NEWS ON POLICY AND POLITICS
31 May, 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

Clock ticking on the fifth Labour government
The 2007 budget was the government's last best chance to revive its political fortunes.
more...

Gordon Copeland Strengthens Dunne's hand
Paradoxically, Gordon Copeland desertion from United Future has added strength to Peter Dunne's hand. more...

IN PARLIAMENT

Bills Introduced
Taxation (Annual Rates, Business Taxation, KiwiSaver, and Remedial Matters) Bill more...
Weathertight Homes Resolution Services (Remedies) Amendment Bill more...

At Select Committee

Open for submissions more...
Submissions closed more...

Bills Reported Back more...
Bills Delayed more...
Supplementary Order Papers more...
Acts Assented more...
New Regulations more...
Hearings of Note more...

IN THE WINGS

Land Transport Sector more...
Financial Products and Providers more...

IN CONSULTATION more...

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What's New
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Current

IN OTHER NEWS more...


BUDGET SPECIAL

Clock ticking on the fifth Labour government?

The 2007 budget was the government's last best chance to revive its political fortunes. Labour may yet get to deliver an election year special, but strategically targeted spending and the promise of tax cuts to come will do little to shift growing public perceptions of a government that has had its day.

That perception has not been helped by the Finance Minister's cheery assertion that his eleventh hour changes to Kiwisaver were thought up at the beach. This and the many, apparently unforeseen, fishhooks in Labour's flagship policy have overshadowed the several more worthwhile aspects of the budget, leaving Labour with yet another liability to manage.

The several political polls conducted since the budget announcement have underscored the point and the relegation of Helen Clark as preferred Prime Minister has delivered an unequivocal message that the public is looking for a new tune and fresher faces in the body politic.

This won't be lost on Clark, who has long telegraphed a third term reshuffle to bring Labour's 'younger' talent onto Labour's front benches. First termers Maryan Street and Shane Jones are worthy candidates, but their elevation is unlikely to be enough to address public dissatisfaction, which has its sources higher in Labour's batting order.

Of course, both Labour and National have downplayed the polls and pointed out that a lot can happen in 18 months. Amongst Wellington's latte-sippers, no-one is prepared to dismiss Clark's skills as a coalition builder and there is some speculation that National may have peaked too soon.

In a pre-MMP world that may well have been the case. Then, even seriously wounded governments could, more often than not, limp home by sheer force of will. But that was then and as Labour's support parties assess the strength of public sentiment now, they will be alive to the very real disadvantages - and advantages - of propping up an unpopular regime.

Already, Winston Peters raised the stakes of his pre-election negotiations with National by pointing to the safe seat that Labour has allegedly thrown his way. Peter Dunne has raised stakes of his own by reminding Labour that his support should not be taken for granted. Labour is on notice that United is looking for early wins - and credit - on the major points of its support agreement and the big hint has been dropped that political marriages are not eternal.

It would be rash, on the basis of that, to assert that an early election is inevitable, or even probable. Labour continues to command a majority and the defection of one or even two parties, although crippling, will not necessarily be fatal. But with the hands of the minor parties being strengthened, the environment for horse trading on key policy planks, such as climate change, has been dramatically enhanced as Labour tries to buy the time necessary to shore up its position for 2008.

Gordon Copeland Strengthens Dunne's hand

Paradoxically, Gordon Copeland's desertion from United Future has added strength to Peter Dunne's hand. By making his continued support for the Government on matters of confidence and supply contingent on continued progress on Labour's post-election agreement with United Future, Copeland has provided Dunne with a useful edge in his behind the scenes dealings with the Prime Minster.

Copeland's natural leanings are toward National and provide a useful counter-point to those of his former colleague, Judy Turner. This will lend Dunne credibility in any implied threats he may make about leaving his latest political home.

While that bigger game is played out, Copeland will work with old colleague, Larry Baldock, on the formation of the 'Future New Zealand Party'. Issue-specific and based on 'Christian values' the Party will focus on the repeal of the recently passed 'anti-smacking' legislation, making that a contingency of any future negotiations on the formation of a government after the 2008 election.

 

IN PARLIAMENT

Bills Introduced

Taxation (Annual Rates, Business Taxation, KiwiSaver, and Remedial Matters) Bill
Government Bill. Hon Peter Dunne

This Bill proposes to enact key decisions following from the Business Tax Review, including the introduction of a tax credit for research and development and the reduction of the company tax rate from 33% to 30% from the start of the 2008-09 income year.

The Bill also proposes enhancements to the KiwiSaver Scheme (including a tax credit and compulsory employer contributions for members between 18 years of age and the age of eligibility to withdraw the member's interest); and tax incentives for giving to charitable organisations (by introducing measures to remove the current caps on the dollar amount of charitable donations that are eligible for tax relief).

