14 May 2010
Neither 'doable' nor 'elegant'
Those in the social service and education sectors - the so-called "helping professions" - will be familiar with the problem of people who want to be liked. Desperate for the approval of clients, students or bosses, they can sometimes fail to do what needs to be done. Being liked can often trump being respected. more...
Those in the social service and education sectors - the so-called "helping professions" - will be familiar with the problem of people who want to be liked. Desperate for the approval of clients, students or bosses, they can sometimes fail to do what needs to be done. Being liked can often trump being respected.
And it's not just teachers and social workers who are afflicted with this problem. Politicians are particularly susceptible. After all their survival rests on being liked by more people than dislike them.
This is something well understood by the Prime Minister. Affable, engaging and wanting people to be happy, Key is a likeable guy. He works at it. Being liked by everybody may be an elusive goal, but seems to be his.
But as commentator Gordon McLaughlin noted this week, niceness can be as dangerous as arrogance. So it has proved in the case of Key's dealings with Tuhoe.
In a context where Tuhoe's grievance with successive governments is not only enduring but arguably merited, the success of any Treaty settlement negotiations was always going to rest on realistic expectations. Justice and fairness don't have a lot to do with that. The realpolitik of managing a public unsympathetic to "special deals" for Māori and the populist bent of members of the Government caucus, meant that Key was never going to have an easy time of vesting ownership of the Urewera National Park in the tribe. Being liked by everybody was never going to be in the mix.
So in looking at how we got to the present point of perceived betrayal and wounded pride, Key's affable assertions of "doability" seem to have loomed fairly large. People could be made happy. But with expectations raised unrealistically, the opposite has been true.
The desire to keep people happy wasn't the only fly in this particular ointment. It is not clear what part the Crown negotiators played in the situation or whether softening up of the more conservative around the Cabinet table was overlooked.
Nor should Key's appetite for controversy be ignored. He is far less fazed by a political stoush than many of his colleagues and he has - to date - always had the manner and gravitas to pull it off, or at least emerge unscathed. But not this time.
Now, of course he has a stoush of a different sort and one which he will no doubt expect to take in his stride - albeit with a newly formed recognition that more will be required than a smile and a soft-shoe shuffle. There will be a solution, but a less happy and elegant one. Tuhoe will be partially assuaged, but with their sense of grievance affirmed, and the Māori Party will be placated, but with a residual sense of wariness about their otherwise successful dealings with the National-led Government.
The lessons of this experience will need to be heeded, particularly if the foreshore and seabed legislation, water allocation and the resolution of abiding Treaty grievances are to be decided in an elegant and enduring way.
Consumer Guarantees Amendment Bill
Type of Bill: Member's Bill
Member in charge: Dr Jackie Blue
This Bill would amend the Consumer Guarantees Act 1993 to improve its operation in relation to extended warranties, and the supply of goods and services by suppliers through a competitive bidding process using an online trading facility.
Employment Relations (Statutory Minimum Redundancy Entitlements) Amendment Bill
Type of Bill: Member's Bill
Member in charge: Darien Fenton
This Bill would amend the Employment Relations Act to insert minimum statutory entitlements for employees in the event of dismissal for redundancy.
Ethical Investment (Crown Financial Institutions) Bill
Type of Bill: Member's
Member in charge: Grant Robertson
This Bill would provide a framework for ethical investment mandates for the New Zealand's Crown Financial Institutes (CFIs) - the Government Superannuation Fund, the New Zealand Superannuation Fund and the ACC. The framework set out in the Bill comprises criteria that are consistent with internationally recognised norms and conventions for ethically and socially responsible investment, and the Bill will require CFIs to instruct their fund managers to invest according to these criteria.
Electricity (Renewable Preference) Amendment Bill
Type of Bill: Member's Bill
Member in charge: Chris Hipkins
This Bill would reinstate the ban on thermal generation of electricity.
Local Electoral (Māori Representation) Amendment Bill
Type of Bill: Member's Bill
Member in charge: Te Ururoa Flavell
This Bill would require all territorial authorities and regional councils to establish Māori wards and constituencies to provide for Māori representation.
