14 May 2009

In this edition:

ETS UPDATE

Last week, Australian Prime Minister Kevin Rudd dropped a political bombshell when he announced that Australia's ETS would be delayed by at least a year. more...

PROGRESS OF LEGISLATION New Bills Patents Bill Parliamentary Service (Continuation of Interim Meaning of Funding for Parliamentary Purposes) Bill Bills Before Select Committee Open for submissions Submissions not yet called Submissions closed Supplementary Order Papers Bills Passed Third Reading Acts Assented Regulations SELECT COMMITTEE HEARINGS Commerce Committee Education Committee Emissions Trading Scheme Review Committee Foreign Affairs, Defence and Trade Committee

Justice and Electoral Committee Law and Order Committee Local Government and Environment Committee Primary Production Committee Social Services Committee THE WEEK AHEAD IN OTHER NEWS Clearer Picture of Phase Two of RMA Reforms Emerging Tax Working Group Established Electricity Pricing Model Road User Charge Review Report IN THE COURTS Stop the Stadium Inc v Dunedin City Council IN CONSULTATION

New Zealand and Australia ETS tango

The last Watching Brief reported the difficulties being experienced by Australia's Labour Government in enacting its ETS legislation. Last week, Australian Prime Minister Kevin Rudd dropped a political bombshell when he announced Australia's ETS would be delayed by at least a year. Rudd proposed a revised ETS featuring the following:

• Delaying the start date for Australia's ETS until July 2011.
• Fixing the price of carbon and carbon equivalent emissions at A$10 per tonne for the first year of the ETS, until July 2012.
• Increasing the allocation of free carbon credits for export exposed firms, to the extent that some businesses will receive 95% of their credits free for five years.
• Cutting emissions by 2020 to 25% less than 2000 emissions.

Lacking the support of either the Greens or the opposition Liberals, Rudd is seeking to outflank both parties by creating an ETS that neither can conscionably object to. Rudd's ALP hopes to outflank the Liberals by providing sufficient breaks for businesses and the Greens through deeper cuts to medium-term emissions than initially proposed.

Our Government is feeling the effects of the Australian announcement. National campaigned on increased alignment between Australia's and New Zealand's responses to climate change and expressly included Australian developments as a consideration for the ETS Review Select Committee.

The Minister for Climate Change, Nick Smith, was quick to state that his Australian counterpart has been keeping him fully appraised of developments across the Tasman. Fully appraised or not, the developments in Australia cannot make the Government's ETS review any easier.

In the House on Thursday Nick Smith said that the Australian developments do need to be considered as part of New Zealand's response to climate change. Smith also said last week that a delay of one year to our ETS would be "small beer" in the context of a long term process such as climate change, that he would consider reviewing our ETS implementation timetable and that he would also consider increasing the phase-out timetable for free New Zealand carbon credits to businesses.

Significantly, although not much discussed in the past week, is New Zealand's position on proposed emissions cuts by 2020. Australia's ambitious proposed cuts by 2020 can be but part of what our Government is now considering.

The only sector of New Zealand's economy currently covered by the ETS is forestry. On 1 January 2010 stationary energy will come under the ETS and, from 1 January 2011, transport too. We expect that the Government is now under much pressure to delay the entry of New Zealand businesses into the ETS. Whether or not the Government delays the ETS' implementation, it needs to make a decision quickly to provide New Zealand businesses with sufficient investment certainty.

For detail on the progress of the Emissions Trading Scheme Review Committee go to the "Select Committee Hearings' section below.

Patents Bill
Type of Bill: Government
Member in Charge: Hon Simon Power

This Bill repeals the Patents Act 1953 and puts in place a new regime for the granting of patents.  The Bill will increase the threshold one must reach in order to have a patent granted by introducing an “absolute novelty” standard.  Methods of medical treatment of human beings are also excluded from gaining patents.  The Bill will replace the "benefit of the doubt" rule with a balance of probabilities test.  It also enables the establishment of a Māori Advisory Committee to advise the Commissioner of Patents on whether applications for inventions involving traditional knowledge or indigenous plants and animals are novel, or involve an inventive step, or whether commercial exploitation of such inventions would be offensive to Māori.

