NEWS ON POLICY AND POLITICS
31 May, 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

A MATTER OF OPINION

End of the Golden Weather?
In the aftermath of the so-called Bondi Budget, the One News / Colmar Brunton poll has given National a commanding nine point lead over Labour. For some pundits this might be taken as a sign that Labour's golden weather has come to an end. more...

NEWS

Easter Trading Bill in the House
Labour's Steve Chadwick has introduced a Members Bill that would give local authorities the power to decide whether retail shops in their districts may open on Easter Sunday. more...

Review of Regulatory Frameworks
Commerce Minister, Hon Lianne Dalziel has announced a wide ranging review of regulatory frameworks. more...

Review of Parts 4 and 5 of the Commerce Act 1986
In what's been a busy week, the Commerce Minister also announced a review of Parts 4 and 5 of the Commerce Act, which relate to control of goods and services and authorisations and clearances, respectively. more...

Review of Building Code Announced
This week Building Issues Minister, Hon Clayton Cosgrove released a discussion document on the Building Code. more...

IN PARLIAMENT

Bills
Bills Introduced more...
Bills Before Select Committee more...
Second Readings more...
Commitee Stage more...

IN CONSULTATION

more...


A MATTER OF OPINION

End of the Golden Weather?

In the aftermath of the so-called Bondi Budget, the One News/Colmar Brunton poll has given National a commanding nine point lead over Labour. For some pundits this might be taken as a sign that the government's golden weather has come to an end. The reality, though, is a bit harder to assess. Last year's polling showed often enough the volatility of the polls, with both parties commanding popular support at various points and, on at least one occasion, at the same time.

That said, there can be no doubt that Labour is suffering the cumulative effect of a succession of Ministerial fumbles and sustained public concern about the capacity of its front bench to cope with the increasing demands of government. Circumstance and sentiment are moving against it and the dominant question is whether the pony has another trick left in it.

In the past, that's never been an issue. The Prime Minister and her deputy have proven a potent combination, ably batting away criticism and shoring up faltering public confidence. But this time there is something about the appeals to Kiwi identity and the language of transformation that smacks of a government short on ideas. Those punters with a memory for the rhetoric of the innovative economy, the highly publicised economic summits and the war on compliance costs will have cause to wonder what the gains of all that have been, particularly in the face of the just-reported slump in New Zealand's international competitiveness. Against that backdrop, announcements by Commerce Minister, Lianne Dalziel, of a review of business friendly regulatory frameworks and the Prime Minister's dismissal of critics as "unpatriotic", sound hollow in the one case and worrying in the other.

Whatever satisfaction might be felt on National's side of the House, the Opposition is not yet the author of its own success. For all that National may have grounds for thinking it receives unequal treatment from media too willing to glory in its missteps, it still has problems that are decidedly of its own making.

Among them is the abiding public perception that it is uncaring and out of touch. Socially conservative and reluctant to alienate its provincial constituencies, National has been left trying to straddle the divide between rural and urban sentiment. Policy consistency is proving elusive as a result, adding weight to those who would assert that the Opposition stands for nothing.

Take the philosophical cri de coeur of 'one law for all'. It looks principled enough in theory, but when it comes to Maori customary property rights and the Foreshore and Seabed legislation that view in practice is a little more fragile. Endeavouring to hold to a position that will not upset Kiwis affronted by the idea that some infinitesimal part of the coastline may be off limits to people who will never visit it, the Party risks cementing itself in an anti-Maori sentiment that in large part it doesn't actually feel.

This is the essence of National's wider problem, namely insufficient touchstones upon which to base its policies and a solid commitment to them. Pragmatism has long been advanced as one of the Party's strengths and so it may be, but the line between pragmatism and opportunism is tissue thin. It's this that the Party will need to address before the pundits will be safe in reading a victory from National's present lead in the polls.

For the government, a nine percentage point arrears does not a winter make.

 

NEWS

Easter Trading Bill Introduced

Labour's Steve Chadwick has introduced a Members Bill that would give local authorities the power to decide whether retail shops in their districts may open on Easter Sunday. The Bill will receive its first reading on the next Members Day, 14 June, when it is likely to be referred to Select Committee.