Local Government Act 2002 Amendment Bill
Type of Bill: Government Bill
Member in charge: Hon Rodney Hide
Click here to read a copy of Russell McVeagh's latest Local Government Update, which summarises this Bill.
Ngati Tuwharetoa, Raukawa, and Te Arawa River Iwi Waikato River Bill
Type of Bill: Government
Member in charge: Hon Christopher Finlayson
This Bill would give effect to deeds entered into between the Crown and Ngati Tuwharetoa, Raukawa, and Te Arawa River Iwi to restore and protect the wellbeing of the Waikato River. This follows the recently enacted Waikato-Tainui Raupatu Claims (Waikato River) Settlement Act 2010.
Employment Relations (Statutory Minimum Redundancy Entitlements) Amendment Bill
Smart Meters (Consumer Choice) Bill
Tariff Act 1988 Repeal Bill
Electoral (Finance Reform and Advance Voting) Amendment Bill
Television New Zealand Amendment Bill
Local Government Act 2002 Amendment Bill
Bill |
Select Committee |
Submissions close (2010) |
Report due (2010) |
Copyright (Infringing File Sharing) Amendment Bill |
Commerce |
17 June |
22 October |
Electoral (Disqualification of Convicted Prisoners) Amendment Bill |
Law and Order |
11 June |
21 October |
Electoral (Finance Reform and Advance Voting) Amendment Bill |
Electoral Legislation |
17 June |
6 November |
Electoral Referendum Bill |
Electoral Legislation |
10 June |
22 October |
Electricity Industry Bill (see also SOP 121) |
Finance and Expenditure |
14 May |
15 June |
Employment Relations (Rest Breaks and Meal Breaks) Amendment Bill |
Transport and Industrial Relations |
11 June |
29 October |
Employment Relations (Workers' Secret Ballot for Strikes) Amendment Bill |
Transport and Industrial Relations |
27 May |
21 October |
Prisoners' and Victims' Claims (Expiry and Application Dates) Amendment Bill |
Justice and Electoral |
14 May |
1 June |
Social Assistance (Future Focus) Bill |
Social Services |
14 May |
30 July |
Television New Zealand Amendment Bill |
Commerce |
17 July |
29 October |
Land Transport (Driver Licensing) Amendment Bill
Marine Reserves (Consultation with Stakeholders) Amendment Bill
Bill |
Select Committee |
Report due (2010) |
Arms Amendment Bill (No 3) |
Law and Order |
26 November |
Child and Family Protection Bill |
Justice and Electoral |
11 August |
Christ's College (Canterbury) Amendment Bill |
Government Administration |
17 September |
Courts (Remote Participation) Bill |
Justice and Electoral |
31 May |
Education (Freedom of Association) Amendment Bill |
Education and Science |
30 September |
Fair Trading (Soliciting on Behalf of Charities) Amendment Bill |
Commerce |
9 June |
Financial Service Providers (Pre-Implementation Adjustments) Bill |
Commerce |
24 May |
Franklin District Council (Contribution to Funding of Museums) Amendment Bill |
Local Government and Environment |
29 October |
Human Assisted Reproductive Technology (Storage) Amendment Bill |
Health |
8 June |
Insurance (Prudential Supervision) Bill |
Finance and Expenditure |
8 June |
Limitation Bill |
Justice and Electoral |
5 July |
Local Government (Auckland Law Reform) Bill |
Auckland Governance Legislation |
24 May |
Marine Reserves Bill |
Local Government and Environment |
30 December |
Public Works (Offer Back of and Compensation for Acquired Land) Amendment Bill |
Local Government and Environment |
17 June |
Sale and Supply of Liquor and Liquor Enforcement Bill |
Justice and Electoral |
30 June |
Sale of Liquor (Objections to Applications) Amendment Bill |
Social Services |
30 June |
Search and Surveillance Bill |
Justice and Electoral |
29 October |
Securities Trustees and Statutory Supervisors Bill |
Commerce |
24 September |
Sustainable Biofuel Bill |
Local Government and Environment |
29 July |
