NEWS ON POLICY AND POLITICS
2 August, 2006

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

National launches new liberal policy group
At a not widely advertised, yet well-attended function in Wellington last week, National MP Chris Finlayson launched the new National policy advisory group, the 'Blue-Liberals'. more...

IN PARLIAMENT

New Bills more...

First Readings more...

Committee Highlights
Sale of Liquor (Youth Alcohol Harm Reduction) Bill - Law & Order
Employment Relations (Probationary Employment) Amendment Bill - Transport & Industrial Relations more...

Progress of Bills
Open for submissions more...
Closed more...

Second reading more...
Committee Stage more...
Third Reading more...
Acts more...

IN OTHER NEWS

Waste Minimisation Bill one to watch more...

Environment Commissioner criticises Government over waste more...

Clerk of the House backs contempt finding against TVNZ more...

Anti-smacking law and education more...

Treasury working papers more...

IN CONSULTATION

more...

National launches new liberal policy group

At a not widely advertised, yet well-attended function in Wellington last week, National MP Chris Finlayson launched the new National policy advisory group, the 'Blue-Liberals'.

Aimed at those with a socially liberal perspective and a constrained view of the role of the State, the new group (the Blue-Libs as it has immediately come to be known) is intended to reintroduce to the mainstream of National's thinking the liberal traditions of the pre-Muldoon years as reflected by the likes of stalwarts, Keith Holyoake, Ralph Hannan and Jack Marshall.

Acknowledging the potential confusion of the liberal tag, Finlayson noted that it has meant many things to many people over the years. "But what it is definitely is not," he said "is the social democrat's view of government and society." Nor, he went on to say is it about being soft. "This is," he said "about hard issues and hard positions. It is about examining the role of the state and promoting individual liberties and responsibilities". Drawing heavily on Jack Marshall's maiden speech, Finlayson said that the Blue-Libs would be concerned with personal and economic freedoms, balanced by responsibility and the need to constrain anti-competitive practices.

Finlayson also said that the group was intended to reach out to non-Party members and people outside National's traditional constituencies. Given the range of less than usual suspects attending the opening function, he will probably be encouraged.

Quietly criticised by Wellington journalists for not having been too outspoken on issues to date, Finlayson is likely to find himself fully occupied with the Blue-Libs and a stream of work covering state sector reform, national identity and the promotion of market friendly regulation. Joined in this enterprise by other new entrant, Tim Groser, and the more established, Katherine Rich, Finlayson can also expect quiet support from his liberal-minded leader, Don Brash. The new group may be one to watch.

New Bills

Building (Late Consent is a Free Consent) Amendment Bill

This is a private member's bill sponsored by National MP, Hon Dr Nick Smith. It requires building consents to be processed without charge where the statutory timeframe of 20 working days is exceeded. The bill aims to reduce delays in building consent processes.

Customs and Excise Amendment Bill (No 2)

This is a government bill, intended to enhance border security measures. The bill looks to strengthen the Customs and Excise Act 1996 to provide for more effective and integrated border management by government agencies. It also aims to provide for greater coordination between Police, Immigration and the Ministry of Agriculture and Forestry to enhance security and strengthening the powers of Customs officers.

Local Government (Rating Cap) Amendment Bill

This is a private member's bill sponsored by Act leader, Rodney Hide. The bill caps the amount at which local councils can increase rates at the level of inflation plus 2% in any one year, or by inflation plus 4% over three years.

Minimum Wage and Remuneration Amendment Bill

This is a private members bill sponsored by Labour's Darien Fenton. The bill seeks to amend the Minimum Wage Act 1983 to extend its provisions to payments under a contract for services that are remunerated at below the minimum wage. The Bill provides for contractors to be paid not less than a minimum rate, equivalent to the minimum wage.

