NEWS ON POLICY AND POLITICS
8 November, 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 Blow by Blow
The tone for the week was set, as usual, at Tuesday's Question Time, with National predictably attacking the credibility of Labour's new-found support of tax cuts, continuing its opposition to the Electoral Finance Bill and directing pointed questions to those Ministers coming up to speed with new portfolios. more...

IN PARLIAMENT more...

IN OTHER NEWS 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 more...

Bills Passed Second Reading more...

Supplementary Order Papers more...

Acts Assented more...

Regulations more...

Hearings Of Note more...

LEGISLATION IN THE WINGS more...

IN CONSULTATION more...

Parliament resumed this week. This will be the last session before the House rises for the Christmas break on 11 December.

The Blow by Blow

The tone for the week was set, as usual, at Tuesday's Question Time, with National predictably attacking the credibility of Labour's new-found support of tax cuts, continuing its opposition to the Electoral Finance Bill and directing pointed questions to those Ministers coming up to speed with new portfolios.

New Zealand First ran interference for the Government on the Electoral Finance Bill, supporting Labour and suggesting that the Bill provides an opportunity for all parties to work towards a fair and equitable system.

The new Ministers of Corrections, Health and Building and Construction, endured an onslaught of Opposition questions designed to show that they did not have a handle on their new portfolios or any new ideas. That strategy suffered a reversal when, in his response to a question about his priorities for the Health portfolio, new Minister David Cunliffe responded that chief among them was to ensure that National's plans to lift the cap on GP's fees never comes to pass.

The Maori Party continued its criticism of police action in the Ureweras, a theme that co-leader Pita Sharples warmed to in the second reading debate of the Terrorism Suppression Amendment Bill. 

Jeanette Fitzsimons is focussed on energy efficiency initiatives, announcing an innovation fund to encourage solar water heating.

Rodney Hide's preoccupation with the Hon Trevor Mallard and Hon Tau Henare scuffle endures, despite Madam Speaker rejecting his complaint of breach of privilege. Outside the House, ACT presses ahead with its judicial review of the Electoral Finance Bill and the failure of the Attorney-General to table a report on the Bill of Rights implications.

Taken as a whole, the Government emerged relatively unbruised from the opening scuffles of the new session. It was helped along by positive policy announcements on coastal transport and reform to the governance and accountability arrangements of the real estate industries - initiatives that National had thought better of criticising. A series of patsy questions provided ample opportunity for the Government to show that it was far from bereft of ideas.

With the reshuffling of the Ministerial cards, there have been some adjustments to the composition of Select Committees.  The new members are:

Commerce Committee

• Hon Darren Hughes to replace Hon Maryan Street
• Hon Paul Swain to replace Hon Shane Jones

• Hon Mark Burton to replace Moana Mackey

• Moana Mackey to replace Hon Shane Jones

• Martin Gallagher to replace Hon Paul Swain

• Hon Harry Duynhoven to replace Hon George Hawkins

• Jill Pettis to replace Sue Moroney
• Hon Winnie Laban to replace Hon Maryan Street

• Hon Mark Burton to replace Hon Steve Chadwick
• David Benson-Pope to replace Martin Gallagher
• Moana Mackey to replace Russell Fairbrother

• Hon Darren Hughes to replace Hon Winnie Laban
• David Benson-Pope to replace Jill Pettis

• Sue Moroney to replace Hon Darren Hughes
• Darien Fenton to replace Charles Chauvel

• Hon Steve Maharey to replace Moana Mackey

• Lesley Soper to replace Charles Chauvel
• Hon Mark Burton to replace Hon Maryan Street

• Hon George Hawkins to replace Hon Harry Duynhoven
• Hon Steve Maharey to replace Hon Steve Chadwick

• Russell Fairbrother to replace Sue Moroney (SO 188(2)).

Voluntary Administration

The new Voluntary Administration regime came into effect on 1 November 2007 under the Companies Act. Based on the Australian model, the regime provides an option other than liquidation for companies in financial distress. It includes a moratorium period, which prevents recovery actions by creditors. This gives the appointed administrator time to assess the company's viability before determining whether the company can be rehabilitated.

Personal Insolvency Regulations Gazetted

The Insolvency (Personal Insolvency) Regulations 2007 have been gazetted, which means the Insolvency Act 2006 will come into force on 3 December 2007. The Act makes a number of changes, including introduction of the No Asset Protection (NAP) regime and transfer of some of the roles under the Act.

Bills Introduced

Auckland Domain (Auckland Tennis) Amendment Bill

The Bill is intended to amend the Auckland Domain Act 1987 (the Act) as it relates to the power of Auckland City Council to lease an area of the Auckland Domain1 to the Auckland Lawn Tennis Association (Incorporated).

Appropriation (Continuation of Interim Meaning of Funding for Parliamentary Purposes) Bill

The Bill is intended to continue the situation created by the Appropriation (Parliamentary Expenditure Validation) Act 2006 (the 2006 Act) which (apart from validating " ... expenditure under Vote Parliamentary Service that may have been outside the scope or purpose of an appropriation or other enactment"1) provided an " ... interim meaning of the term 'funding entitlements for parliamentary purposes' as used in the Parliamentary Service Act 2000 [(the Act)]"2 (Part 1, Clause 3, the “purpose” clause).

Bills At Select Committee

The Protected Disclosures Amendment Bill was read for the first time and referred to Government Administration Committee. Submissions are due on 25 January 2007. The Committee is due to report back on 22 April 2008.

