In this edition:
Mischance and occasional misjudgement are a reality of politics. But the seasoned player must always be wary of coincidence. more...
12 August 2009
Mischance and occasional misjudgement are a reality of politics. But the seasoned player must always be wary of coincidence.
Phil Goff, for one, must be wondering about the renewed presence of erstwhile leader Helen Clark in the national dailies. Coming at a time when concerns about Goff's judgement in opposition are receiving a concerted airing, Clark's less than politically benign pronouncements from New York must be regarded as less than happenstance.
Of course Clark's hand has never really left Labour's tiller. She has remained a confidante of the Party's left wing and has shown no sign of distance from Labour's internal politics despite her translation to her Elysian fields in the UN.
This has left Goff stymied in any attempt to nudge Labour toward a new order. A Roger-gnome at the head of a group situated well to his left, Goff is in danger of remaining in the isolation to which he was condemned when Clark was back in charge. Also, with her strategically delivered jibes at National, Clark has succeeded in feeding the suspicion that Goff is nothing more than cannon fodder to be delivered up at the next election while the real leadership is decided behind Labour's closed doors.
Infrastructure Bill
Type of Bill: Government
Member in charge: Hon Bill English
The National Government's new Infrastructure Bill is intended to improve the consistency of regulatory arrangements for the development of infrastructure and remove unnecessary barriers to infrastructure development. The Bill will eventually be passed into two separate Acts:
- The Utilities Access Act will implement a single regime for allowing utility operators access to transport corridors. Utility operators and corridor managers will have to co-ordinate with one another in accordance with a national code of practice (Code). (This Act will emerge from Part 1 and the Schedule of the Bill.)
- The Infrastructure Act will make consequential amendments to other Acts to implement the Utilities Access Act and its Code and to otherwise provide consistent provisions for access to transport corridors. It will also make amendments that allow the New Zealand Railway Corporation to operate more easily and repeal Labour's Affordable Housing: Enabling Territorial Authorities Act 2008, with consequential amendments to the Property Law Act 2007. (This Act will emerge from Parts 2, 3 and 4 of the Bill.)
Crimes (Provocation Repeal) Amendment Bill
Type of Bill: Government
Member in charge: Hon Simon Power
This Bill would repeal the partial defence of provocation, which allows a jury to find someone accused of murder to instead be guilty of manslaughter. The Law Commission recommended that provocation be abolished in 2001 and again in 2007, and the Ministry of Justice recommended to Cabinet that provocation be abolished in 2003. It seems that recent trials involving the partial defence have caught the Government's attention.
Note that this Bill has replaced Lianne Dalziel's Private Member's Bill (the Crimes (Abolition of Defence of Provocation) Amendment Bill).
Employment Relations (Statutory Minimum Redundancy Entitlements) Amendment Bill
Type of Bill: Private Member's Bill
Member in charge: Darien Fenton
This Bill would establish minimum entitlements for employees made redundant after at least one year's employment. They would be entitled to four weeks' notice and between four weeks' pay and 26 week's pay, depending on their length of service. This Bill is said to be based on the Public Advisory Group on Restructuring and Redundancy's report to the previous Government from June 2008.
International Non-Aggression and the Lawful Use of Force Bill
Type of Bill: Private Member's Bill
Member in charge: Dr Kennedy Graham
This Bill has been introduced by Green MP, experienced diplomat and former university lecturer in internal politics and internal law, Dr Kennedy Graham. The aim of the Bill is to ensure that New Zealand's use of armed forces is always in accordance with international law and to protect New Zealand's leaders from any external pressure to commit the New Zealand Defence Force to any illegal action overseas.
Social Security (Benefit Review and Appeal Reform) Amendment Bill
Type of Bill: Private Member's Bill
Member in charge: Sue Bradford
This Bill would change the process of reviewing and appealing benefit decisions to make the process more removed from the Ministry of Social Development. The proposed review scheme is modelled on the review scheme for ACC claimants.
