NEWS ON POLICY
AND POLITICS |
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IN POLITICS Maurice Who? IN THE NEWS Minister determined to pass Financial Advisers Bill Fast track for Climate Change Bill Broadband Investment Fund details Developments in franchise law A Ministry Of Economic Development discussion paper (Review of Franchising Regulation) has raised the question of whether the legal framework around franchising needs to be changed to provide more protection to franchisees. more...IN THE COURTS Access to Information Trumps Privacy more... PROGRESS OF LEGISLATION Bills Introduced/Awaiting First Reading more...
Bills Referred to Select Committee
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...
LEGISLATION IN THE WINGS more...
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Maurice Who?The week began with every sign that self-styled 'enthusiast' Maurice Williamson had delivered an historic fourth term to the Labour party. It ended with Helen Clark tainted by her failure to assert principle over politics and National's John Key having taken not just a gamble, but a quantum leap in the country's leadership stakes. In between came damaging revelations from political donor Owen Glenn, the launch of an inquiry by the Serious Fraud Office into the financial affairs of New Zealand First and its combative leader, and a refusal by National to enter coalition with Winston Peters, even at the cost of forming a Government. The high drama - and Key's decisive handling of the political moment - injected new morale into a National Party that had, only days before, felt itself mortally wounded by Williamson's lack of judgement and the substance given the Prime Minister's claims of secret agendas. But as positive as developments were for National, they only distracted from - rather than erased - the appearance of political indiscipline that has persisted in the face of Key's palpable irritation and Party repeated injunctions to its MPs to get their act together. That indiscipline remains National's Achilles' heel. It is a weakness that has helped deliver up at least one negative election result for National in the past and was shaping up, until last week anyway, to do so again. What is different now - perhaps irrevocably so - is the damage that events have done to Labour's credibility. The revelation that it has a secret agenda of its own has undercut the Prime Minister's ability to point an accusing finger at National, while the moral authority that Key has stamped on his leadership has eclipsed that of Clark, who is now open to accusations that she has been prepared to seek power at any price. Also different is Key's demonstration of political maturity and judgment. He looks and sounds like a guy that you wouldn't mind having at the end of the phone when the crisis call comes in. If rewarded for that at the polls, his capacity to make early adjustments to National's front bench - rather than waiting for the Party's old guard to volunteer themselves out of Cabinet after a face-saving couple of years - will be enhanced. Even if Peters is vindicated by the Privileges Committee and the SFO, Key can at least be praised for refusing to engage in a game of political trade-offs that has too often seen the tail wag the dog. He has also delivered an unequivocal message to the electorate: a vote for New Zealand First is a vote for Labour. The election is not his yet, but the outcome looks happier for him than it did a week ago. |
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| IN THE NEWS | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
Minister determined to pass Financial Advisers BillLate last week the Minister of Commerce, Hon Lianne Dalziel MP, expressed her determination to see the Financial Advisers Bill passed by Parliament before the election. In the last Watching Brief we summarised the changes proposed to the Bill in a second interim report issued by the Finance and Expenditure Select Committee. In short, the Bill now proposes central Government regulation of the financial advice industry via the Securities Commission, as opposed to the co-regulatory model contained in the original Bill. Ms Dalziel said some in the financial advice industry wanted a slower pace on the Bill's progress. However, she responded that "…for every call for restraint from the sector there are dozens of investor voices clamouring for changes…and the sooner the better." The Bill needs to pass as soon as possible, contends Ms Dalziel, so that the Securities Commission can begin consulting with the financial advice industry as soon as possible about the details of the regulation that will follow. Delay now would "waste up to six months", according to the Minister. Fast track for Climate Change BillThe Government's flagship climate change legislation is on track to be passed before the election. After months of negotiation, Labour Ministers have made deals with New Zealand First and the Greens which will ensure that there will be