Parliamentary Service (Continuation of Interim Meaning of Funding for Parliamentary Purposes) Bill
Type of Bill: Government
Member in Charge: Hon Gerry Brownlee

This Bill is another measure being taken by the Government to put in place temporary arrangements while its electoral finance review is underway and until permanent electoral finance law is passed before the next election.  The Bill provides a definition of “funding entitlements for parliamentary purposes” in the legislation that governs the operation of parliamentary services.

Eden Park Trust Amendment Bill
Education Amendment Bill
Legal Services Amendment Bill
Patents Bill
Private Security Personnel and Private Investigators Bill
Student Loan Scheme (Repayment Bonus) Amendment Bill
Trade Marks (International Treaties and Enforcement) Amendment Bill

Open for submissions

Bill	Select committee	Submissions close (2009)	Report due (2009)
Corrections (Contract Management of Prisons) Amendment Bill	Law and Order	22 May	26 September
Eden Park Trust Amendment Bill	Government Administration	29 May	29 July
Education Amendment Bill	Education and Science	10 June	28 August
Legal Services Amendment Bill	Justice and Electoral	22 May	2 October
Patents Bill	Commerce	2 July	5 November
Privacy (Cross-border Information) Amendment Bill	Justice and Electoral	14 May	1 October
Private Security Personnel and Private Investigators Bill	Justice and Electoral	12 June	30 March 2010
Social Assistance (Payment of New Zealand Superannuation and Veterans Pension Overseas) Amendment Bill	Social Services	29 May	30 September
Student Loan Scheme (Repayment Bonus) Amendment Bill	Education and Science	3 June	30 July
Trade Marks (International Treaties and Enforcement) Amendment Bill	Foreign Affairs, Defence and Trade	15 May	7 October

 

Submissions not yet called

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)
Aquaculture Legislation Amendment Bill (No 2)	Primary Production	30 June
Arms Amendment Bill (No 3)	Law and Order	30 June
ASEAN-Australian-New Zealand Free Trade Area Bill	Foreign Affairs, Defence and Trade	25 May
Criminal Investigations (Bodily Samples) Amendment Bill	Justice and Electoral	12 August
Cultural Property (Protection in Armed Conflict) Bill	Government Administration	30 June
Children, Young Persons and Their Families (Youth Courts Jurisdiction and Orders) Amendment Bill	Social Services	18 August
Disputes Tribunals Amendment Bill	Justice and Electoral	31 May
Domestic Violence (Enhancing Safety) Bill	Justice and Electoral	15 June
Education Amendment Bill	Education and Science	28 August
Electricity (Continuance of Supply) Amendment Bill	Commerce	30 June
Franklin District Council (Contribution to Funding of Museums) Amendment Bill	Local Government and Environment	4 September
Gangs and Organised Crime Bill	Law and Order	10 August
Insolvency Amendment Bill	Commerce	28 May
Judicial Matters Bill	Justice and Electoral	30 June
Marine Reserves Bill	Local Government and Environment	30 June
Palmerston North Showgrounds Act Repeal Bill	Local Government and Environment	30 June
Port Nicholson Block (Taranaki Whanui ki Te Upoko o Te Ika) Claims Settlement Bill	Māori Affairs	30 June
Reserves and Other Lands Disposal Bill	Primary Production	10 September
Resource Management (Simplifying and Streamlining) Amendment Bill	Local Government and Environment	19 June
Sale and Supply of Liquor and Liquor Enforcement Bill	Justice and Electoral	10 September
Sale of Liquor (Objections to Applications) Amendment Bill	Social Services	30 June 2010
Sentencing and Parole Reform Bill	Law and Order	18 August
Sentencing (Offender Levy) Amendment Bill	Justice and Electoral	12 August
Settlement Systems, Futures, and Emissions Units Bill	Commerce	30 June
Taxation (International Taxation, Life Insurance, and Remedial Matters) Bill	Finance and Expenditure	30 June
Trade (Safeguard Measures) Bill	Foreign Affairs, Defence and Trade	11 September
Unit Titles Bill	Social Services	5 September
Waikato-Tainui Raupatu Claims (Waikato River) Settlement Bill	Māori Affairs	30 June
Whakarewarewa and Roto-a-Tamaheke Vesting Bill	Māori Affairs	30 June

 

Immigration Bill - SOP18

Māori Trustee Amendment Bill
Wanganui District Council (Prohibition of Gang Insignia) Bill

