NEWS ON POLICY AND POLITICS
22 November, 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

Economic Transformation: "The Kiwi Way"
This month, Economic Development Minister, Hon Trevor Mallard, released a strategy "for securing New Zealand’s future prosperity and forging a unique New Zealand national economic identity." more...

IN PARLIAMENT

Bills Introduced more...

Income Tax Bill: Government Bill. Hon Peter Dunne.

Student Loan Scheme Amendment Bill (No 2): Government Bill. Hon Peter Dunne.

First Reading more...

Foreshore and Seabed Act (Repeal) Bill

Bills Before Select Committee more...

Open for submissions

Submissions closed

Bills Reported Back more...

Law Reform (Epidemic Preparedness) Bill.

Maori Purposes Bill

Second Reading more...
Committee Stage more...
Third Reading more...
Bills Defeated more...
Acts Assented more...

IN OTHER NEWS

MPs reduction campaign suffers setback more...

Building Code submitters opt for quality and sustainability more...

IN CONSULTATION

What's New more...

Consultation on Energy Efficiency of Buildings

Police Act Review. Issues Papers 6 & 7: Relationships & Administration

Current more...

 

IN POLITICS

Economic transformation: "The Kiwi Way"

This month, Economic Development Minister, Hon Trevor Mallard, released a strategy "for securing New Zealand’s future prosperity and forging a unique New Zealand national economic identity."

Beating, yet again, the national identity, No. 8 wire drum, the Minister pointed to the need to tailor programmes that respond to characteristics that are uniquely our own: "our environment, our isolation from key markets, our small size, our natural strengths and resources, our talents in innovation, our kiwi can-do attitude."

The government's plan it seems involves business doing the hard yards. "Businesses will need to drive the innovation and internationalisation that must take place to grow our economy, and businesses, with government support, must take this responsibility on board," Mr Mallard said.

Work will be ongoing, a range of government agencies developing five economic transformation themes: Growing globally competitive firms, developing world-class infrastructure, developing innovative and productive workplaces, making Auckland an internationally competitive city and enhancing environmental sustainability.

The key areas of current and future work identified include:

  • improving the business environment and national innovation system
  • internationalising business through exports and investment offshore
  • reviewing business tax and regulatory frameworks
  • improving linkages between firms, Crown Research Institutes and Tertiary Education Institutes
  • improving capital markets, savings and investment
  • developing affordable, high-speed ICT infrastructure
  • securing the supply of the country’s gas and electricity
  • investing in transport infrastructure
  • increasing foundation skills, workplace management and leadership skills
  • upskilling the workforce and supporting top talent
  • developing an agreed vision and plan for Auckland, including creating a legacy from the Rugby World Cup 2011
  • investing in Auckland’s infrastructure, labour market and environment
  • addressing climate change, sustainable water and sustainable land management issues.

Those familiar with the e-commerce and national vision rhetoric of the past seven years, will find not a lot new in all this. The possible exception might be the not so-veiled reference to the rationalisation of Auckland's political structure and "legacy" provided by Auckland's national stadium.

 

IN PARLIAMENT

Bills Introduced

Income Tax Bill: Government Bill. Hon Peter Dunne.

This Bill is the fourth and final stage in the project to re-write New Zealand's income tax legislation. The objective of the re-write project is to make the legislation clear.

Student Loan Scheme Amendment Bill (No 2): Government Bill. Hon Peter Dunne.

This Bill is intended to remove barriers to student loan borrowers living overseas returning to New Zealand and to ensure that borrowers are given their correct entitlements and obligations under the Act.

First Readings

Foreshore and Seabed Act (Repeal) Bill
Legal services (Territorial Customary Rights) Amendment Bill
Local Electoral (Repeal of Race-Based Representation) Amendment Bill
Resource Management (Restricted Coastal Activities) Amendment Bill
Subordinate Legislation (Confirmation and Validation) Bill (No. 2)
Treaty of Waitangi (Removal of Conflict of Interest) Amendment Bill

Before Select Committee

Open for submissions

Bill Select committee Submissions close Report due
Arbitration Amendment Bill Justice & Electoral 27 November 9 April 07
Building (Late Consent is a Free Consent) Amendment Bill Local Govt & Environment 27 November 10 April 07
Human Tissue Bill Health 16 February 13 May 07
Injury Prevention, Rehabilitation, and Compensation Amendment Bill Transport & Industrial Relations Submissions not called 18 December
Judicial Retirement Age Bill Justice & Electoral Submissions not called 14 May 07
Marine Reserves (Consultation with Stakeholders) Amendment Bill Local Government & Environment Submissions not yet called 16 November 07
Property Law Bill Justice & Electoral Submissions not called 13 May 07
Subordinate Legislation (Confirmation and Validation) Bill (No. 2) Regs Review Submissions not yet called 4 December
Succession (Homicide) Bill Justice & Electoral 27 November 9 April 07
Wills Bill Justice & Electoral 27 November 9 April 07

