 16 years, and to extend the length of the learner licensing period from six months to 12 months.

Bills Before Select Committee

Auckland Regional Amenities Funding Bill
Misuse of Drugs (Classification of BZP) Amendment Bill
Securities (Local Authority Exemption) Bill
Statutes Amendment Bill (No 2)

Open For Submissions

Bill Select committee Submissions close Report due
Auckland Regional Amenities Funding Bill Local Government and Environment 5 November 18 March 2008
Broadcasting Amendment Bill Commerce 26 October 5 March 2008
Family Court Matters Bill Social Services 29 October 3 March 2008
Gambling Amendment Bill Government Administration 12 October 21 February 2008
Immigration Bill Transport & Industrial Relations 12 October 15 February 2008
Limited Partnerships Bill Commerce 5 October 3 December
Misuse of Drugs (Classification of BZP) Amendment Bill Health 12 October 15 November
Securities (Local Authority Exemption) Amendment Bill Commerce 2 November 11 March 2008
Statutes Amendment Bill Government Administration 9 November 19 March 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 31 October
Building Amendment Bill Social Services 5 November
Corrections (Mothers With Babies) Amendment Bill Law & Order 21 November
Criminal Proceeds (Recovery) Bill Law & Order 26 October
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
Human Tissue Bill Health 1 October
Human Tissue (Organ Donation) Amendment Bill Health 1 October
Marine Reserves (Consultation with Stakeholders) Amendment Bill Local Govt & Environment 14 December
Marine Reserves Bill Local Govt & Environment 14 December
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
Principles of the Treaty of Waitangi Deletion Bill Justice & Electoral 21 December
Regulatory Responsibility Bill Commerce 16 January 2008
Resource Management (Climate Protection) Amendment Bill Local Government & Environment 1 November
Sale of Liquor (Youth Alcohol Harm Reduction) Amendment Bill
Law & Order 20 October
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
Terrorism Suppression Amendment Bill Foreign Affairs, Defence & Trade 28 September
Treaty of Waitangi (Removal of Conflict of Interest) Amendment Bill Justice & Electoral 16 January 2008
Waste Minimisation (Solids) Bill Local Govt & Environment 31 October
Young Offenders (Serious Crimes) Bill Law & Order 30 November

Bills Reported Back

Armed Forces Law Reform Bill
New Zealand Bill of Rights (Private Property Rights) Amendment Bill

Bills Passed Second Reading

Health (Drinking Water) Amendment Bill
Agricultural Compounds and Veterinary Medicines Amendment Bill

Bills Not Proceeding

Minimum Wage and Remuneration Amendment Bill - not recommended for passing
Palmerston North Reserves Empowering Amendment Bill - withdrawn

Supplementary Order Papers

SOP 149: Employment Relations (Flexible Working Arrangements) Amendment Bill
Member: Sue Kedgley
Type: Substantive amendment

This SOP creates a new section 69AAJ to insert the following subsection:

"(2A) The report will include recommendations in relation to whether the provisions of this Part should extend to all employees."

SOP 148: Employment Relations (Flexible Working Arrangements) Amendment Bill
Member: Hon Ruth Dyson
Type: Substantive amendment

This SOP amends the Employment Relations (Flexible Working Arrangements) Amendment Bill.  The SOP amends clause 3; inserts new sections via clause 6A (new sections 69AAA, 69AAB, 69AAC, 69AAE, 69AAF, 69AAH, and 69AAI), and clause 7.

SOP 146: Property Law Reform
Member: Hon Clayton Cosgrove
Type: Substantive amendment

This SOP sets out the technical amendments to the Property Law Bill.  In particular, clause 4 is amended so that proprietor, as that term is used in clauses 294A and 310A in relation to an access lot, means a registered proprietor of:

  • (not a share or shares in, or part of, the access lot, but instead) 1 or more undivided shares in the access lot; and
  • 1 or more of the allotments served by the access lot.

A number of clauses are amended to clarify the meaning of the provisions.  These clauses include:

  • Clause 60(2) (commencement of leases);
  • Clauses 151, 153, and 184 (transitional provisions);
  • Clause 197 (duties of the Registrar-General of Land to discharge subsequent mortgages and encumbrances);
  • Clause 267A (minor drafting amendment);
  • Clause 294 (covenants);
  • Clause 313(1) (record orders); and
  • Clause 18(b) of Part 1 of Schedule 2 (performance obligations secured by the mortgage).

Further, various provisions are amended to reflect changes from other Acts including:

  • Insolvency (Cross-border) Act 2006; and the
  • Protection of Personal and Property Rights Amendment Act 2007.

SOP 145: Protection of Personal and Property Rights Amendment Bill
Member: Hon Ruth Dyson
Type: Substantive amendment

This SOP amends the Protection of Personal and Property Rights Amendment Bill.  The proposed amendments to clauses 7 and 8 clarify the relationship between section 94A (which specifies the requirements for creating an enduring power of attorney) and section 95 (which sets out when a power of attorney is an enduring power of attorney) of the Protection of Personal and Property Rights Act 1988 ("the principal Act").