Criminal Proceeds (Recovery) Act 2009
Mutual Assistance in Criminal Matters Amendment Act 2009
Protected Disclosures Amendment Act 2009   
Sentencing Amendment Act 2009

Affiliate Te Arawa Iwi and Hapu Claims Settlement Act Commencement Order 2009
Coroners (Salaries and Superannuation) Determination 2009
Immigration Advisers Licensing Amendment Regulations 2009
Fisheries (Amateur Fishing) Amendment Regulations 2009
Fisheries (Auckland and Kermadec Areas Amateur Fishing) Amendment Regulations 2009
Fisheries (Auckland and Kermadec Areas Commercial Fishing) Amendment Regulations 2009
Fisheries (Central Area Commercial Fishing) Amendment Regulations 2009
Fisheries (Challenger Area Amateur Fishing) Amendment Regulations 2009
Fisheries (Challenger Area Commercial Fishing) Amendment Regulations 2009
Fisheries (Commercial Fishing) Amendment Regulations 2009
Fisheries (High Seas Fishing Notifications: Western and Central Pacific Fisheries Commission) Notice 2009
Fisheries (Infringement Offences) Amendment Regulations 2009
Fisheries (Reporting) Amendment Regulations 2009
Fisheries (South-East Area Amateur Fishing) Amendment Regulations 2009
Fisheries (South-East Area Commercial Fishing) Amendment Regulations 2009
Fisheries (Southland and Sub-Antarctic Areas Amateur Fishing) Amendment Regulations 2009
Fisheries (Southland and Sub-Antarctic Areas Commercial Fishing) Amendment Regulations 2009
Financial Reporting Act (Asian Development Bank) Exemption Notice 2009
Health (Non-Seasonal Influenza) Order 2009
Health Practitioners (Quality Assurance Activity - MercyAscot Hospitals) Notice 2009
Health Practitioners (Quality Assurance Activity - Bi-National Colorectal Cancer Audit) Notice 2009
Local Government Elected Members (2008/09) Amendment Determination 2009
Rates Rebate (Specified Amounts) Order 2009
New Zealand Council for Educational Research (Electoral College) Order 2009
New Zealand Teachers Council (Impairment Process) Rules 2009
Securities Act (Asian Development Bank) Exemption Notice 2009
Securities Act (BBI Networks (New Zealand) Limited) Exemption Notice 2009
Securities Act (BBI Networks (New Zealand) Limited) Exemption Amendment Notice 2009
Securities Act (Freightways Limited) Exemption Notice 2009
Securities Markets Act (Disclosure of Relevant Interests by Directors and Officers) Exemption Amendment Notice 2009
Takeovers Code (Rubicon Limited) Exemption Notice 2009
Taranaki Māori Trust Board Order 2009

Select Committee hearings returned to "normal" in the past fortnight for the first time since the general election with a larger legislative load, the end of most financial reviews and regular meetings.  The Emissions Trading Scheme Review committee met numerous times to hear submissions.

The Committee considered the following:

• Insolvency Amendment Bill
• Financial reviews for the Commerce Commission and the Guardians of the New Zealand Superannuation Fund

The Committee also heard submissions on the Electricity Continuance of Supply Amendment Bill.  The Bill requires continuance of electricity supply to existing points of supply, whether by current or alternative means.  The current supply continuance requirements in the Electricity Act 1992 expire in 2013.  The Bill particularly concerns rural electricity users.

The Committee considered the following:

• Financial reviews for the CRIs Institute of Geological and Nuclear Sciences and Forest Research Institute.
• A briefing from Autism New Zealand.

The Committee met numerous times over the past fortnight to consider submissions on the ETS.  On Monday the Committee also had a video link up with officials from Australia to discuss the implications of Australia's response to climate change and how that might affect the ETS review.

Eight Māori organisations prepared and submitted collaboratively to the Committee.

The Climate Change Iwi Leadership Forum said the ETS had to allow for flexible land use policies, otherwise Māori owners of pre-1990 forests would be disadvantaged because they could not use their land for potentially more profitable uses.
Te Runanga o Ngai Tahu focused on the affect of the ETS on Treaty settlements.  Ngai Tahu Chairman, Mark Solomon, noted that the ETS did not respect the value of Treaty settlement assets.  Solomon predicted that the ETS would cost Ngai Tahu between $40 million and $120 million.