Student Loan Scheme (Exemptions and Miscellaneous Provisions) Amendment Bill
Type of Bill: Government
Member in charge: Hon Peter Dunne
This Bill will extend the interest free student loan scheme to people residing in Niue, the Cook Islands, Tokelau or the Ross Dependency and students enrolled with a New Zealand education provider but studying overseas, and make other amendments to the way in which student loans can be repaid.
Inquiries Bill
Limitation Bill
Search and Surveillance Bill
Sustainable Biofuel Bill
Taxation (Consequential Rate Alignment and Remedial Matters) Bill
Open for submissions
Bill |
Select committee |
Submissions close (2009) |
Report due (2009) |
Inquiries Bill |
Government Administration |
18 September |
28 January 2010 |
Limitation Bill |
Justice and Electoral |
4 September |
4 February 2010 |
Motor Vehicle Sales Amendment Bill |
Commerce |
20 August |
30 December |
Public Works (Offer Back and Compensation for Acquired Land) Amendment Bill |
Local Government and Environment |
14 August |
17 December |
Radio New Zealand Amendment Bill |
Commerce |
13 August |
24 December |
Search and Surveillance Bill |
Justice and Electoral |
18 September |
4 February 2010 |
Sustainable Biofuel Bill |
Local Government and Environment |
11 September |
29 January 2010 |
Taxation (Consequential Rate Alignment and Remedial Matters) Bill |
Finance and Expenditure |
25 August |
16 November |
Submissions not yet called
Cluster Munitions (Prohibition) Bill
Land Transport (Driver Licensing) Amendment Bill
Marine Reserves (Consultation with Stakeholders) Amendment Bill
Methodist Church of New Zealand Trusts Bill
Submissions closed
Bill |
Select committee |
Report due (2009) |
Anti-Money Laundering and Countering Financing of Terrorism Bill |
Foreign Affairs, Defence and Trade |
15 September |
Aquaculture Legislation Amendment Bill (No 2) |
Primary Production |
24 August |
Arms Amendment Bill (No 3) |
Law and Order |
26 February 2010 |
Corrections (Contract Management of Prisons) Amendment Bill |
Law and Order |
26 September |
Criminal Investigations (Bodily Samples) Amendment Bill |
Justice and Electoral |
1 September |
Children, Young Persons and Their Families (Youth Courts Jurisdiction and Orders) Amendment Bill |
Social Services |
27 November |
Education Amendment Bill |
Education and Science |
28 August |
Franklin District Council (Contribution to Funding of Museums) Amendment Bill |
Local Government and Environment |
4 September |
Land Transport (Enforcement Powers) Amendment Bill |
Transport and Industrial Relations |
10 September |
Legal Services Amendment Bill |
Justice and Electoral |
2 October |
Local Government (Auckland Council) Bill |
Auckland Governance Legislation |
4 September |
Māori Commercial Aquaculture Claims Settlement (Regional Agreements) Amendment Bill |
Māori Affairs |
30 September |
Marine Reserves Bill |
Local Government and Environment |
30 December 2010 |
Palmerston North Showgrounds Act Repeal Bill |
Local Government and Environment |
30 September |
Patents Bill |
Commerce |
5 November |
Privacy (Cross-border Information) Amendment Bill |
Justice and Electoral |
1 October |
Private Security Personnel and Private Investigators Bill |
Justice and Electoral |
30 March 2010 |
Regulatory Improvement Bill |
Commerce |
12 November |
Reserves and Other Lands Disposal Bill |
Primary Production |
10 September |
Residential Tenancies Amendment Bill |
Social Services |
5 October |
Resource Management (Simplifying and Streamlining) Amendment Bill |
Local Government and Environment |
18 August |
Sale and Supply of Liquor and Liquor Enforcement Bill |
Justice and Electoral |
1 November |
Sale of Liquor (Objections to Applications) Amendment Bill |
Social Services |
30 June 2010 |
Sentencing and Parole Reform Bill |
Law and Order |
30 September |
Social Assistance (Payment of New Zealand Superannuation and Veterans Pension Overseas) Amendment Bill |
Social Services |
30 September |
Trade Marks (International Treaties and Enforcement) Amendment Bill |
Foreign Affairs, Defence and Trade |
7 October |
Unit Titles Bill |
Social Services |
5 September |
Vehicle Confiscation and Seizure Bill |
Transport and Industrial Relations |
10 September |
Waikato-Tainui Raupatu Claims (Waikato River) Settlement Bill |
Māori Affairs |
31 December |
Customs and Excise (Prohibition of Imports Made by Slave Labour) Amendment Bill
Marine Animals Protection Law Reform Bill
Bills that have recently been reported back to the House from a Select Committee are in bold and the Select Committee reports on these Bills are linked.