Misuse of Drugs (Medicinal Cannabis) Amendment Bill

This is a private member's bill sponsored by the Greens' Metiria Turei. The Bill amends the Misuse of Drugs Act 1975 to allow cannabis to be used for medicinal purposes

Principles of the Treaty of Waitangi Deletion Bill

This is a private member's sponsored by NZ First's Doug Woolerton. The Bill deletes references to the principles of the Treaty of Waitangi from legislation.

First Readings

Building (Late Consent is a Free Consent) Amendment Bill
Customs and Excise Amendment Bill (No 2)
Human Rights (Gender Identity) Amendment Bill
Local Government (Rating Cap) Amendment Bill
Misuse of Drugs (Medicinal Cannabis) Amendment Bill
Principles of the Treaty of Waitangi Deletion Bill
Resource Management (Restricted Coastal Activities) Amendment Bill

In Committee

Highlights

Sale of Liquor (Youth Alcohol Harm Reduction) Bill - Law & Order

The submissions process is ongoing, most recently involving submissions were heard from a number of individuals, as well as alcohol harm and community groups, concerned first, that the lower age had worsened youth drinking problems and second, that promised enforcement of the new laws had not been forthcoming.

The Committee also heard from Executive Director of the Association for New Zealand Advertisers, Jeremy Irwin, who expressed ambivalence about changing the drinking age. The ANZA supports existing industry regulation and believes advertising aims to increase market share rather than alcohol consumption. The Mill Liquorsave's, Chris Simkin, also opposed to the Bill, favouring education as a means of addressing New Zealand's binge drinking problem.

Employment Relations (Probationary Employment) Amendment Bill - Transport & Industrial Relations

Submissions on National MP Wayne Mapp's private member's Bill were divided along traditional union / business lines - a divide underscored by the widely reported selective attention of Minister of Auckland Issues, Hon Judith Tizard.

Ross Wilson of the Council of Trade Unions opposed the Bill on the basis that it removes workers' rights and, given the existing probationary arrangements provision in the Act (s 67), is a "sledgehammer breaking a nut". Agreeing with the CTU, the NZEI pointed out that permanency is important when people, especially with children, move house to take up a new job.

Federated Farmers Vice President, Don Nicolson. argued the Bill would improve prospects for young, inexperienced workers by reducing the risk for employers in taking them on. He said s 67 is not a realistic equivalent to the Bill, since technicalities can still be litigated in the Employment Tribunal.

Open for submissions

Submissions closed

Second Reading

Children, Young Persons and Their Families Amendment Bill (No 4)
Climate Change Response Amendment Bill
Disabled Persons Employment Promotion (Repeal and Related Matters) Bill
Education (Establishment of Universities) Amendment Bill
Electoral (Integrity) Amendment Bill
Employment Relations (Flexible Working Hours) Amendment Bill
Energy Safety Review Bill
Geographical Indications (Wine and Spirits) Registration Bill
Meat Board Amendment Bill
Oaths Modernisation Bill
Rail Network Bill
Sports Anti-Doping Bill
Standards and Conformance Bill
Westpac New Zealand Bill

Committee stage

Child Support Amendment Bill (No 4)
Crimes (Intimate Covert Filming) Amendment Bill
Criminal Procedure Bill
Independent Police Complaints Authority Amendment Bill
Securities Legislation Bill
War Pensions Amendment Bill

Third Reading

Coroners Bill
Historic Places Amendment Bill
Housing Restructuring and Tenancy Matters (Information Matching) Amendment Bill
New Zealand Superannuation and Retirement Income Amendment Bill
Protected Objects Amendment Bill

Acts

Appropriation (2005/06 Supplementary Estimates) Act 2006
Executors Limited Amendment Act 2006
Historic Places Amendment Act 2006
Housing Restructuring and Tenancy Matters (Information Matching) Amendment Act 2006Trustees
Imprest Supply (First for 2006/07) Act 2006
New Zealand Superannuation and Retirement Income Amendment Act 2006
War Pensions Amendment Act 2006

Waste minimisation bill one to watch

Tanczos' Waste Minimisation (Solids) Bill passed its first reading in Parliament last month. The bill would use economic measures to discourage dumping in landfills and encourage recycling and re-use. The creation of an associated policing agency, requirements for signage in supermarkets promoting responsible disposal, and the development of waste minimisation plans by all New Zealand businesses (including sole traders) are among the eclectic measures advanced by Mr Tanczos.