The Federation of Māori Authorities noted that the ETS could threaten the economic viability of some members.  The Federation was particularly concerned with the ETS's effect on changing land use.

Atihau-Whanganui Incorporation submitted that its main concern was the ETS making farming an unviable option.

• Forestry business submitters, including the Kyoto Forestry Association, Rank Group, Carter Holt Harvey, the New Zealand Institute of Forestry and Pan Pac Forest Products, all submitted that the ETS in its current form created a lack of business confidence and uncertainty.  Many forestry sector submitters also emphasised that the ETS needed to recognise the ability of wood products to store carbon.
• Westpac New Zealand submitted that it supported the ETS and emphasised that New Zealand would gain most benefit from aligning its ETS with Australia's.
• Liquid fuel sector submitters made the following submissions:

Mobil Oil New Zealand submitted that it favoured a carbon tax over the ETS.  Mobil favoured a carbon tax because it saw a tax as more transparent, easier to implement, easier to administer and avoided creating new markets.

Shell New Zealand favoured the ETS over a carbon tax.  Shell emphasised that the ETS must be well-designed.  Shell proposed the establishment of a statutory body prioritise the Government's Kyoto targets, a role performed in the United Kingdom by the Climate Change Committee.

The Aviation Industry Association submitted that only the low cost of fuel at present prevented the industry from being in crisis.  Ideally the Association would see no ETS but if necessary it would favour an ETS along the lines that Shell submitted.
Gull New Zealand submitted that its competitiveness would be undermined by larger and better resourced trans-national competitors if the ETS was implemented.  Gull wanted a fixed price for New Zealand units under the ETS for the first 18 months of operation and suggested that a monitoring unit be established to ensure that smaller businesses were not disadvantaged by the ETS.

• Oxfam New Zealand submitted that a global ETS would unduly and inequitably affect developing countries.  Oxfam emphasised that New Zealand's ETS was being watched by many developing countries because of our economy's dependence on agriculture.
• The Environmental Defence Society submitted that the ETS should continue and that uncertainties around the Copenhagen negotiations in December 2009 and the implementation of ETSs in Australia and the United States should not delay New Zealand's ETS.
• Agricultural submitters almost universally opposed the ETS.  In summary:

Federated Farmers submitted that the ETS was fundamentally flawed.  The Federation submitted that the ETS would reduce output by $900 million per annum and result in 22,000 job losses.  The ETS would "pave the road to economic hell".

The Meat and Wool and the Meat Industry Association submitted that the ETS would cost New Zealand $650 million from livestock emissions alone.  The Association did not want New Zealand to lead the world on ETS development and submitted that doing so would result in carbon leakage as New Zealand agricultural production was replaced by less efficient production overseas (thus increasing emissions globally).

The New Zealand Fertiliser Manufacturers Research Association recommended that the ETS should be imposed at an individual farm level.

Horticulture New Zealand was concerned about the increase in energy costs that would result from the ETS, thus making horticulture less competitive in New Zealand.

The Pastoral Greenhouse Gas Research Consortium said there was potential for New Zealand to contribute globally to combating climate charge, particularly through commercial opportunities from scientific research.

Balance Agri-nutrients submitted that the ETS in its current form was unworkable, particularly regarding the implementation of the ETS over stationary energy and industrial processors.  The entry of these industries into the ETS should be deferred by up to two years.

Dairy New Zealand submitted that the ETS required significant modification so that it would not impact on the competitiveness of the dairy industry.

Fonterra submitted that the ETS should be modified so that New Zealand could still contribute to global climate change initiatives.  Fonterra submitted that New Zealand must avoid the risk of carbon leakage to less efficient producers who did not have an ETS.  Fonterra predicted that dairy output would reduce by 5 percent or $650 million once free allocations were removed.

Westland Milk Products submitted that the ETS created unwarranted economic risks for New Zealand.

Pupils from Waihi College reported on their five year study on carbon storage in soil (a topic they submitted on to the Primary Production Committee three weeks ago).  The pupils submitted that increased carbon sequestration in soil could significantly reduce New Zealand's carbon emissions and therefore warranted further research.