Weathertight Homes Resolution Services (Remedies) Amendment Bill
Government Bill. Hon Clayton Cosgrove

The purpose of the Bill is to clarify the remedies that may be claimed under the Weathertight Homes Resolution Services Act and may be ordered by the Weathertight Homes Tribunal in determining a claim adjudicated by it. Those remedies may include general damages for mental distress and anxiety.

At Select Committee

The Taxation (Annual Rates, Business Taxation, KiwiSaver, and Remedial Matters) Bill has been referred to the Finance and Expenditure committee for report back by 16 November. Submissions close on 12 July.

The Weathertight Homes Resolution Services (Remedies) Amendment Bill has been referred to the Social Services committee for report back by 18 June. Submissions are not called.

Open For Submissions

Bill Select committee Submissions close Report due
Education (Tertiary Reforms) Amendment Bill Education and Science 29 June 8 November
International Finance Agreements Amendment Bill Foreign Affairs, Defence and Trade 22 June 8 November
Taxation (Annual Rates, Business Taxation, KiwiSaver, and Remedial Matters) Bill Finance & Expenditure 12 July 16 November
Terrorism Suppression Amendment Bill Foreign Affairs, Defence & Trade 18 May 28 September


Submissions Closed

Bill Select committee Report due
Agricultural Compounds and Veterinary Medicines Amendment Bill Primary Production 5 June
Airport Authorities (Sale to the Crown) Amendment Bill Transport & Industrial Relations Committee

31 August

Animal Welfare (Restriction on Docking of Dogs’ Tails) Bill Govt Administration 14 December
Armed Forces Law Reform Bill Foreign Affairs, Defence & Trade 14 September
Arms Amendment Bill (No. 3) Law & Order 28 September
Aviation Security Legislation Bill Transport & Industrial Relations 16 July
Births, Deaths, Marriages, and Relationships Registration Amendment Bill Govt Administration 31 October
Building (Late Consent is a Free Consent) Amendment Bill Local Govt & Environment 31 May
Copyright (New Technologies and Performers' Rights) Amendment Bill Commerce 11 July
Corrections (Mothers With Babies) Amendment Bill* Law & Order 21 November
Criminal Justice Reform Bill Justice & Electoral 4 June
Criminal Proceeds (Recovery) Bill Law & Order 19 September
Employment Relations (Flexible Working Hours) Amendment Bill (set aside for one year from 24 March 06 for further research) Transport & Industrial Relations 31 July
Fisheries Act 1996 Amendment Bill Primary Production 31 August
Health (Drinking Water) Amendment Bill Health 25 June
Human Tissue Bill Health 31 July
Human Tissue (Organ Donation) Amendment Bill Health 31 July
Income Tax Bill Finance & Expenditure 16 July
Major Events Management Bill Commerce 15 June
Marine Reserves Bill Local Govt & Environment 31 August
Mental Health Commission Amendment Bill Health 11 June
Minimum Wage (Abolition of Age Discrimination) Amendment Bill Transport & Industrial Relations 30 June
Minimum Wage and Remuneration Amendment Bill Transport & Industrial Relations 31 July
NZ Bill of Rights (Private Property Rights) Amendment Bill
Justice & Electoral 28 September
Official Information (Openness of District Health Boards New Zealand) Amendment Bill Health 30 June
Overseas Investment (Queen's Chain Extension) Amendment Bill Local Government & Environment 24 August
Property Law Bill Justice & Electoral 25 June
Protection of Personal and Property Rights Amendment Bill Social Services 6 June
Resource Management (Climate Protection) Amendment Bill Local Government & Environment 30 June
Sale of Liquor (Youth Alcohol Harm Reduction) Amendment Bill
Law & Order 20 October
Sex Offenders Registry Bill Justice & Electoral 31 August
Statutes Amendment Bill Govt Administration 31 October
Te Roroa Claims Settlement Bill Maori Affairs 1 June
Therapeutic Products and Medicines Bill Government Administraion 15 June
Waste Minimisation (Solids) Bill Local Govt & Environment 29 June
Young Offenders (Serious Crimes) Bill Law & Order 28 September


Bills Reported Back

Kerikeri National Trust Bill
Waitakere Ranges Heritage Area Bill

Bills Delayed

The report-back dates on the following Bills have been delayed:

Copyright (New Technologies and Performers' Rights) Amendment Bill: now 11 July
Animal Welfare (Restriction on Docking of Dogs' Tails) Bill: now 14 December
New Zealand Bill of Rights (Private Property Rights) Amendment Bill: now 28 September
Corrections (Mothers with Babies) Amendment Bill: now 21 November
Marine Reserves (Consultation with Stakeholders) Amendment Bill: now 31 August
Fisheries Act 1996 Amendment Bill: now 31 August
Minimum Wage (Abolition of Age Discrimination) Amendment Bill: now 30 June