Since his Bill passed its first reading, Tanczos said he would either remove or amend those provisions requiring organisations to develop a waste minimisation plan. More substantive exchanges are also likely if the bill is to retain government support. At this point, Labour's backing of the bill seems to derived from the usefulness of having a vehicle already in the Parliamentary process through which it can advance its own agendas in respect of levies on landfill uses and product stewardship.

The bill is now before the Local Government and Environment Select Committee and submissions have been called for. The closing date for submissions is 1 September.

Environment commissioner criticises govt over waste

In a coincidentally timed announcement, Environment Commissioner, Morgan Williams, accused the Government of failing to research and develop "economic" means of controlling the generation and disposal of waste.

"The weight of evidence suggests that where a significant shift in public behaviour is needed, voluntary measures are not enough," he said. This runs counter to the positive progress being made on meeting product stewardship targets.

Clerk of the house backs contempt finding against TVNZ

Clerk of the House, David McGee, has backed the Privileges Committee’s censuring of TVNZ over its treatment of former chief executive Ian Fraser. An international authority in matters of Parliamentary governance and etiquette, McGee described the behaviour as an 'egregious' breach of privilege.

Anti-smacking law must be accompanied by education

Human Rights Commissioner, Joy Liddicoat, says section 59 of the Crimes Act 1961 must be repealed and parents need to be informed about childrearing practices that do not involve corporal punishment.

Presenting a submission to the justice and electoral select committee Liddicoat said legal reform was not enough and the Government needed to promote positive, non-violent child rearing methods. The repeal of section 59 would help shape the way parents exercise their rights, responsibilities and duties by more clearly identifying what society and the legislature consider appropriate.

Treasury working papers released

The papers released for the month are:

• Investigating Health Technology Diffusion in New Zealand - How Does it Spread and Who Stands to Gain?
• Use of targets to improve health system performance: English NHS experience and implications for New Zealand
• Housing: an Analysis of Ownership and Investment Based on the Household Savings Survey
• An Empirical Investigation of Fiscal Policy in New Zealand
• Past, Present and Future Developments in New Zealand's Terms of Trade
• Treasury's Forecasting Performance: a Head-to-head Comparison
• Electricity Generation: Competition, Market Power and Investment
• International Comparative Surveys of Regulatory Impact
• Environmental Risk Management in New Zealand - Is There Scope to Apply a More Generic Framework?

The working papers are available on The Treasury's website at: www.treasury.govt.nz/workingpapers

Goff appoints territorial employer support committee

Defence Minister Phil Goff has announced the appointment of nine New Zealanders to be inaugural members of the Territorial Forces Employer Support Committee. They are:

- David McGregor as a representative of the Auckland region;
- Ted Dean as a representative of the Waikato / Tauranga region;
- Mary Bourke as a representative of the Manawatu / Taranaki / Kapiti region;
- Raymond Lind as a representative of the Wellington / Hawkes Bay region;
- Sandra Manderson as a representative of the Christchurch / Upper South Island region;
- Julian Smith as a representative of the Otago / Southland region;
- Rodger Kerr-Newell as a representative of Business New Zealand;
- Lindsay Taiaroa as a representative of the Vice Chancellors association;
- Tim Brewer as the Director General of Reserve Forces

Local Government and trade union representatives will be added to the committee in the near future.

"The committee was established by the Volunteers Employment Protection Act 2004 and aims to increase the effectiveness of New Zealand's territorial military forces by gaining and enhancing the support of employers", Mr Goff said.

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