• The New Zealand Business Council for Sustainable Development submitted that an ETS covering all gases and all parts of the economy would be the best means for reducing New Zealand's emissions and that the costs of reducing emissions would occur eventually and that it was thus better to do so sooner rather than later.
• Business New Zealand submitted that an ETS was the most effective medium to long term solution for New Zealand to reduce its carbon emissions, however New Zealand's economy should not be put at risk by implementing the ETS ahead of trade competitors.
• The Greenhouse Policy Coalition urged the Committee to note the predicted effects on the economy from the productive sector and urged the Committee to avoid running New Zealand's production into the ground.
• The Tourism Industry Association generally supported the ETS and supported closer alignment with Australia's ETS.
• The Major Electricity Users Group recommended deferring stationary energy's entry into the ETS until the completion of a regulatory impact analysis, which would include an analysis of the relative price competitiveness with Australia.
• The Committee also heard from the New Zealand Climate Science Coalition, and other individual scientists, who deny that human induced climate change is occurring.
• The Committee heard from solid waste companies, including Transwaste Canterbury Limited, Enviro Waste Services Limited, Waste Management and Waste Disposable Services.  The solid waste submitters all emphasised that the sector was already appropriately regulated as regards greenhouse gas emissions and that the ETS would merely represent an additional cost for solid waste managers, rather than a positive step to reduce emissions.
• Norske Skog Tasman preferred an ETS to a carbon tax because they had been preparing for an ETS.  Norske Skog's concerns with the ETS were twofold.  Firstly, that international trade exposure to non-ETS economies would lessen margins on New Zealand based business.  Secondly, the company disputed the measurement approach used to estimate emissions from electricity consumption.

Guy Salmon's Ecologic Foundation reminded the Committee that New Zealand was one of the few countries not to have a 2020 target for emissions reductions.  New Zealand needed to implement the ETS to prepare the economy for a competitive low emissions world economy.  The Foundation favoured recycling revenue from the ETS into business and personal tax cuts to build public confidence and improve incentives.  The Foundation stated that agriculture must be included in the ETS so that its future growth could be shaped by accurate carbon prices.  Finally, the Foundation submitted that an arms-length entity, such as the Reserve Bank, should control assistance to trade-exposed and emissions-intensive industries.

The Committee considered the following:

• Inquiry into relations with South Pacific countries
• Cluster munitions convention
• ASEAN, Australia and New Zealand free trade agreement
• Performance audit of NZAID.

The Committee considered the following:

• Dispute Tribunal Amendment Bill
• Sentencing (Offender Levy) Amendment Bill.

The Committee considered the following:

• Sentencing and Parole Reform Bill
• Gangs and Organised Crime Bill.

The Committee met for almost three whole days in the past week to consider the Resource Management (Simplifying and Streamlining) Bill.

The Parliamentary Commissioner for the Environment, Jan Wright, briefed the Committee on the high country land tenure review process.   The briefing follows the report Change in the High Country: Environmental Stewardship and Tenure Review released last month, which is available here.

Tenure review to date assumed that productive land should be freehold in private hands and that the Department of Conservation should manage the rest.  Consequently, DOC managed the highest land while lower land was more intensively farmed.  Better environmental outcomes are not guaranteed because DOC budgets became stretched and lower land more polluted.

Dr Wright advocated creating a new commission to administer the South Island high country.  The High Country Commission would consider environmental, social and economic issues.

The Committee also considered submissions on the Reserves and Other Land Disposal Bill.

The Committee considered submissions on the Children, Young Person and their Families (Youth Court Jurisdiction) Amendment Bill.

This week will see  Bills relating to Auckland governance introduced.  The first, to be passed under urgency, will:

• establish the Auckland Council as a legal entity;
• establish the Auckland Governance Transition Agency, which will be responsible for  rationalisation and transition to the new governance arrangements; and
• constrain the decision-making powers of existing Auckland councils.

The second, which will proceed through the Select Committee process, will:

• provide for the high level framework for the structure of the Auckland Council, including the 20 - 30 community boards;
• empower the Local Government Commission to determine the boundaries of the Local Boards their membership; and
• provide for the integration of Auckland's water infrastructure.