Children, Young Persons and Their Families Amendment Bill (No 6)
Cultural Property (Protection in Armed Conflict) Bill
Dog Control Amendment Bill (No 2)
Domestic Violence (Enhancing Safety) Bill
Eden Park Trust Amendment Bill (Report of the Government Administration Committee)
Electricity (Continuance of Supply) Amendment Bill (Report of the Commerce Committee)
Gangs and Organised Crime Bill
Judicial Matters Bill
Māori Trustee and Māori Development Amendment Bill
Oaths Modernisation Bill
Public Health Bill
Rail Network Bill
Regulatory Responsibility Bill
Sentencing (Offender Levy) Amendment Bill (Report of the Justice and Electoral Committee)
Serious Fraud Office (Abolition and Transitional Provisions) Bill
Settlement Systems, Futures, and Emissions Units Bill
Student Loan Scheme (Repayment Bonus) Amendment Bill (Report of the Education and Science Committee)
Therapeutic Products and Medicines Bill
Trade (Safeguard Measures) Bill
Trustee Amendment Bill
Waka Umanga (Māori Corporations) Bill
Whakarewarewa and Roto-a-Tamaheke Vesting Bill
Taxation (International Taxation, Life Insurance, and Remedial Matters) Bill
Building Amendment Act 2009
Disputes Tribunals Amendment Act 2009
Financial Advisers Amendment Act 2009
Port Nicholson Block (Taranaki Whānui ki Te Upoko o Te Ika) Claims Settlement Act 2009
Road User Charges Amendment Act 2009
Securities (Disclosure) Amendment Act 2009
Deposit Takers (Credit Ratings Minimum Threshold) Exemption Notice 2009
Health Practitioners (Election of Members of Nursing Council of New Zealand) Regulations 2009
Health Practitioners (Quality Assurance Activity—Royal Australasian College of Physicians Significant Incident Review) Notice 2009
Health Sector Transfers (Hutt DHB) Order 2009
Judicial Salaries, Allowances, and Superannuation (Court Martial Appeal Court and Court Martial) Determination 2009
Medicines Amendment Regulations 2009
Overseas Investment Amendment Regulations (No 2) 2009
Securities Markets Act (New Zealand Post Limited Bonus Bonds) Exemption Notice 2009
Social Security (Long-term Residential Care) Amendment Regulations (No 3) 2009
The House is not sitting this week.
Next week the Government will complete the Estimates Debate and focus on advancing Bills awaiting first reading. Wednesday 19 August will be a Members' day, meaning that non-Government business takes preference. The first reading debate of the Te Rā o Matariki Bill / Matariki Day Bill will conclude and the Bill will not proceed any further. The Employment Relations (Statutory Minimum Redundancy Entitlements) Amendment Bill is also likely to have its first reading debate next Wednesday.
Later this month, Russell McVeagh will host 50 new public servants for the second in an ongoing series of seminars, each featuring two state sector Chief Executives sharing their thoughts about and experiences in the public sector, including their thoughts on leadership and how newer public servants can manage their careers.
The next seminar session will be held on 26 August 2009 and will feature the Department of Prime Minister and Cabinet Chief Executive Maarten Wevers and Inland Revenue Department Chief Executive Bob Russell.