Review of Regulatory Frameworks

Commerce Minister, Hon Lianne Dalziel has announced a wide ranging review of regulatory frameworks.

The review aims to identify and address constraints to economic growth caused by regulatory frameworks. It will be carried out by an inter-departmental Quality Regulation Taskforce led by the Ministry of Economic Development and overseen by a Ministerial Group for Quality Regulation.

The review will focus on four main areas:

  • establishing a "fast track process", which requires the Taskforce to put in place an effective process for collecting and analysing issues put forward as part of the review and acting on them;
  • the implementation and interaction of regulatory frameworks, which involves examining how particular regulations work across the economy, the cumulative impact of regulation on particular sectors, how government enforces regulation and the government's processes for monitoring the impact of regulations;
  • sector studies, and
  • regulatory process disciplines, which includes looking at how Regulatory Impact Analysis requirements could be improved.

The food and beverage industry (with wine included as a sub-sector) is one of the first sectors in line for study, which will involve consideration of the cumulative impact of regulation. The study is expected to link with the strategy centred around the Food and Beverage Taskforce, September's trans-Tasman Food and Beverage Dialogue and Export 2007.

The Minister is expected to report back on the review by 31 July 2007, with a first milestone report at 31 October 2006 and a second milestone report by 31 March 2007.

The business consultation website already has an online submission process, along with a submission form that can be downloaded, at www.businessconsultation.govt.nz. The Government is also encouraging businesses to utilise existing business networks such as Chambers of Commerce and Business NZ as conduits for their views.

Review of Parts 4 and 5 of the Commerce Act 1986

It's been a busy few days for the Commerce Minister. In addition to announcing the review of regulatory frameworks, Lianne Dalziel has also announced a review of Parts 4 and 5 of the Commerce Act, which relate to control of goods and services and authorisations and clearances, respectively.

The review has not yet been formally scoped but will be led by the Ministry of Economic Development and is expected to begin later this year.

The Government is responding to concerns our competition laws unduly hamper the creation of globally competitive firms. The review will canvas the appropriateness and effectiveness of the current thresholds for control and decision making processes. However, Dalziel has noted that said the "substantial lessening of competition" test was not likely to be examined. She also indicated that merits reviews of Commerce Commission decisions would be considered, although this may be deferred or dismissed due to problems of cost and delay.

Review of Building Code Announced

This week Building Issues Minister, Hon Clayton Cosgrove released a discussion document on the Building Code. The document, "Building for the 21st Century - Review of the Building Code" is the first substantive review of the Building Code since its introduction in 1991. Energy efficiency, a change in environmental focus and an expansion of the list of hazards affecting structural safety standards to include coastal erosion in addition to tsunami, wildfire, landslide and eruption.

A copy of the discussion document is available on the website of the Department of Building and Housing: www.dbh.govt.nz

 

IN PARLIAMENT

Bills Introduced

Appropriation (2005/06 Supplementary Estimates) Bill - Hon Dr Michael Cullen

The Bill seek the authorisation of parliament for the individual appropriations and changes contained in the Supplementary Estimates for the year ending 30 June 2006.

Consumer's Right to Know (Food Information) Bill - Members Bill - Sue Kedgley (Greens)

The Bill would require the Government to introduce a labelling system for food sold in New Zealand. The system would provide "consumers with sufficient accurate and meaningful information to enable them to make informed food purchasing decisions about genetically engineered foods and ingredients in the food chain, as well as the country of origin of foods".

Local Government (Rating Cap) Amendment Bill - Members Bill - Rodney Hide (Act)

The Bill caps the level of rates increase that local authorities may impose on residents in any one year or in any proposed three-year period. The Bill proposes the cpi+x formula recently adopted for the electricity industry. The Bill's first reading has been deferred to the third week of July.

Resource Management (Security for Costs) Amendment Bill - Members Bill - Kate Wilkinson (National)

The Bill would restore the power of Judges in the Environment Court to order a party to give security for costs.

Shop Trading Hours Act Repeal (Easter Trading) Amendment Bill

A members bill in the name of Steve Chadwick (Labour). The Bill would give local authorities the power to decide whether retail shops in their districts may open on Easter Sunday.