a majority of votes for the Bill setting up the divisive emissions trading scheme ("ETS"). The Government is taking ownership of the new provisions inserted into the Bill as the price of support from the minor parties. They include a $1 billion Green Party initiative to insulate homes and make them more energy efficient and two NZ First measures that will deliver a one-off rebate on power bills in 2010 and cash payments for people on low incomes, pensioners and those receiving Working for Families tax credits. The National Party is opposing the Bill and says it will change the ETS if it wins the election. Generally, the Government's legislative agenda remains full. A slew of new Bills are still entering the system, with Leader of the House Hon Dr Michael Cullen announcing forthcoming legislation to deal with the Government's Deed of Settlement with Taranaki Whanui. There are 36 bills going to second readings or heading to Committee stage which have a chance of passing into law pre-election. There are also 14 Members' Bills, which are unlikely to make it through the House pre-election. Then there are eight Bills, still at Select Committee, which have looming report back dates and could theoretically make it through into law pre-election. Accordingly, we will likely see a legislative maelstrom in the coming weeks as the curtains close on New Zealand's 48th Parliament. Broadband Investment Fund detailsApplications are now open for the Government's $340 million Broadband Investment Fund. The Broadband Investment Fund ("BIF") contains $325 million operating and $15 million capital funding available over a maximum of five years to build New Zealand's broadband infrastructure. It is a key part of the Government’s Digital Strategy 2.0 package of over $500 million. Government contribution to infrastructure projects will be weighted according to the type of project, with the maximum contribution being 50 per cent for Layer Zero (ducting and fibre) projects. For Layer One projects (ducting or fibre) the maximum contribution will be 33 per cent, and Layer Two (ethernet or other bearer services) the maximum will be 10 per cent. $75 million of the funding will be for projects targeting rural broadband. Mr Cunliffe said that a Labour Government would be spending about $1b over 10 years in a "contestable bottom up process". Mr Cunliffe believes that will stimulate between $1b and $1.5b investment over the next four years. Applications for funding close September 30. Developments in franchise lawA Ministry Of Economic Development discussion paper (Review of Franchising Regulation) has raised the question of whether the legal framework around franchising needs to be changed to provide more protection to franchisees. At present, there is no specific law governing franchising. Franchise agreements are subject to a range of generic laws including contract law, intellectual property law, consumer law and competition law. There is also a degree of self-regulation in business format franchising, through the Franchise Association of New Zealand, a non-profit body that requires its members to follow a Code of Practice and a Code of Ethics. The Ministry has proposed a number of options, including introducing franchise-specific legislation. This might include:
Possible institutional arrangements could include a co-regulatory regime and a public enforcement regime. Submissions on this paper close on 21 November. |
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| IN THE COURTS | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
Access to Information Trumps PrivacyDirector of Human Rights v Commissioner of Police In August French J considered an appeal against a decision of the Human Rights Appeal Tribunal brought by the Director of Human Rights. The case considered the release by the Police of information relating to a "POL 400 Family Violence Report". The report recorded a formal caution by the Police against Mr X who lived with Ms Y and Ms Y's children. The report included who was present at the incident and what was done there. The Police released the POL 400 report to the former husband of Ms Y who was also the father of Ms Y's children. Ms Y's former husband requested the report under the Official Information Act 1981 ("OIA"). Mr X complained that the Police breached his privacy under Principle 11 (contained in section 6) of the Privacy Act 1993. Section 7(1) of the Privacy Act, however, limits the application of Principle 11 to the extent that any other enactment "authorises or requires personal information to be made available." French J discussed the purpose of the OIA, noting that an agency holding information can only withhold information on a limited number of grounds. Her Honour also noted that while someone can complain to the Ombudsman about a decision to withhold information requested under the OIA, no one can complain to the Ombudsman about information released under the OIA which should have been exempt from disclosure. French J