NEWS ON POLICY AND POLITICS
8 February, 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

Key shows early command, but can he deliver the Treasury benches?
The notable thing about John Key's leadership is the ease with which he has asserted control of the political agenda. more...

IN PARLIAMENT

Before Select Committee more...

Open for submissions
Submissions closed

Regulations Passed more...

IN CONSULTATION

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What's New more...
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Ongoing more...

IN OTHER NEWS

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Election spending back on the agenda more...
-
Water Management more...
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Costello puts merger on the table more...
-
Law Commission looks at commissions of inquiry more...
-
Securities Commission Oversight Review of New Zealand Exchange Limited more...

 


IN POLITICS

Key shows early command, but can he deliver the Treasury benches?

The notable thing about John Key's leadership is the ease with which he has asserted control of the political agenda. Disputing Labour's monopoly on caring, he has tapped a vein of public concern about the realities of institutionalised poverty and demonstrated a comfort with media and people unusual amongst today's Wellington-centric politicians.

Key has been helped in this by the antiseptic nature of Labour's rebuttal. Claiming success in the face of perceivable social decay, Labour has instead given rise to speculation about just how in touch it is with its core constituencies and how much it really cares. For the government, it seems, Key is going to be a problem.

The recent fillip of the TV3 TNS poll provides comfort for Labour, but only of a marginal sort. The prospect of a fourth term in government might be welcome, but is made less inviting by the dependence on the Greens that would be involved. Forcing Labour to shift to the left can only be problematic since it can only strengthen Key's bid for the centre ground.

But Key is not going to get it all his own way. Labour's native capacity to tug on the heartstrings of national identity will see it pour massive effort into equating nationhood with things 'green'. In the Prime Minister's opening speech to Parliament next week we should expect the rhetoric of the kiwi battler will give way to jingoism of an environmental sort. A raft of planet saving initiatives will be foreshadowed with economics and practicability (if the government's position on carbon credits is any indication) coming a distant second to the realpolitik of capitalising on public fears about climate change. This is not an area where National - in the public mind at least - is at home. Properly handled by Labour's media machine, it will be one most likely to secure the government a fourth term.

National's relationship with an increasingly important Maori Party is also a source of future problems. The Party's difficulty in reconciling its position on public access over private land with that of customary rights over the foreshore remains a stumbling block that its decision to vote against Tariana Turia's Foreshore and Seabed (Repeal) Bill to select committee will have done nothing to address.

So, while Key has exercised early command of the political agenda, he has a long way to go in what will be a critical year for National. In asserting rationality over government's pro-green initiatives, National will find itself painted as an irresponsible denier of climate change, unfit to grapple with the problems of New Zealand's 21st century. Also, in failing to enter a real rapprochement with Maori over the genuinely held sense of grievance over the Foreshore and Seabed legislation, National will find itself without a viable coalition partner. Philip Field and social isolation may continue to dog the Prime Minister, but the weather and the practicalities of forming a government may prove harder still for Key.


IN PARLIAMENT

Parliament will resume on February 13

Before Select Committee

Open for submissions

Bill Select committee Submissions close Report due
Agricultural Compounds and Veterinary Medicines Amendment Bill Primary Production Submissions not called 5 June
Airport Authorities (Sale to the Crown) Amendment Bill Transport & Industrial Relations Committee 9 February 21 May
Copyright (New Technologies and Performers' Rights) Amendment Bill Commerce 16 February 11 June
Criminal Justice Reform Bill Justice & Electoral 16 March 4 June
Human Tissue Bill Health 16 February 13 May
Income Tax Bill Finance & Expenditure 2 March 22 May
Judicial Retirement Age Bill Justice & Electoral Submissions not called 14 May
Marine Reserves (Consultation with Stakeholders) Amendment Bill Local Government & Environment Submissions not called 25 May
Mental Health Commission Amendment Bill Health 30 March 11 June
Property Law Bill Justice & Electoral 28 February 13 May
Protection of Personal and Property Rights Amendment Bill Social Services 1 March 6 June
Social Security Amendment Bill Social Services 1 March 30 April
Social Security (Entitlement Cards) Amendment Bill Social Services 1 March 5 April
Student Loan Scheme Amendment Bill (No 2) Education & Science 19 January 28 February
Therapeutic Products and Medicines Bill Government Administration 7 February 30 April

 