This session follows on from the successful inaugural seminar hosted by Russell McVeagh in May this year, which featured the State Services Commissioner Iain Rennie and the Ministry of Social Development's Chief Executive, Peter Hughes. The IPANZ New Professionals Group, which organises the events, plan to hold a third "Meet the Chiefs" seminar later this year.
Commerce
The Committee has been hearing submissions on the Patents Bill for the first time. Pharmaceuticals, software and the length of patents have been discussed. It has also heard evidence on the Parliamentary Commissioner for the Environment's report into smart electricity meters.
Education and Science
The Committee has been hearing submissions on the Education Amendment Bill.
Finance and Expenditure
The Committee has been heard from the Methodist Church's legal counsel on the Methodist Church of New Zealand Trusts Bill. It has also been hearing evidence on the Controller and Auditor-General's report on the IRD managing tax debt.
Foreign Affairs, Defence and Trade
The Committee has been hearing a petition regarding Israel's attack on Hamas over 2008-2009 and alleged human rights abuses. It also examined the Protocol of 2005 to the Convention for the Suppression of Unlawful Acts against the Safety of Maritime Navigation and the Protocol of 2005 to the Protocol for the Suppression of Unlawful Acts against the Safety of Fixed Platforms Located on the Continental Shelf.
Justice and Electoral
The Justice and Electoral Committee has begun its inquiry into the 2008 General Election.
Law and Order
The Committee has continued to hear submissions on the Corrections (Contract Management of Prisons) Amendment Bill. Some of ACT MP David Garrett's questions during the submissions have been the subject of speculation and allegations.
Significant submissions were heard from the CTU and PSA. Both are opposed to the private management of prisons.
Māori Affairs
The Committee has been receiving evidence on its briefing on Te Ture Whenua Māori / Māori Land Act 1993 and been hearing submissions on the Maori Commercial Aquaculture Claims Settlement (Regional Agreements) Amendment Bill.
Social Services
The Committee has been hearing submissions on the Social Assistance (Payment of New Zealand Superannuation and Veterans Pension Overseas) Amendment Bill and the Residential Tenancies Amendment Bill (No 2).
Transport and Industrial Relations
The Committee has been considering the Land Transport (Enforcement Power) Amendment Bill and the Vehicle Confiscation and Seizure Bill. It also considered the Controller and Auditor-General's report on the inquiry into immigration matters.
ACC Minister Hon Nick Smith has announced the terms of reference and membership of the steering group for the stocktake of ACC.
The stocktake will look at how the scheme can remain affordable for families, businesses and the Government.
Anticipating Labour's claims that the stocktake is a prelude to privatisation, Smith has reasserted the Government's commitment to "the Woodhouse Principles and New Zealand’s unique ACC scheme."
He has nonetheless noted the unsustainability of the scheme and the likelihood that doing nothing will result in a doubling of levies.
The stocktake is about a thorough examination of all ACC accounts covering motor vehicles, earners, employers, non-earners, treatment injury and residual claims. It will investigate drivers of the cost increases, alternative options for service provision and funding, the potential for experience rating, management of risks and monitoring of ACC. It will also examine the governance and oversight of ACC’s $10 billion investment portfolio.
The stocktake steering group will be chaired by former Labour Cabinet Minister and former ACC Board chairman David Caygill and contains independent advisors Dr Neil Quigley and Gordon Smith. It will also comprise current ACC Board chairman John Judge, and senior officials from Treasury, Department of Labour, and the Department of the Prime Minister and Cabinet.
National has announced new spending initiatives aimed at addressing youth unemployment.
The Youth Guarantee scheme provides free study at settings such as polytechnics, wananga and private training establishments for 16 and 17 year olds to attain school-level qualifications. Up to 2000 full-time equivalent student places will be funded and tertiary organisations can submit applications to the Tertiary Education Commission in order to take on Government-funded students.
The Job Ops programme will provide a wage subsidy to the employers of 4000 low-skilled 16 to 24 year old people. Employers will get $3000 when they employ an eligible person and then a further $2,000 six months later.