dismissed the Director of Human Rights' appeal. She held that no criminal or civil claim could lie against the Policy because section 48 of the OIA grants immunity to anyone who makes official information available in good faith when requested to do so under the OIA. Her Honour noted that Parliament enacted the Privacy Act 12 years after the OIA. Had Parliament wanted privacy concerns to trump access to information then it could have amended section 48. It did not do so. In this case, all that was required under section 48 was that "…the Constable released the report in the honest belief that the Act required disclosure." The Police met that threshold. French J's decision is a timely reminder that all manner of Government and quasi-Government agencies hold information about individuals which can be released under the OIA. Her Honour held to a literal interpretation of the statutory interplay between the OIA and the Privacy Act, upholding a wide freedom to access official information. The upshot is that we must trust official bodies with personal information because, provided that it is issued pursuant to the OIA and in good faith, there is no recourse for redress. |
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PROGRESS OF LEGISLATION |
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Bills Introduced/Awaiting First ReadingSubordinate Legislation (Confirmation and Validation) Bill (No 4) This Bill confirms and validates certain subordinate legislation that lapses at a stated time unless earlier confirmed or validated by an Act of Parliament. Cultural Property (Protection in Armed Conflict) Bill The Bill meets various obligations required before New Zealand can accede to the First and Second Protocols to the 1954 Hague Convention on the Protection of Cultural Property in the Event of Armed Conflict. Energy Efficiency and Conservation Amendment Bill The purpose of this Bill is to promote energy efficiency, energy conservation, and renewable energy in New Zealand by improving the effectiveness of the Energy Efficiency and Conservation Act 2000. The Bill addresses the planned increase in product labelling and subsequent compliance needs, addresses the energy efficiency of buildings, including homes, and makes minor or technical improvements to the Act that have been identified over time. Bills Referred To Select CommitteeThe Judicial Matters Amendment Bill was read for the first time and referred to the Justice and Electoral Committee. Submissions close 6 October 2008. The Committee is due to report back on 6 October 2008. The Judicature (High Court Rules) Amendment Bill was read for the first time and referred to the Justice and Electoral Committee. Submissions are not called. The Committee is due to report back on 9 September 2008.
Bills Reported Back / Awaiting Second ReadingAffiliate Te Arawa Iwi and Hapū Claims Settlement Bill Bills Passed Second Reading / Awaiting Third ReadingClimate Change (Emissions Trading and Renewable Preference) Bill Supplementary Order PapersSOP 227 Policing Bill (Replaces SOP222) The proposed amendments set out in this SOP are, with one additional amendment and the correction of some line references, those set out in SOP 222. This SOP postpones the commencement of the Policing Bill until 1 October 2008 and makes some minor drafting amendments. It is made clear that that all offences against the Bill are may be tried summarily. The additional amendment corrects an erroneous reference in one of the proposed amendments to the Land Transport Act 1998 set out in Schedule 4. SOP 226 Policing Bill This SOP inserts a new clause into the Policing Bill preserving the position of Police employees who are sitting members of local authorities. Neither elected nor appointed sitting members will have to leave the Police when the Bill comes into force. Also, for so long as they are not defeated at some future election, elected sitting members:
SOP 225 Reserve Bank of New Zealand Amendment Bill (No 3) This SOP makes a number of drafting amendments to the Reserve Bank of New Zealand Amendment Bill (No 3), including:
SOP 224 Taxation (International Taxation, Life Insurance, and Remedial Matters) Bill (submissions called for) This SOP amends the Taxation (International Taxation, Life Insurance, and Remedial Matters) Bill. The amendments provide for new rules relating to stapled debt securities' tax treatment. They do not apply to debt securities that are stapled before 25 February 2008. The amendments include:
SOP 223 Waste Minimisation Bill This SOP amends clauses 5 and 5A of Part 1 of the Waste Minimisation Bill. Clause 5 is the general interpretation provision for the Bill and contains the defined terms that are used throughout it. All the amendments to clause 5 relate to the insertion of a new definition, "diverted material", to separate the concept of waste (which has no further use) from the concept of things that are source material for the purposes of reuse, recycling, and recovery processes. The other amendment proposed by this SOP clarifies that disposal of waste by incineration is not dependent on the waste having been deposited into or onto land set apart for that purpose. Bills Passed Third ReadingAuckland Regional Amenities Funding Bill Acts AssentedAppropriation (2008/09 Estimates) Act 2008 RegulationsTakeovers Code (Silver Fern Farms Limited) Exemption Notice 2008 In CommitteeThe Education and Science Select Committee heard submissions on the Petition of Erin Roe, regarding the Ministry of Education's provision of subsidised bus travel for school pupils in Tairua (in the Coromandel). The Foreign Affairs, Defence and Trade Select Committee heard submissions on the Petition of Robert Ritchie and Others regarding a ban on depleted uranium weapons. The Committee also continued hearing submissions in its inquiry into New Zealand's relations with South Pacific countries. The Government Administration Select Committee continued hearing submissions on the Copyright (Artists' Resale Right) Amendment Bill and the Public Lending Right for New Zealand Authors Bill. The Health Select Committee continued hearing submissions on a Petition from Sue Kedgley MP and Others on mandatory country of origin food labelling. The Committee also heard a briefing from the Ministry of Health on the meningococcal B vaccination. The Justice and Electoral Select Committee heard a briefing from the Legal Services Agency about aspects of the public defender and legal aid systems. The Law and Order Select Committee heard a briefing from the Ministry of Justice about court waiting times. The Committee also heard from the Ombudsman, Beverley Wakem, about the Ombudsman's role vis-à-vis the Department of Corrections and prison complaints. The Law and Order Select Committee has reported back on the Serious Fraud Office (Abolition and Transitional Provisions) Bill and recommended, by majority, its passage with amendments. The National Party opposed the Bill. The Māori Affairs Select Committee has reported back on the Central North Island Forests Land Collective Settlement Bill ("Treelords") and recommends its passage un-amended. The Committee also reported back on the Affiliate Te Arawa Iwi and Hapū Claims Settlement Bill and recommends its passage. The Primary Production Select Committee heard submissions on the Aquaculture Legislation Amendment Bill. The Bill will amend sections of the Aquaculture Reform (Repeals and Transitional Provisions) Act 2004, Fisheries Act 1996, Māori Commercial Aquaculture Claims Settlement Act 2004 and Resource Management Act 1991. The Committee heard submissions on the International Convention for the Control of Ships Ballast Water. The Committee also heard a briefing from the Ministry of Fisheries on the closure of the Marlborough Sounds to blue cod fishing. The Primary Production Select Committee has reported back on the Fisheries Amendment Bill (No 2) and recommends its passage with amendments. The Privileges Committee continued hearing a question of privilege relating to Rt Hon Winston Peters' disclosures of pecuniary interest. The Social Services Select Committee commenced hearing submissions on the Sale of Liquor (Objections to Applications) Amendment Bill, a member's bill introduced by Hon George Hawkins MP which will allow for a wider group of objections to on- and off-license applications.
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IN CONSULTATION |
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What's New
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| RELEASED BY ... | ISSUE | SUBMISSIONS
CLOSE ON... (2008) |
| IRD | Care and management of the taxes covered by the Inland Revenue Acts | 31 October |
| Maritime NZ | 20 October | |
| NZ Transport Agency | Draft Land Transport Rule: Omnibus Amendment 2008 |
16 September
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| PHARMAC | Voluntary checklist for health consumer organisations Proposal to amend restrictions on nervous system pharmaceuticals |
24 October 5 September |
Current
Air Service Negotiations
Cabinet has approved the commencement of negotiation on air services by officials with Japan and the European Union.
Building Amendment Bill (No 2)
Cabinet has approved for introduction a Bill streamlining the building consent process.
Code of Practice for the Pastoral Care of Overseas Students
Cabinet has approved changes to the code.
Cultural Property Protection in Armed Conflict Bill
Cabinet has approved for introduction a Bill ratifying two international agreements to which New Zealand is a signatory.
Employment Relations Bill (No 3)
Cabinet has approved for introduction a Bill relating to casual and non-standard employees' employment conditions.
Inquiries Bill
Cabinet has approved for introduction (as recommended by the Law Commission) a Bill to streamline public inquiries.
Taxation Bill
Cabinet has approved for introduction a Bill relating to the tax treatment of stapled stock.
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