Submissions Closed

Bill Select committee Report due
Animal Welfare (Restriction on Docking of Dogs’ Tails) Bill Govt Administration 14 December
Arbitration Amendment Bill Justice & Electoral 9 April
Arms Amendment Bill (No 3) Law & Order 29 March
Building (Late Consent is a Free Consent) Amendment Bill Local Govt & Environment 10 April
Corrections ( Mothers With Babies) Amendment Bill* Law & Order 21 July
Electoral Integrity Amendment Bill Justice & Electoral 5 June
Employment Relations (Flexible Working Hours) Amendment Bill (set aside for one year from 24 March 06 for further research) Transport & Industrial Relations 30 April
Health (Drinking Water) Amendment Bill Health 20 December
Human Rights (Women in Armed Forces) Amendment Bill Foreign Affairs, Defence & Trade 5 March
Human Tissue (Organ Donation) Amendment Bill Health committee 31 May
Justices of the Peace Amendment Bill Law & Order 16 March
Kerikeri National Trust Bill Local Govt & Environment 25 May
Marine Reserves Bill Local Government & Environment 25 May
Minimum Wage (Abolition of Age Discrimination) Amendment Bill Transport & Industrial Relations 1 March
Minimum Wage and Remuneration Amendment Bill Transport & Industrial Relations 22 February
NZ Bill of Rights (Private Property Rights) Amendment Bill
Justice & Electoral 28 February
NZ Day Bill Justice & Electoral 28 February
Official Information (Openness of District Health Boards New Zealand) Amendment Bill Health 5 March
Overseas Investment (Queen's Chain Extension) Amendment Bill Local Government & Environment 24 August
Principles of the Treaty of Waitangi Deletion Bill Justice & Electoral 25 January
Rail Network Bill Govt Administration 26 May
Resource Management (Climate Protection) Amendment Bill Local Government & Environment 30 March
Sale of Liquor (Youth Alcohol Harm Reduction) Amendment Bill*
Law & Order 20 October
Sex Offenders Registry Bill Justice & Electoral 31 August
Succession (Homicide) Bill Justice & Electoral 9 April
Waitakere Ranges Heritage Area Bill Local Govt & Environment 30 March
Waste Minimisation (Solids) Bill Local Govt & Environment 29 June
Wills Bill Justice & Electoral 9 April
Young Offenders (Serious Crimes) Bill Law & Order 29 March


Regulations

Takeovers Code (Pen Investments Limited) Exemption Notice 2007
Securities Act (Overseas Employee Share Purchase Schemes) Exemption Amendment Notice 2007
Goods Service Vehicle (Constructional) Amendment Regulations 2007
Heavy Motor Vehicle Amendment Regulations 2007
Land Transport (Offences and Penalties) Amendment Regulations 2007
Passenger Service Vehicle Construction Regulations Revocation Order 2007
Traffic Amendment Regulations 2007
Fisheries (Foveaux Strait Dredge Oyster Fishery) Notice 2007
Pupu Springs Scenic Reserve Bylaws 2007
Takeovers Code (Tauranga Energy Consumer Trust) Exemption Notice 2007

 

IN CONSULTATION

What's New

RELEASED BY... ISSUE SUBMISSIONS CLOSE ON...
Agriculture & Forestry, Ministry of Sustainable land management and climate change 30 March
Australia NZ Therapeutic Products Authority Therapeutic Products Advertising Code 14 March
Dept of Building & Housing Compliance Document B1 Structure to cite AS/NZS 1170 (new joint Australian/NZ Standards) 16 March
Dept of Conservation E/Coast Hawke’s Bay Conservation Management Strategy

Kawatiri Heritage Conservation Park

Proposal To Dam The Kaituna River
On hold


2 March

12 March
Ministry of Economic Development Government Procurement Agreement – public sector paper; industry paper

Review of 3G Spectrum Cap

Radio Spectrum Management Cost Allocation Study

Radio Licences Security of Tenure

Draft New Zealand Energy Strategy to 2050

Options to move towards low emissions electricity & stationary energy supply & to facilitate a transition to greenhouse gas pricing in the future (part of Energy Strategy - transitional measures: 2008-2012)
8 February


2 February

9 March

14 March

30 March

30 March
Electricity Commission Responses wanted to Transpower’s Otahuhu substation proposal

Common Quality Development Plan - Current arrangements for Frequency, Voltage, Reliability and Security; Common Quality Development Plan - Evaluation of Options
12 February


Comments invited (no closing date)
Energy Efficiency & Conservation Authority Draft New Zealand energy efficiency & conservation strategy (part of overall Energy Strategy) 30 March
Ministry for the Environment Measures to Reduce Greenhouse Gas Emissions in New Zealand Post-2012 (part of Energy Strategy - jointly released with Ministry of Economic Development) 30 March
Ministry of Health Pandemic Influenza - Draft Exercise Coordinating Instruction for Exercise Cruickshank

Towards a New Zealand medicines strategy

Draft Evidence Based Guideline for Autism Spectrum Disorder

Use of Gametes and Embryos in Human Reproductive Research: Determining Policy for NZ
8 February