The Community Max scheme also targets 16 to 24 year olds with low or no qualifications. The government will fund 3000 places on community projects for young people, subsidising each young person's wage at the minimum wage for 30 hours a week for 26 weeks. A project supervisor will be funded for every four workers.
These last two initiatives have shades of the PEP (Project Employment Programmes) Scheme, abandoned by the Fourth Labour Government in the 1980s, which placed young people in fully government-funded, full time jobs.
The Government has announced that New Zealand's emissions target will be between 10 per cent and 20 per cent below 1990 levels by 2020. This will be the target negotiated at the Bonn Conference for the next Kyoto period. John Key had earlier ruled out setting New Zealand's 2020 emission target at 40% below 1990 levels, as Greenpeace has publicly campaigned for. The OECD average target is 15% below 1990 levels.
An aquaculture technical advisory group has been established to advise the Government on possible reform to boost the development of the industry. The reform would occur as part of phase two of the RMA reforms. The group will report to the Government by 30 September. This does not affect the Aquaculture Legislation Amendment Bill (No 2) which will be passed later this year to address some technical problems with the current aquaculture regime.
The Law Commission has released a paper discussing the issues with the regulatory framework for the sale and supply of liquor. The purpose of the paper is to state problems with the law and suggest some possible solution. Public submission will be received and considered and the Commission will then issue a report with recommendations of law changes in June next year. Tentative suggestions for reform include a split drinking age (18 years old to enter a pub, 20 years old to buy from an off-licence) and increasing the prices of alcohol.
The Law Commission is encouraging New Zealanders to have their say through its new website, www.talklaw.co.nz. Submissions are due by 30 October 2009.
The Treaty of Waitangi claim of the Taranaki Whanui ki Te Upoko o Te Ika has been settled with the passing of the Port Nicholson Block (Taranaki Whanui ki Te Upoko o Te Ika) Claims Settlement Act 2009. The settlement relates in part to the Crown's dealings over, and acquisition of, the Port Nicholson Block, and the long delays before appropriately administering reserved lands. The settlement includes a financial package of around $25 million and the vesting of various sites around the Wellington area. It also includes a formal apology from the Crown, and, in a first for Treaty settlements, a formal statement of forgiveness from the Taranaki Whanui.
The Department of Conservation is reviewing the public funding provided for conservation on private land. The review will not affect any currently funded projects or applications to the funds which are currently under consideration. The review is being conducted by Lindsay Gow (recently retired deputy secretary for the Ministry for the Environment) and Dr William Lee (science leader at Landcare Research). A report will be made to the Minister of Conservation by November and any changes will be part of next year's Budget.
The Marine Energy Deployment Fund has opened another round of funding of grants to deploy wave and tidal stream energy devices devices to provide information and practical experience on this form of electricity generation. This round is for $2 million of funding. $2.6 million of the $8 million fund has already been allocated in two previous rounds. Applications for funding in this penultimate round close on 23 November.