Submissions closed

Bill Select committee Report due
Animal Welfare (Restriction on Docking of Dogs’ Tails) Bill
Govt Administration 14 December
Arms Amendment Bill (No 3) Law & Order 29 March 07
Corrections ( Mothers With Babies) Amendment Bill* Law & Order 16 January 07
Crimes (Abolition of Force as a Justification for Child Discipline) Amendment Bill* Justice & Electoral 31 October
Customs and Excise Amendment Bill (No 2) Foreign Affairs, Defence and Trade 31 January 07
Easter Sunday Shop Trading Amendment Bill Commerce 16 November
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 07
Employment Relations (Probationary Employment) Amendment Bill* Transport & Industrial Relations 16 November
Health (Drinking Water) Amendment Bill Health 20 December
Human Tissue (Organ Donation) Amendment Bill Health committee 2 November
Justices of the Peace Amendment Bill Law & Order 18 January 07
Kerikeri National Trust Bill Local Govt & Environment 25 May 07
Law Reform (Epidemic Preparedness) Bill Govt Administration 20 November
Manukau City Council (Control of Graffiti) Bill Local Government & Environment 14 December
Maori Purposes Bill Maori Affairs 21 November
Marine Reserves Bill Local Government & Environment 28 February 07
Minimum Wage (Abolition of Age Discrimination) Amendment Bill Transport & Industrial Relations 1 March 07
Minimum Wage and Remuneration Amendment Bill Transport & Industrial Relations 22 February 07
NZ Bill of Rights (Private Property Rights) Amendment Bill Justice & Electoral 28 February 07
NZ Day Bill Justice & Electoral 28 February 07
Rail Network Bill Govt Administration 26 May
Resource Management (Climate Protection) Amendment Bill Local Government & Environment 14 December
Sale of Liquor (Youth Alcohol Harm Reduction) Amendment Bill* Law & Order 20 October
Sex Offenders Registry Bill Justice & Electoral 31 August
Shop Trading Hours Act Repeal (Easter Trading) Amendment Bill* Commerce 13 December
Taxation (Annual Rates, Savings Investment, and Miscellaneous Provisions) Bill Finance & Expenditure 24 November
Telecommunications Amendment Bill Finance & Expenditure 6 November
Waitakere Ranges Heritage Area Bill Local Govt & Environment 21 November
Waste Minimisation (Solids) Bill Local Govt & Environment 13 December
Weathertight Home Resolution Services Amendment Bill Social Services 4 December
Young Offenders (Serious Crimes) Bill Law & Order 29 March 07

Reported Back

Crimes (Abolition of Force as a Justification for Child Discipline) Amendment Bill.

The Bill intended to prevent parents or care-givers hitting children as punishment, has been reported back to the House today by the Justice & Electoral committee with a re-write of the contentious Section 59.

Although it removes the defence of “reasonable force” for the purpose of “correction”, the new section 59 nevertheless allows reasonable force for other purposes, such as protecting a child from danger, providing “normal daily care” and preventing a child doing harm to others.

The committee has also recommended that the name of the Bill be changed to Crimes (Substituted Section 59) Amendment Bill.

Law Reform (Epidemic Preparedness) Bill.

The proposed changes to this Bill are mainly technical in nature, with the exception of:

  • a recommendation that the House should have the power to disallow regulations made by Orders In Council within six days of them being made; and
  • an amendment to clause 9 to ensure that fundamental rights and freedoms under the Bill of Rights 1688, Judicature Amendment Act 1972, the NZ Bill of Rights Act 1990 and the Habeas Corpus Act 2001 are protected by ensuring that any changes to these Acts can only be done by way of primary legislation.

Maori Purposes Bill

No policy substantive policy changes have been recommended by the Maori Affairs committee. The closing-off date for new historical Treaty of Waitangi claims remains unchanged at 1 September 2008.

A change of a technical nature has been proposed with the suggested insertion of a new section 148A of the Maori Fisheries Act 2004 to enable Te Ohu Kai Moana Trustee Ltd, when allocating quota to iwi, to take into account any changes to the quota shares it holds resulting from alternations to quota management areas under section 25 of the Fisheries Act 1996.

Second Reading

Criminal Procedure Bill
CYF Amendment Bill (No. 4)
Disabled Persons Employment Promotion (Repeal & Related Matters) Bill
Education (Establishment of Universities) Amendment Bill
Evidence Bill
Immigration Advisers Licensing Bill
Manukau City Council (Control of Graffiti) Bill
Oaths Modernisation Bill
Police Amendment Bill (No. 2)
Residential Tenancies Amendment Bill
Residential Tenancies (Damage Insurance) Amendment Bill
Statutes Amendment Bill (No. 5)
Unsolicited Electronic Messages Bill
Veterinarians Bill

Committee Stage

Communications Legislation Bill (Committee stage interrupted)
Conservation (Protection of Trout as a Non-commercial Species) Amendment Bill (Stalled at committee stage)
CYF Amendment Bill (No. 2)
Energy Safety Review Bill
Independent Police Complaints Authority Amendment Bill