30 March

16 March (extension from 28 February)
2 March
Inland Revenue Department Notification of a pending audit or investigation 8 March
Law Commission The Role of Public Inquiries 2 March
Standards NZ Transport of Dangerous Goods on Land - Part 1; Part 2. 23 March


Ongoing

RELEASED BY... ISSUE SUBMISSIONS CLOSE ON...
Biosecurity NZ (Ministry of Agriculture & Forestry) Standard for quarantine facilities for plants

Live animal & germplasm exports

Draft Biosecurity Science, Research and Technology Strategy
9 February

9 February

28 February
Ministry of Economic Development Insolvency practitioner regulation: options for change 2 February
Electricity Commission Proposed transmission pricing methodology

Issues arising from 19 June 2006 grid emergency


Approval method for consumer complaints resolution schemes
2 February

No closing date

23 February
Ministry for the Environment Proposed national environmental standard for water measuring devices

Working Towards a Comprehensive Policy Framework for Managing Contaminated Land in New Zealand
16 February


28 February
Ministry of Fisheries Fisheries Standards, including:
- Harvest strategy standard;
- Stakeholder consultation process; &
- A priority-setting process for the management of non-Quota Management System stocks

Proposals for managing New Zealand's shared fisheries
28 February





28 February
NZ Food Safety Authority Domestic food review transition policy and related implementation 9 February
Ministry of Health Proposal that Herbal Medicine become a regulated profession under the Health Practitioners Competence Assurance Act 2003

Real skills for people working in mental health and addictions
16 February 2007



26 February 2007
Inland Revenue Department New Zealand's international tax review: a direction for change

Requests to amend assessments

Zero-rating of supplies of sail-away boats - use as security or offered for sale

Maori trust boards - declaration of trust for charitable purposes made under section 24B of the Maori Trust Boards Act 1955 - income tax consequences

New employee relocation expenses

Aircraft overhaul reserves - deductibility
16 February


16 February

18 February


23 February



23 February

30 March
Land Transport NZ Land Transport Rule: Frontal Impact Amendment 9 February
Office for Senior Citizens Home equity conversion schemes 31 March
Standards NZ Electrical installations - floor and ceiling heating systems 7 March
Tertiary Education Commission Foundation Learning Progressions for Listening, Speaking, Reading, Writing, and Numeracy, draft consultation document 30 June

 

IN OTHER NEWS

Election spending back on the agenda

Labour President Mike Williams has added to Labour's political woes by suggesting that Labour might renege on its commitment to repay money misspent in the run up to the last general election. A hasty retraction was issued, but not before the government's public credibility took an avoidable hit.

Water Management

This month is expected to see the emergence of a proposed national accord on water management. Senior regional and central government officials are scheduled to meet with executives from private sector stakeholders to decide if sufficient groundwork has been done to allow an accord to proceed.

The accord will be led by the Ministry of Agriculture and Forestry and will be a sub-set of the Sustainable Water Plan of Action being developed in conjunction with the Ministry for the Environment.

Costello puts merger on the table

Following up on the report of the Australian Federal Parliament on closer relations with New Zealand, Australian Treasurer, Hon Peter Costello last week raised again the prospect of economic and political union with Australia.

The discomfort of his opposite number in response was apparent and Dr Cullen's smiling recourse to bureaucratese suggests that whilst government will keep business law harmonisation firmly on the agenda, that's as far as it's prepared to go for now.

Law Commission looks at commissions of inquiry

The Law Commission has released an issues paper examining the form and purpose of public inquiries, commissions of inquiry and non statutory ministerial inquiries. The stated objective behind the paper is to examine the motivations behind the establishment of inquiries and the particular type employed.

A copy of the issues paper is available at www.lawcom.govt.nz. The closing date for submissions is March 2. Responses can be sent to the Law Commission, either at Law Commission, P O Box 2590, Wellington, or by email to [email protected].

Securities Commission Oversight Review of New Zealand Exchange Limited

The Securities Commission has released the terms of reference for its oversight review of NZX in respect of the 2006 calendar year. These are published on the Commission's website, www.sec-com.govt.nz.

The terms of reference are in three parts. The first relates to the NZAX market, processes regarding admission or approval of listed issuers and market participants to NZX's markets and NZX's role in minimising the risk of non-compliance by its listed issuers and market participants.

The second part concerns any new developments in relation to the eight core areas of NZX's activities identified and reported on in last year's first annual oversight review. The third concerns NZX's progress towards implementing the recommendations made by the Commission in last year's report.

The Commission expects to complete its review and publish a report by 30 June 2007.

 


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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 04 495 7532
[email protected]
Doug Bailey - Consultant
Ph 04 495 7572
[email protected]

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