The proposed amendment to clause 15 corrects an oversight in new section 100A of the principal Act.  New section 100A enables a donor of an enduring power of attorney who has been, but is no longer, mentally incapable to suspend the attorney's authority to act under the power.  An attorney whose authority is suspended may not act under the power of attorney unless a relevant health practitioner has certified that the donor is mentally incapable again.  The amendment ensures that the Court's determination, if any, of the donor's mental incapacity is taken into account for the purposes of new section 100A.

SOP 144: Aviation Security Legislation Bill
Member: Hon Harry Duynhoven
Type: Motion to divide Bill

This SOP divides the Aviation Security Legislation Bill into the following two Bills:

  • The Aviation Crimes Amendment Bill; and
  • The Civil Aviation Amendment Bill.

SOP 143: Copyright (New Technologies) Amendment Bill
Other Member: Gordon Copeland
Type: Substantive amendment

This SOP amends the Copyright Act 1994 to replace section 88 of that Act with a new provision that also permits the satellite re-transmission of free-to-air television broadcasts.  At present section 88 permits only the cable re-transmission of free-to-air television broadcasts.  There is no good reason for section 88 to be limited in this way.

This SOP also makes consequential amendments to sections 148 and 189 of the Copyright Act.

SOP 142: Statutes Amendment Bill
Member: Hon Clayton Cosgrove
Type: Proposed motion to divide Bill into 50 Bills.

This SOP divided the Bill into 50 Bills including:
Animal Products Amendment Bill; Armed Forces Discipline Amendment Bill; Biosecurity Amendment Bill (No 2); Broadcasting Amendment Bill (No 2); Building Societies Amendment Bill; Care of Children Amendment Bill; Charitable Trusts Amendment Bill; Children, Young Persons, and Their Families Amendment Bill (No 5); Civil Union Amendment Bill; Companies Amendment Bill (No 3); Cook Islands Amendment Bill; Corporations (Investigation and Management) Amendment Bill; Defence Amendment Bill (No 2); Education Amendment Bill (No 2); Electricity Amendment Bill (No 2); Energy (Fuels, Levies, and References) Amendment Bill; Engineering Associates Amendment Bill; Family Courts Amendment Bill; Fencing of Swimming Pools Amendment Bill; Films, Videos, and Publications Classification Amendment Bill; Friendly Societies and Credit Unions Amendment Bill (No 2); Gas Amendment Bill (No 2); Hazardous Substances and New Organisms Amendment Bill; Health and Disability Commissioner Amendment Bill; Human Assisted Reproductive Technology Amendment; Human Rights Amendment Bill; Industrial and Provident Societies Amendment Bill; Land Transport Amendment Bill (No 3); Lawyers and Conveyancers Amendment Bill; Legal Services Amendment Bill (No 3); Local Government Act 2002 Amendment Bill (No 2); New Zealand Superannuation and Retirement Income Amendment Bill (No 2); Niue Amendment Bill; Personal Property Securities Amendment Bill (No 2); Privacy Amendment Bill (No 2); Racing Amendment Bill (No 2); Radiocommunications Amendment Bill (No 3); Reserve Bank of New Zealand Amendment Bill (No 2); Resource Management Amendment Bill; Retirement Villages Amendment Bill (No 2); Securities Amendment Bill (No 2); Securities Transfer Amendment Bill; Social Welfare (Transitional Provisions) Amendment Bill; State Sector Amendment Bill; Status of Children Amendment Bill; Tokelau Amendment Bill; Trade in Endangered Species Amendment Bill; Volunteers Employment Protection Amendment Bill.

SOP 139: Taxation (Annual Rates, Business Taxation, KiwiSaver, and Remedial Matters) Bill
Member in Charge: Hon Peter Dunne
Type: Substantive amendment

This SOP amends the Taxation (Annual Rates, Business Taxation, KiwiSaver, and Remedial Matters) Bill.  It contains an amendment to the KiwiSaver Act 2006 to require KiwiSaver and complying fund providers to disclose their approach to responsible investment, effective on (and from) 1 April 2008.

Bills Passed

Arbitration Amendment Bill
Aviation Security Bill is divided into:

  • Aviation Crimes Amendment
  • Civil Aviation Amendment Bill

International Finance Agreements Amendment Bill
Property Law Bill
Protection of Personal and Property Rights Amendment Bill
Statutes Amendment Bill (as divided into separate Bills noted above)

Acts Assented

Independent Police Conduct Authority Amendment Act 2007
Minimum Wage (New Entrants) Amendment Act 2007

Regulations

Takeovers Code (Utilico Limited) Exemption Notice (No2) 2007
Local Government Elected Members (Interim) Determination 2007
Fisheries (Kaipara Harbour Temporary Closure) Notice 2007
Social Welfare (Reciprocity with the Netherlands) Amendment Order 2007
Unsolicited Electronic Messages Regulations 2007
Securities Act (NZX Issuers) Exemption Notice 2007
State-Owned Enterprises (Asure New Zealand Limited) Order 2007
Securities Amendment Regulations 2007
Financial Reporting Act (Overseas Companies) Exemption Notice 2007
Securities Act (Mt Pisa Developments) Exemption Notice 2007
Securities Act (Extension of Term, Amendment, and Revocation of Certain Exemptions) Exemption Notice 2007 2007/278 Securities Act (Equity Warrant Issuers) Exemption Amendment Notice 2007
Securities Act (Building Societies) Exemption Amendment Notice 2007

 

HEARINGS OF NOTE

The Commerce select committee continues to hear submissions on the Regulatory Responsibility Bill.
 