Supplementary Order Papers

SOP 114: Social Security Amendment Bill
Hon David Benson-Pope

The amendment to clause 2 has the effect that all of Part 1 and Schedules 1 to 3 will come into force on 2 July 2007. The SOP also amends clause 20 and a new clause 33A replaces section 77(4)(b) of the principal Act with a provision that expands on the exceptions whereby a beneficiary who is absent from New Zealand may continue to receive a benefit. The beneficiary must be in receipt of an invalid's benefit on the grounds of sickness, injury, disability, or total blindness, and is absent in order to receive vocational training or disability assistance-dog training.

Acts Assented

Crimes (Substituted Section 59) Amendment Act 2007
Social Security (Entitlement Cards) Amendment Act 2007
Taxation (KiwiSaver and Company Tax Rate Amendments) Act 2007

New Regulations

Accommodation Determination 2007
Building Amendment Regulations 2007
Building (Design Work Declared to be Building Work) Order 2007
Building (Designation of Building Work Licence Classes) Order 2007
Companies Act 1993 Amendment Regulations 2007
Companies Amendment Act (No 2) 2006 Commencement Order 2007
Crown Minerals (Minerals Fees) Amendment Regulations 2007
Crown Minerals (Petroleum Fees) Amendment Regulations 2007
Dairy Industry (Herd Testing and New Zealand Dairy Core Database) Amendment Regulations 2007
Excise and Excise-equivalent Duties (Alcoholic Beverages Indexation) Amendment Order 2007
Financial Reporting (Fees and Forms) Regulations 2007
Financial Reporting Amendment Act 2006 Commencement Order 2007
Gambling (Problem Gambling Levy) Regulations 2007
Health Practitioners Competence Assurance (Designation of Psychotherapy Services as Health Profession) Order 2007
Local Government (Watercare Services Limited) Order 2007
Notice 2007 Civil List (Annuities) Determination 2007
New Zealand Horticulture Export Authority (Nashi/Asian Pear) Amendment Order 2007
Parental Leave and Employment Protection (Rate of Parental Leave Payment) Regulations 2007
Parliamentary (Official Inter-Parliamentary Travel Programme) Travel and
Securities Act (Financial Institutions) Exemption Notice 2007
Securities Act (New Zealand Post Limited Stamp Collectors) Exemption Amendment Securities Act (Strategic Finance Limited) Exemption Notice (No.2) 2007
Securities Act (Tasman Capital Limited) Exemption Notice 2007
Takeovers Code Approval Amendment Regulations 2007
Takeovers Code (Talleys Fisheries Limited) Exemption Notice 2007
The New Zealand Distinguished Service Decoration
The Queens Service Order

Hearings Of Note

The Commerce committee heard further evidence on the Major Events Management Bill. It also commenced hearing evidence on its inquiry into valuation methodology and practice for valuing State-Owned Enterprises. Evidence was also heard in relation to the Housing Affordability Inquiry. The Committee is expected to finish its deliberations on the Bill by 12 June. It is scheduled to report back to the House on 15 June.

The Education and Science committee was briefed on CCMAU's monitoring of Crown Research Institutes ("CRIs"). Discussion was held on the financial performance of the CRIs, with concerns from National that the CRIs were under-performing financially. Executive Director, Murray Wright, explained that CRIs have a range of financial and non-financial objectives and that they must be sufficiently profitable to maintain their capabilities. National questioned whether there is a case to consider a new structure for CRIs and Mr Wright advised the committee that alternative structure options have not been considered by CCMAU.

The Government Administration committee has continued its consideration of the Therapeutic Products and Medicines Bill; the Animal Welfare (Restriction on Docking of Dogs Tails) Bill; the Births, Deaths, Marriages and Relationships Registration Amendment Bill; and the Statutes Amendment Bill.

The Health committee considered further the Mental Health Commission Amendment Bill and the Official Information (Openness of District Health Boards New Zealand) Bill. Further evidence was heard on the Health (Drinking Water) Amendment Bill and evidence received from the Ministry of Health on its contract with the Order of St John for the supply of ambulance services. The sub-committee also continues its inquiry into obesity and type two diabetes.

The Local Government and Environment committee continues to hear evidence on the Waste Minimisation (Solids) Bill. On 17 May, the committee was briefed by the Office of the Auditor-General on its performance audit of territorial authorities' waste management planning for solid waste. The committee also continues to hear evidence on the Building (Late Consent is a Free Consent) Amendment Bill.