Open For Submissions

Submissions Closed

Bills Reported Back/Awaiting Second Reading

Building Amendment Bill
Dairy Industry Restructuring Amendment Bill (No 2)
Education (Tertiary Reforms) Amendment Bill

Bills Passed Second Reading

Human Tissue Bill
Terrorism Suppression Amendment Bill

Supplementary Order Papers

SOP 156: Human Tissue Bill
Other member: Tariana Turia
Type: Substantive amendment

This SOP applies to when an individual has, before his or her death, given informed consent to any collection or use of tissue that is, or is from, his or her body.  The amendments enable an overriding objection to the collection or use of that tissue to be raised by a member, and on behalf, of that individual's whanau or extended family.  The effect of the overriding objection is that the collection or use of the tissue is prohibited.

SOP 155: Human Tissue Bill
Member in charge: Hon Pete Hodgson
Type: Substantive amendment

This SOP sets out technical amendments to the Human Tissue Bill.  Clause 31B is amended by omitting clause 31B(a).  Clause 48A is amended to make clear the mental element for the offence in 48A(3) (e.g. if the person knew, or ought reasonably to have known). Clause 66 is amended, and a new clause 79B is inserted, to enable regulations to be made replacing the prescribed form of search warrant in Schedule 3.  There were several other drafting corrections or improvements.

SOP 154: Copyright (New Technologies) Amendment Bill
Other member: Gordon Copeland
Type: Substantive amendment

This SOP replaces SOP 143, and amends the Copyright Act 1994 to replace section 88 of that Act with a new provision that permits the recommunication of free-to-air television broadcasts and other kinds of unencrypted communication works by means other than only cable programmes.  This would include satellite recommunication.

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

SOP 153: Employment Relations (Flexible Working Arrangements) Amendment Bill
Member in charge: Hon Ruth Dyson
Type: Substantive amendment

This SOP makes three amendments to the Employment Relations (Flexible Working Arrangements) Amendment Bill including:

• Amending the purpose of the Bill as expressed in clause 3.  The amendment omits from paragraph (a) the words "as to the period of their employment".  This is a drafting amendment to reflect that new section 69AAB(2) inserted by clause 6A contains other criteria.
• The new section 69AAB(2) as inserted by clause 6A specifies the criteria an employee must satisfy before he or she can make a request under new Part 6AA to alter his or her working arrangements. The amendment recasts paragraph (b) to require an employee, as at the date the request is made, to have been employed by his or her employer for the immediately preceding six months.
• The Employment Relations Authority under new Part 6AA can be appealed against or reviewed.  This amendment adds new clause 8 which inserts section 179B.  The new section provides that an investigation or determination of the Authority under new Part 6AA cannot be challenged, appealed against, reviewed, quashed, or called in question in any court.

Acts Assented

Crimes (Repeal of Seditious Offences) Amendment Act 2007 (2007 No 96)
Income Tax Act 2007

Regulations

Climate Change (Unit Register) Regulations 2007
Climate Change Response Act Commencement Order 2007
Commodity Levies (Blackcurrants) Order 2007
Companies Act 1993 Liquidation Amendment Regulations 2007
High Court Amendment Rules (No 4) 2007
Independent Police Conduct Authority Amendment Act 2007 Commencement Order 2007
Insolvency Act 2006 Commencement Order 2007
Insolvency (Personal Insolvency) Regulations 2007
New Zealand Railways Corporation (Increased Capital of the Corporation) Order 2007
Parliamentary Travel, Accommodation, Attendance, and Communications Services Determination 2007
Sale of Liquor Amendment Regulations (No 2) 2007
Securities Act (Overseas Companies) Exemption Amendment Notice 2007
Securities Act (Real Property Proportionate Ownership Schemes) Exemption Amendment Notice (No 2) 2007
Social Security (Income and Cash Assets Exemptions Lake Alice Compensation or Ex Gratia Payments) Regulations 2007
Social Security (Long-term Residential Care) Amendment Regulations (No 4) 2007
Social Security (Temporary Additional Support) Amendment Regulations (No 4) 2007
State-Owned Enterprises (AsureQuality Limited) Order 2007
Takeovers Code (Fulton Hogan Limited) Exemption Notice 2007
Takeovers Code (Fulton Hogan Limited) Exemption Notice (No 2) 2007
Takeovers Code (Metlifecare Limited) Exemption Notice 2007

Hearings Of Note

The Commerce Committee continues its consideration of the Electricity (Disconnection and Low Fixed Charged) Amendment Bill and the Limited Partnerships Bill. On Thursday 8 November the Local Government and Environment Committee will continue to hear evidence on the Waste Minimisation (Solids) Bill (submissions will focus on the new Supplementary Order Paper). It will further consider a petition on seabed mining..

Overhaul of Real Estate Agents Act
A Real Estate Agents Bill is expected to be introduced to Parliament by the end of this year and passed next year. The Bill will include a number of changes to the regulation of real estate agents, including creating an independent Real Estate Agents Authority, a Disciplinary Tribunal, and a public register of real estate agents. It will also require ongoing professional development, provision to consumers of information about their rights, and disclosure of conflicts of interest.

ACC Amendment Bill
Cabinet has agreed to an ACC Amendment Bill, which will redesign the passport system to take advantage of new technology.

Changes to the Families Act
Cabinet has agreed to a review from the Ministry of Social Development of the Families Act.

Interface between Shop Trading Hours, Sale of Liquor, and Holidays Acts
Cabinet has agreed to the issue of a discussion paper on the interface between the Shop Trading Hours, Sale of Liquor, and Holidays Acts There are a number of inconsistencies between the Acts that could potentially be addressed.

Affordable Housing Bill
Cabinet has made policy decisions for the Affordable Housing Bill.

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