Third Reading

Crimes of Torture Amendment Bill
Crimes (Intimate Covert Filming) Amendment Bill
Criminal Procedures Bill
Energy Safety Review Bill
Evidence Bill
Parental Leave and Employment Protection (Paid Parental Leave for Self-Employed Persons) Amendment Bill
Plumbers, Gasfitters, and Drainlayers Bill
Social Security (Long-term Residential Care) Amendment Bill
War Pensions Amendment Bill - (3rd Reading Interrupted)

Bills Defeated

Electoral (Reduction in Numbers of Members of Parliament) Amendment Bill
Sale of Liquor (Youth Alcohol Harm Reduction: Purchase Age) Amendment Bill

Acts Assented

Business Law Reform Bill
Climate Change Response Amendment Bill
Ngati Mutunga Claims Settlement Bill
Rotorua Library Trust Fund Variation Bill

 

IN OTHER NEWS

MPs reduction campaign suffers setback

The defeat of a bill aimed at reducing the numbers of MPs in Parliament to 99 has set back efforts to enhance the accountability and responsiveness of the House. New Zealand First's Barbara Stewart has noted Parliament's failure to implement the wishes of a clear majority of New Zealanders as expressed in the 1999 referendum. She has announced in response that New Zealand First will put forward a Members Bill to make the results of citizens initiated referenda binding.

Building code submitters opt for quality and sustainability

Submissions during the current Building Code review have reflected a strong preference for quality, energy efficient buildings that last for generations, according to Building Issues Minister, Hon Clayton Cosgrove.

His comment follows analysis of the 265 submissions received on the Government's discussion document 'Building for the 21st Century - Review of the Building Code'.
Mr Cosgrove said the support for change was also tempered with caution, with submitters recognising the need to balance costs and benefits with affordability and with what would give the best long-term benefits.

A synopsis of the current round of submissions will be published before Christmas on the Department of Building and Housing website www.dbh.govt.nz

A second discussion document with detailed performance criteria will be published early next year, with the entire review scheduled for completion by November 2007. The new Code is projected to take effect in 2008.

 

IN CONSULTATION

What's New

Consultation on energy efficiency of buildings

The Department of Building and Housing has invited submissions on proposed changes to the Building Code. The proposed changes include:

  • requiring better insulation for new homes, including double-glazing
  • making it easier to install solar water-heating systems
  • improving lighting efficiency in commercial buildings.

The proposed changes can be found on the Department of Building and Housing website.

Police Act Review. Issues Papers 6 & 7: Relationships & Administration

The NZ Police has released the sixth and seventh papers of a series intended to inform its work on rewriting the legislative framework of the Police. Paper 6 (Relationships) focuses on how new legislation might describe New Zealand Police’s relationships with other agencies that have justice, safety and security responsibilities.

This paper can be found on the Police website. Written responses are requested by 18 December 2006. They can be sent by post, fax, or by using the web form provided on the Police website.

Paper 7 (Administration) deals with the 'nuts and bolts' of how a large organisation like New Zealand Police operates are critical components in the delivery of its services.

The paper can be found on the Police website. Written responses are requestwed by 15 January 2007. They can be sent by post, fax, or by using the web form provided on the Police website.

Current

RELEASED BY... ISSUE SUBMISSIONS CLOSE ON...
Commerce Commission Unison Networks settlement offer 29 November
Ministry of Economic Development Standards, Accreditation and Measurement: Supporting Our Economy 24 November 2006
Ministry of Economic Development Registration of financial Institutions; Insurance Supervision of Issuers; Consumer Dispute Resolution and Redress; Non-Bank Deposit-Takers; Collective Investment Schemes; Mutuals' Governance; Securities Offerings; Platforms and Portfolio Management Services 1 December
Ministry of Economic Development Insolvency Practitioner Regulation: Options for Change 2 February 2007
Electricity Commission Transpower's 20 October 2006 proposal for NI Grid Upgrade Project 22 November
Electricity Commission Proposed request for appropriations for its Electricity Efficiency function 11 December
Electricity Commission Transmission pricing methodology 2 February
Ministry of Fisheries Proposals for Shared Fisheries 28 February
Human Rights Commission Review of the Guidelines on Insurance and the Human Rights Act 1993 11 December
IRD Sale of long-term residential rental properties: GST implications 24 November
IRD Tax incentives for giving to charities and other non-profit organisations 28 November
IRD Federal Insurance Contributions Act (FICA): Fringe Benefit Tax Liability 30 November
IRD Tax penalties, tax agents and disclosures 30 November
IRD Life insurance tax reform End of November
IRD Payments made in addition to financial redress under Treaty of Waitangi settlements: income tax treatment 22 December
IRD GST exempt supply: supply of accommodation in a dwelling 22 December
IRD New employee relocation expenses 23 February 07
Department of Labour Quality Flexible Work 15 December
Land Information NZ High Country Pastoral Leases Review 15 December
NZ Food Safety Authority Domestic Food Review Transition Policy and Related Implementation 9 February
Police Police Act review, issues papers 5 & 7:Issues paper 5: Powers and Protections (1 December) 1 December
Standards NZ Large Buildings Part 1: Building Thermal Envelope 14 December
Standards NZ Large Buildings Part 2: Lighting 14 December




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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]
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