The Regulations Review committee has considered complaints regarding the Dairy Industry Restructuring (Raw Milk) Regulations 2001, and the Notice of Scopes of Practice and Related Qualifications prescribed by the Nursing Council of New Zealand. The committee is also considering regulation-making powers in the Aviation Security Legislation Bill.

The Transport and Industrial Relations committee has continued to hear evidence on the Aviation Security Legislation Bill, the Airport Authorities (Sale to the Crown) Amendment Bill and the Minimum Wage (Abolition of Age Discrimination) Amendment Bill.

 

IN THE WINGS

Land Transport Sector Review
Cabinet has agreed to all the key recommendations in the Land Transport Sector Review (with the exception of completely ring-fencing fuel excise duty, road user charges and motor vehicle registration fees for land transport expenditure. This requires further analysis). Recommendations include changes to the national planning and funding system and structure, as well as the merging of Land Transport New Zealand and Transit New Zealand into a new statutory Crown entity. The Ministry of Transport will lead the implementation process and are expected to report back to the Ministers later this year.

Maori Governance
Cabinet is currently considering the draft Waka Umanga (Maori Corporation) Bill which will provide a modern governance structure for Maori organisations. Public consultation is expected to be announced in the next week and will occur throughout June.

 

IN CONSULTATION

What's New

AGENCY ISSUE SUBMISSIONS CLOSE ON...
(2007)
Electricity Commission

Transpower application to conduct supply-side electricity demand trial

The Allocation of Under-frequency Event Charge Rebates

Two traders at a Point of Connection

Market Design Review Issues Paper

1 June

8 June

15 June

29 June

Environment, Ministry for the National Policy Statement on Electricity Transmission
25 July
Fisheries, Ministry of Ten new species for Quota Management System
29 June
Food Standards Australia NZ

Consideration of Mandatory Fortification with Iodine

Mannoproteins as a food additive for wine; Steviol glycosides as intense sweeteners; Ratio of long chain polyunsaturated fatty acids in infant formula; Food derived from amylase-modified corn line 3272; Review of cyclamate permissions;

6 June

4 July

Health, Ministry of

Governance Guide For Primary Health Organisations

Terms of Reference for the Review of the HealthPractitioners Competence Assurance Act 2003

8 June

6 July

Land Transport NZ Vehicle exhaust emission standards
9 July
Standards NZ

Electricity and Gas Industries – Safety Management Systems for Public Safety

Electrical Installations - Floor and Ceiling Heating Systems

13 July

20 July

Tourism, Ministry of Tourism Strategy 2015
27 June

 

Current

RELEASED BY... ISSUE SUBMISSIONS CLOSE ON...
Australia NZ Therapeutic Products Authority

The Regulation of Human Cellular and Tissue Therapies

In-Vitro Diagnostic Devices (IVD) Revision Draft

13 June


13 June

Building & Housing, Dept of Energy efficiency of buildings (domestic hot water and commercial heating, ventilating and air-conditioning systems)
29 July
Conservation, Dept of Mountain Biking on Public Conservation Land
30 June
Culture & Heritage, Ministry of Resale Royalty Right for Visual Artists
22 June
Economic Development, Ministry of

Digital Trunked Land Mobile in the 800 MHz Band

Review of Regulatory Control Provisions Under the Commerce Act 1986

15 July

6 July

Education, Ministry of Reviews of the Institutions at Risk Legislation and the Associated Gazetted Criteria

7 June
Health, Ministry of

Primary Health Care Strategy: Key Directions for the Information Environment

Newborn Metabolic Screening Programme

1 June


20 June

Inland Revenue Department Deductibility of feasibility expenditure

30 June
Internal Affairs, Dept of New Fire Legislation: A framework for New Zealand's fire and rescue services and their funding
30 June
Labour, Dept of Definition of Serious Harm
15 June
Land Information NZ Standard for the selection and promulgation of safety-critical hydrographic information
5 June
Land Transport NZ Physical works and professional services procurement procedures
1 June
NZ Food Safety Authority Amendments to the NZ (Maximum Residue Limits of Agricultural Compounds) Food Standards 2007
12 June
Social Development, Ministry of Updating the Children, Young Persons, and Their Families Act 1989
1 June
Transit NZ Electronic fee transaction using dedicated short-range communication
21 June
Tertiary Education Commission Foundation learning progressions for listening, speaking, reading, writing & numberacy - draft consultation document
30 June

 

IN OTHER NEWS

The Government's Preferred Options for Reform of the Real Estate Agents Act 1976
The Ministry of Justice is undertaking a comprehensive review of the Real Estate Agents Act 1976.

Click here to view the consultation document.

The consultation document builds on earlier work and contains draft proposals for amendments to the current Act. Written submissions are requested and are due by 10 July.

 


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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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