The Justice and Electoral select committee continues to hear evidence on the Electoral Finance Bill.  There is strong opposition to the Bill, with a number of submitters focusing on the lack of consultation, the Bill's third party provisions and restrictions on free speech.  The Prime Minister has signalled that she is aware of the concerns and expects an improved Bill to come out of the select committee process.
 
The Local Government and Environment select committee has considered a supplementary order paper proposed to substantially replace the Waste Minimisation (Solids) Bill.  The Government has developed this paper in agreement with the Bill's sponsor, Nandor Tanczos.  Amendments include renaming the Bill as the Waste Minimisation and Resource Recovery Bill.

 

LEGISLATION IN THE WINGS

Climate Change - Emissions Trading Scheme
Legislation establishing the new domestic emissions trading scheme is expected to be introduced before the end of the year.  The Government will be engaging in further consultation with the forestry and liquid fossil fuels sectors in particular over the next few months given that the new scheme will place obligations on them over the next two years.

Driving Age
The Government has announced the introduction of the Land Transport (Driving Licensing) Amendment Bill which lifts the age of eligibility for obtaining a driver's licence to 16.  The Bill will also extend the learner licensing period from 6 months to one year.  The Bill's first reading is expected in mid-October.

Review of War Pensions Act 1954
The Prime Minister has advised that the War Pensions Act 1954 is to be reviewed as the statute's content and structure are no longer a good fit with current circumstances.

Resale Royalties for Artists
A Bill is to be drafted following the consultation process earlier this year on resale royalties for visual artists.

 

IN CONSULTATION

What's New

AGENCY ISSUE SUBMISSIONS CLOSE ON...
(2007)
ACC ACC Levy Consultation 2008/09 10 October
Climate Change (cross-sector) Engagement on Climate Change Proposals (regional workshops and sector initiatives) 31 October
Commerce Commission Telecommunications - Unbundled Bitstream Access 26 September
Economic Development, Min of

Fixed wireless access: allocation of Crown-retained spectrum at 3.5 GHz

12 October

Electricity Commission

Load management and value pricing

Model use of system agreements

Reconciliation participant and distributor auditor guidelines

26 October

26 October

2 November
Health, Min of

Mental Health and Addictions

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

12 October

3 December

IRD Emissions Trading Tax Issues 28 October (forestry) and 30 November (general)
Land Information NZ Standard for verification of identity for registration under the Land Transfer Act 1952 17 October
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 14 November



Current

RELEASED BY... ISSUE SUBMISSIONS CLOSE ON...
Building and Housing, Dept of Building Code Review 2007

28 September

Conservation, Dept of

Marine Protected Areas Policy and Implementation Plan;

MPA Protection Standard and Classification System

Draft West Coast Te Tai o Poutini Conservation Management Strategy

Draft Hector's and Maui's dolphin Threat Management Plan

Westland Tai Poutini National Park Management Plan Amendment

Seal lion Population Management Plan;

Species Management Plan

30 September


30 September

5 October


24 October


26 October


29 October

29 October
Economic Development, Ministry of

Telecommunications Service Obligations Regulatory Framework

Proposed changes to minimum flow regimes in Canterbury rivers

Improving regulation of environmental effects in NZ’s Exclusive Economic Zone

Bioprospecting - Harnessing Benefits for NZ: A Policy Framework Discussion

29 September


30 September


5 October


12 October

Education, Min of Ka Hikitia - Managing for Success: The draft Māori Education Strategy 2008-2012 31 October
Electricity Commission Electricity Market Compliance Framework Review 1 October
Environment, Min of Improving regulation of environmental effects in NZ’s Exclusive Economic Zone 30 September
Fisheries, Min of

Operational plan for the 2007-08 squid fishery operating around the Auckland Islands

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

1 October


3 November

Food Standards Australia NZ Amendments to animal products regulations (export exemptions, offences and game estates) 28 September
Intellectual Property Office Broad Specifications - Trade Mark Practice Guidelines 30 September
IRD

GST - apportioning supplies

GST - Lottery operators and promoters

30 September

31 October
Land Information NZ Cadastral survey options for creation & editing of survey & title plans in Landonline 28 September

 


Links


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]

If you would like to unsubscribe from this newsletter click here.
© Russell McVeagh 2005. All rights reserved.