Taxation (Annual Rates, savings Investment and Miscellaneous Provisions) Bill - Hon Peter Dunne

The Bill sets the tax rates for the 2006 - 2007 tax year, aligns the tax treatment of individual investors who save by investing directly in shares and the tax treatment of investors who use financial intermediaries, and makes miscellaneous amendments to tax law.

Waste Minimisation (Solids) Bill

A private members' bill in the name of Nandor Tanczos (Greens). The Bill provides for the development of a national waste minimisation framework, as well as changes intended to reduce the amount of waste created and promote reuse and recycling whenever possible. The Bill's First Reading has been deferred until June 14.

First Readings

Appropriation (2006/07 Estimates Bill - Hon Dr Michael Cullen (18.5.06)

The Bill seeks the authorisation of Parliament for the individual appropriations contained in the Estimates for the year ending June 2007 and presented to the House as part of the Budget documentation.

Marine Reserves (Consultation with Stakeholders) Amendment Bill - Members Bill - Eric Roy (National)

The Bill seeks to ensure early consultation in the preparation of any application for the declaration of a marine reserve, for the purposes of promoting wide community support for such an application. The Bill would:

  • require consultation during the preparation of an application;
  • specify that such consultation must include groups representing the interest of persons who use the area of the proposed marine reserve for the purposes of recreational fishing, sailing or other recreational uses, commercial fishing and tourism operations, as well as persons closely associated with the area, such as tangata whenua; and
  • provide that, in the course of such consultation, the applicant must explore ways in which the application may avoid or mitigate adverse effects on existing uses of the area of the proposed marine reserve.

Bills Before Select Committee

Open for submissions

Bill Select committee Submissions close Report due
Electoral (Reduction in Number of Members of Parliament) Amendment Bill Justice & Electoral No closing date 14 June
Westpac New Zealand Bill Finance & Expenditure No closing date 28 September
Young Offenders (Serious Crimes) Bill Law & Order 14 July 28 September
Te Arawa Lakes Settlement Bill Maori Affairs 31 May 4 August
Resource Management (Climate Protection) Amendment Bill Local Government & Environment 1 June 28 September
Law Reform (Epidemic Preparedness) Bill Government Administration 6 June 31 July
Communications Legislation Bill Commerce 23 June 28 July
Social Security (Long-term Residential Care) Amendment Bill Social Services 7 July 30 September
Human Tissue (Organ Donation) Amendment Bill Health 14 July 2 November
Residential Tenancies (Damage Insurance) Amendment Bill Social Services 14 July 2 November
Marine Reserves (Consultation with Stakeholders) Amendment Bill Local Government & Environment No closing date 16 November
Easter Sunday Shop Trading Amendment Bill Commerce 29 June 16 November
Taxation (Annual Rates, Savings Investment, and Miscellaneous Provisions) Bill Finance & Expenditure 7 July 24 November