The third Bill will not be introduced until later this year.
This week the Parliamentary Service (Continuation of Interim Meaning of Funding for Parliamentary Purposes) Bill, Inquiries Bill and Search and Surveillance Powers Bill may each receive first readings.  Rodney Hide's Regulatory Improvement Bill may also pass its first reading, after the debate was interrupted last Thursday.  Other Bills currently being given priority by the Government include the Securities Disclosure and Financial Advisers Amendment Bill and the Gambling Amendment Bill (No 2).

The Minister for the Environment, Nick Smith, provided some more detail on the Government's Resource Management Act 1991 reforms last week. Smith indicated that the second phase of the RMA reforms would focus on greater central Government direction and better alignment of the RMA with other legislation.
Smith identified the following areas in which the Government hopes to provide greater central Government direction under the RMA:

• Aquaculture;
• Infrastructure;
• Urban Design;
• Fresh Water allocation; and
• Role and scope of the Environmental Protection Authority.

The second phase of the RMA reforms will focus also on the alignment of the RMA and the Building, Conservation Act, Forests and Historic Places Acts.

The second phase of RMA reforms will also include a number of other detailed administrative processes that the Government did not think important for the first RMA reform Bill.

Less clear is whether the vexed question of water allocation will be addressed in this second phase as originally intended, or deferred. Certainly a hard-pressed Ministry for the Environment seems to favour an incremental approach. This would see a third phase of reform with water allocation lucky last.

The Ministers of Finance and Revenue announced the formation of a working group last week which will assist the Government to develop longer-term tax policies.  The Minister of Finance, Bill English, said that the group would focus in particular on the strategic implications of the recession and the Government's stated desire of a top personal tax rate of 30%.  The Working Group will produce papers and hold meetings between June and November 2009 to inform Ministers and create public debate.

The Tax Working Group will be coordinated by Victoria University of Wellington's Centre for Accounting Governance and Tax Research.  VUW's Professor Bob Buckle will chair the group.  The other members of the group are Rob Cameron, Paul Dunne, Arthur Grimes, Rob McLeod, Gareth Morgan, Mike Shaw, Geoff Nightingale, Casey Plunket, John Shewan, Mark Weldon, John Prebble and David White.

The Working Group's publications will be available on the Treasury, Inland Revenue and VUW websites..

The Electricity Commission recently launched a project to develop pricing principles and pricing models for electricity distribution.  The Commission will release a full discussion paper in the near future.

The Commission favours a voluntary approach to pricing and hopes to assess pricing by lines companies against the following five objectives:

• Distributing pricing which ensures line losses and constraints are managed.
• Market entry by retailers being facilitated and competition being enhanced by standardising and simplifying tariff structures and contractual arrangements.
• Barriers to demand-side participation being removed.
• Any consequential changes in rural line charges being in line with urban line charges.
• Addressing the impact of low fixed charge requirements.

A group reviewing road user charges established in August last year reported back to the Minister of Transport, Steven Joyce, last week.  The three person group comprised business and transport experts James Hill, Warren Young and Tony Gibson.

The Road User Charges Review Group made 32 separate recommendations.  Most important among the recommendations is the retention of the existing model of road user charges for diesel, rather than a diesel tax.  The Review Group recommend more efficient ways of collecting road user charges, including electronic collection.

The full report and recommendations are available here.

High Court, 24 April 2009, CIV 2009 412 337, Chisholm J

Stop the Stadium ("STS") opposes the construction of a 30,000-seat covered stadium in Dunedin.  The Dunedin City Council ("DCC") recently signed construction contracts for the stadium.

STS wanted to review the DCC's decision to enter the contracts.  STS argued that the stadium costs included in the DCC's long-term council community plan ("LTCCP") varied significantly with the contract.  The DCC could not, therefore, enter the contract because section 97 of the Local Government Act 2002 only allows councils to make significant decisions which are explicitly included in the LTCCP.

STS argued that the following changes to stadium funding in the LTCCP versus the draft LTCCP were significant:

• Increase in total costs from $188m to $198m.
• Reduction in Community Trust of Otago contributions from $10m to $7m.
• Crown grant of $15m.
• DCC bridging loan increases from $19.2m to $42.6m.
• Changes in the timing of private contributions of an estimated $45m.

Chisholm J rejected STS's arguments about increased costs because the Crown's $15m grant would cover the $10m increase in total costs and the $3m reduction in the Community Trust's grant. 