Who |
What |
By when… (2009) |
Ministry of Agriculture and Forestry |
Review of the 2002 SILNA forests policy and implementation package |
25 September |
Biosecurity New Zealand |
Proposed guidelines for the issue of animal welfare export certificates |
25 August |
Draft import risk analysis: Table grapes (vitis vinifera) from China |
7 September |
|
Commerce Commission |
Information disclosure requirements for the suppliers of regulated electricity lines, gas pipelines and specified airport services (under Part 4 of the Commerce Act) |
4 September |
Guide to regulatory decision making for the telecommunications sector (Telecommunications Act 2001) |
18 September |
|
Department of Conservation |
Managing Aoraki / Mount Cook village |
21 August |
Managing Narrow Neck Beach and Fort Takapuna reserves in Auckland |
21 August |
|
Draft aircraft guidelines for the St James Conservation Area |
14 September |
|
Draft Guidelines for Aircraft Access - Canterbury Conservancy |
Unknown |
|
Ministry of Economic Development |
Draft social housing strategy |
31 August |
Electricity Commission |
Property rights for load management |
4 September |
Ministry of Fisheries |
North Island west coast Finfish plan |
14 October |
New Zealand Food Safety Authority |
Slaughter and Dressing of Pigs |
28 August |
Poultry: Hygiene and Sanitation |
28 August |
|
Data Protection for Agricultural Compounds |
12 September |
|
Maximum Residue Limits of Agricultural Compounds: Food Standards 2009 |
28 September |
|
Inland Revenue Department |
The binding rulings system: legislative issues |
28 August |
Meaning of "building" in the depreciation provisions |
11 September |
|
Department of Labour |
Code of employment practice on infant feeding |
7 September |
Law Commission |
"Alcohol In Our Lives" Issues Paper |
30 October |
Te Puni Kokiri |
National Māori flag consultation |
28 August |
Standards New Zealand |
Electrical equipment for mines and quarries |
17 August |
Gas Measurement Amendment |
24 August |
|
Methods of testing child restraints |
28 August |
|
Overhead line design |
31 August |
|
Safety, protective and occupational footwear |
1 September |
|
Polyethylene compounds for pressure pipes and fittings |
11 September |
|
Safety of toys |
15 September |
|
Business continuity management |
21 September |
|
New Zealand Transport Agency |
Review of culture and identity statistics |
14 August |
Reserves Management Plan |
21 August |
|
Tolling the Tauranga Eastern Link |
11 September |
Current
Who |
What |
By when… (2009) |
ACC |
Proposed changes to high-tech imaging service provision |
17 August |
Biosecurity New Zealand |
Review of submissions and supplementary draft RA - freshwater / marine ornamental fish, marine molluscs and crustaceans |
17 August |
Draft import risk analysis: Equine germplasm from Australia, Canada, the European Union and the USA |
4 September |
|
Draft import risk analysis: White Rhinoceros (Ceratotherium simum) from Australia |
4 September |
|
Department of Conservation |
Review of Dusky Dolphin management in Kaikoura |
31 August |
Review of Kahurangi National Park Management Plan |
4 September |
|
Lichens and freshwater invertebrates |
30 September |
|
Ministry of Economic Development |
Financial Advisers: disclosure regulations |
12 August |
Ministry of Fisheries |
Marine protected areas for the South Island’s West Coast Te Tai o Poutini |
21 August |
Māori commercial aquaculture settlement |
Not yet set |
|
New Zealand Food Safety Authority |
Fortification of bread with folic acid food standard |
12 August |
Food Standards Australia New Zealand |
Primary production and processing standard for seed sprouts |
26 August |
New Zealand Geographic Board |
Place name change from Wanganui to Whanganui |
17 August |
For other name change consultations click here |
17 August |
|
Ministry of Health |
Preventing and minimising gambling harm 2010-2016 |
21 August |
Inland Revenue Department |
Fines and penalties - income tax deductibility |
14 August |
Department of Labour |
Holidays Act 2003 review |
21 August |
Law Commission |
TalkPrivacy |
11 September |
Maritime New Zealand |
Review of maritime qualifications and operational limits |
31 August |
Standards New Zealand |
Specification for Portland and blended cements (General and special purpose); and Specification for pozzolan for use with Portland and blended cement |
12 August |
Energy efficiency - installing insulation in residential buildings |
13 August |
|
Stability of freestanding chests of drawers, wardrobes and bookshelves/bookcases |
18 August |
|
Fire sprinkler systems for houses |
1 September |
|
Essential safety requirements for electrical equipment |
7 September |
|
Specific requirements for electrical safety regulatory applications |
7 September |
|
General rules for use of the regulatory compliance mark |
7 September |
|
Specific requirements for electromagnetic compatibility regulatory applications |
7 September |
|
Specific requirements for radio apparatus regulatory applications |
7 September |
This publication is included in Russell McVeagh's website : www.russellmcveagh.com
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 DOUG BAILEY - Consultant |
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