Submissions closed

Bill Select committee Report due

Energy Safety Review Bill

Commerce 8 August
Rail Network Bill
Government Administration 26 May
Child Support Amendment Bill (No 4) Social Services 5 June
Local Government Law Reform Bill Local Government & Environment 12 June
Geographical Indications (Wine & Spirits) Registration Bill Foreign Affairs, Defence & Trade 13 June
Standards and Conformance Bill Commerce 13 June
Sports Anti-doping Bill Government Administration 26 June
Meat Board Amendment Bill Primary Production 27 July
Animal Welfare (Restriction on Docking of Dogs' Tails) Bill Government Administration 27 July
Insolvency Law Reform Bill Commerce 20 August
Minimum Wage (Abolition of Age Discrimination) Amendment Bill Transport & Industrial Relations 21 August
Trustees Executors Limited Amendment Bill Commerce 21 August
Waitakere Ranges Heritage Area Bill Local Government & Environment 21 August
Education (Trustee Ineligibility) Amendment Bill Education & Science 28 August
Marine Reserves Bill Local Government & Environment 28 August
Overseas Investment (Queen's Chain Extension) Amendment Bill Local Government & Environment 28 August
Employment Relations Amendment Bill Transport & Industrial Relations 31 August
Evidence Bill Justice & Electoral 31 August
New Zealand Bill of Rights (Private Property Rights) Amendment Bill Justice & Electoral 31 August
New Zealand Day Bill Justice & Electoral 31 August
Sex Offenders Registry Bill Justice & Electoral 31 August
Unsolicited Electronic Messages Bill Commerce 31 August
KiwiSaver Bill Finance & Expenditure 1 September
Immigration Advisers Licensing Bill Transport & Industrial Relations 13 September
Employment Relations (Probationary Employment) Amendment Bill Transport & Industrial Relations 14 September
Manukau City Council (Control of Graffiti) Bill Local Government & Environment 18 September
Manukau City Council (Control of Street Prostitution) Bill Local Government & Environment 18 September
Crimes of Torture Amendment Bill Foreign Affairs, Defence & Trade 27 September
Arms Amendment Bill (No 3) Law & Order 30 September
Sale of Liquor (Youth Alcohol Harm Reduction) Amendment Bill Law & Order 30 September
Crimes (Abolition of Force as a Justification for Child Discipline) Amendment Bill Justice & Electoral 31 October
Employment Relations (Flexible Working Hours) Amendment Bill Transport & Industrial Relations 30 April 2007
Kerikeri National Trust Bill Local Government & Environment 25 May 2007

 

Second Reading

Children, Young Persons and Their Families Amendment Bill (No 4)
Climate Change Response Amendment Bill
Disabled Persons Employment Promotion (Repeal and Related Maters) Bill
Education (Establishment of Universities) Amendment Bill
Electoral (Integrity) Amendment Bill
Housing Restructuring & Tenancy Matters (Information Matching) Bill
Oaths Modernisation Bill

Committee stage

Coroners Bill
Crimes (Intimate Covert Filming) Amendment Bill
Criminal Procedure Bill
Independent Police Complaints Authority Amendment Bill
Historic Places Amendment Bill
New Zealand Superannuation and Veterans' Pensions (Entitlements of Spouses and Partners of People in Long-term Residential Care and Remedial Matters) Bill
Protected Objects Amendment Bill
Securities Legislation Bill

 

IN CONSULTATION

The current government reports and discussion papers released for consultation are:

AGENCY ISSUE SUBMISSIONS DUE
Ministry of Health Health and disability sector standards review 2 June
Ministry of Economic Development

The commissioning rule, contracts and the Copyright Act 1994

Expenditure review of business assistance programmes

Technical coordination between managers: technical discussion paper

Ministerial review of regulatory frameworks

31 May


31 May

9 June


ongoing
Department of Building and Housing Review of the Unit Titles Act 1972 2 June
Securities Commission Proposal to declare certain foreign exchange contracts to be futures contracts under the Securities Markets Act 1988 2 June
Electricity Commission Draft decision on Transpower's Auckland 400kV grid investment proposal

Modifications to centralised dataset

High spring washer pricing

Draft benchmark agreement
9 June


16 June

30 June

24 July
Foundation for Science, Research and Technology New investment pathways and processes 9 June
Tertiary Education Commission Merger of the Dunedin College of Education with the University of Otago

Merger of Christchurch College of Education with the University of Canterbury
9 June


9 June
Ministry of Health Review of the Smoke-free Environments Regulations 1999: Health warnings on tobacco products

Regulation of psychotherapy under the Health Practitioners Competence Assurance Act 2003
13 June


16 June
Department of Labour Immigration Act review 14 June
Land Transport New Zealand Draft Land Transport Rule: Operator Licensing Rule 81001 14 June
New Zealand Food Safety Authority Proposals to amend the New Zealand (Maximum Residue Limits of Agricultural Compounds) Food Standards 2005 (No. 2) April 2006 21 June
Ministry of Transport Public Transport Procurement Legislation Review 23 June
Ministry of Consumer Affairs

Review of the redress and enforcement provisions of consumer protection law

Review of the Consumer Information Standards (Used Motor Vehicles) Regulations

29 June


14 July

Walking Access Consultation Panel Outdoor walking access 30 June

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

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