Chisholm J did not decide whether the stadium would affect the DCC's revenue significantly because he did not receive detailed analysis of the financial impact of interest on increased bridging loans and the like.  Consequently, Chisholm J would not speculate as to whether the revenue impact on the DCC was significant, "…especially in a situation whether $52m has already been spent…and any delay would be critical to the opening of the stadium in time for the 2011 World Cup."

There is no question that the DCC followed proper processes when creating its LTCCP and draft LTCCP.  The case does, however, raise serious questions about the level of detail and analysis required of an applicant to prove that a council's proposal should have been included in a LTCCP on the basis that it is "significant".  Challenging a council in the courts is costly as it is.  It seems costly financial analysis is also required.

STS announced last week it is taking its case to the Court of Appeal.

Who	What	By when… (2009)
Biosecurity New Zealand	Import Health Standard for Sea Containers; Reference Document for the Import Health Standard for Sea Containers	19 June
Department of Labour	Workplace Safety - Falls	5 June
Electricity Commission	Transpower Draft Policy Statement	21 May
Ministry of Fisheries	Proposed Arahura and Totara/Ross Mataitai Reserves	25 May
New Zealand Food Safety Authority	Independent Verification Programme (dairy exports)	27 May
Standards New Zealand	Determination of the extinction propensity of cigarettes	22 June
Statistics New Zealand	Ethnicity Statistical Standards	25 May
Takeovers Panel	Buybacks Class Exemption	12 June

 

Who	What	By when… (2009)
Agriculture and Forestry, Ministry of	Requirements for export of live animals and germplasm	14 June
Commerce Commission	Authorised Financial Adviser Competence	29 May
Department of Conservation	New listing of threatened status of New Zealand freshwater fish	22 May
	Mt Aspiring National Park Draft Management Plan	30 June
Electricity Commission	Electricity Market Compliance Framework Review - Update	15 May
Environmental Risk Management Authority	Cosmetic Products Group Standard	14 May
	2009/10 Fees and Charges Review	28 May
	Group Standards: Extension of Alternative Labelling Provisions	5 June
Inland Revenue Department	The relationship between section 113 of the Tax Administration Act 1994 and the second proviso to section 20(3) of the GST Act	12 June
Law Commission	Invasion of Privacy - Parts 1 and 2	29 May
Ministry of Economic Development	Spectrum Management in the Radio Licensing Regime	19 May
Ministry for the Environment	Waste Minimisation in New Zealand	15 May
Ministry of Health	Interim Specification for the Midwifery First Year of Practice Programme	15 May
New Zealand Qualifications Authority	Draft guidelines on further assessment opportunities	8 May
Reserve Bank	Insurance (Prudential Supervision) Bill	22 June
Standards New Zealand	Sound and television broadcast receivers and associated equipment – Immunity characteristics – Limits and methods of measure (Revision of AS/NZS CISPR 20:2006)	18 May
	Electromagnetic Compatibility - Requirements for household appliances, electrical tools and similar apparatus, Part 1: Emission (Revision of AS/NZS CISPR 14.1:2003)	18 May
	Stand alone maritime survivor locating systems	21 May
	Digital radio equipment operating in land mobile and fixed services bands in the frequency range 29.7 MHz to 1 GHz	21 May
	Interconnected smoke alarms for single household units	25 May
	Pedal bicycles - Safety requirements	3 June
	Water efficient products - Rating and labelling	4 June
	Acoustics – Road traffic noise – New and altered roads	12 June
	Performance of electrical appliances - Air conditioners and heat pumps Part 2: Energy labelling and minimum energy performance standard (MEPS) requirements	17 June
Statistics New Zealand	Draft updates to area units and definitions of urban and rural	Unknown
Takeovers Panel	Upstream Takeovers	12 June

 

 

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 Ph 04 819 7532 [email protected] DOUG BAILEY - Consultant Ph 04 819 7572 [email protected]

RUSSELL MCVEAGH VERO CENTRE 48 SHORTLAND STREET PO BOX AUCKLAND 1140 NEW ZEALAND PHONE 9 64 367 8000 FAX 64 9 367 8613 VODAFONE ON THE QUAY 157 LAMBTON QUAY PO BOX 10-214 WELLINGTON 6143 NEW ZEALAND PHONE 4 4999 555 FAX 4 499 9556