Tariff (Malaysia Free Trade Agreement) Amendment Bill |
Foreign Affairs, Defence and Trade |
15 June |
Taxation (Annual Rates, Trans-Tasman Savings Portability, KiwiSaver, and Remedial Matters) Bill |
Finance and Expenditure |
8 June |
Trans-Tasman Proceedings Bill |
Justice and Electoral |
29 July |
Animal Welfare Amendment Bill
Antarctica (Environmental Protection: Liability Annex) Amendment Bill
Aquaculture Legislation Amendment Bill (No 2)
Carter Observatory Act Repeal Bill
Children, Young Persons, and Their Families Amendment Bill (No 6)
Dog Control Amendment Bill (No 2)
Electoral (Administration) Amendment Bill
Electricity (Continuance of Supply) Amendment Bill
Inquiries Bill
Māori Trustee and Māori Development Amendment Bill
Motor Vehicle Sales Amendment Bill
Ngāti Apa (North Island) Claims Settlement Bill
Oaths Modernisation Bill
Patent Attorneys Bill
Patents Bill
Privacy (Cross-border Information) Amendment Bill
Private Security Personnel and Private Investigators Bill
Public Health Bill
Radio New Zealand Amendment Bill
Rail Network Bill
Regulatory Responsibility Bill
Reserves and Other Lands Disposal Bill
Statutes Amendment Bill
Student Loan Scheme (Exemptions and Miscellaneous Provisions) Amendment Bill
Therapeutic Products and Medicines Bill
Trade (Safeguard Measures) Bill
Trade Marks (International Treaties and Enforcement) Amendment Bill
Trustee Amendment Bill
Whanganui Iwi (Wanganui (Kaitoke) Prison and Northern Part of Wanganui Forest) On-account Settlement Bill
Cultural Property (Protection in Armed Conflict) Bill
Education Amendment Bill
Gambling Amendment Bill (No 2)
Infrastructure Bill
Residential Tenancies Amendment Bill
Sentencing and Parole Reform Bill
Waikato-Tainui Raupatu Claims (Waikato River) Settlement Act 2010
This Act gives effect to the deed of settlement and Kingitanga Accord between the Crown and Waikato-Tainui.
Alcohol Advisory Council Levy Order 2010
Cadastral Survey (Fees) Amendment Regulations 2010
Coroners (Salaries and Superannuation) Determination 2010
Dairy Industry Restructuring (Raw Milk) Amendment Regulations (No 2) 2010
Dairy Industry Restructuring (Raw Milk) Amendment Regulations 2010
Deposit Takers (Charitable and Religious Organisations) Exemption Notice 2010
Deposit Takers (Wine Country Credit Union) Exemption Notice 2010
Double Tax Agreements (Singapore) Order 2010
Family Courts Amendment Rules 2010
Fisheries (High Seas Fishing Notifications) Notice 2010
Fisheries (High Seas Fishing Notifications: Western and Central Pacific Fisheries Commission) Amendment Notice 2010
Fisheries (High Seas Fishing Notifications - Commission for the Conservation of Southern Bluefin Tuna) Amendment Notice 2010
Fisheries (High Seas Fishing Notifications - Commission for the Conservation of Antarctic Marine Living Resources) Amendment Notice 2010
Fisheries (High Seas Fishing Notifications - North East Atlantic Fisheries Commission) Amendment Notice 2010
Gambling (Problem Gambling Levy) Regulations 2010
Health Practitioners (Quality Assurance Activity - South Canterbury District Health Board) Notice 2010
Income Tax (Social Assistance Suspensory Loans) Amendment Order 2010
Land Information New Zealand (Fees and Charges) Amendment Regulations 2010
Land Transfer Amendment Regulations 2010
Local Government Elected Members (2009/10) (Except Auckland) Amendment Determination 2010
Ombudsmen Act (Schedule 1 - New Zealand Food Safety Authority) Order 2010
Parental Leave and Employment Protection Amendment Regulations 2010
Parliamentary Travel, Accommodation, Attendance, and Communications Services Determination 2010
Sentencing (Offender Levy) Amendment Act 2009 Commencement Order 2010
State Sector (New Zealand Food Safety Authority) Order 2010
State-Owned Enterprises Amendment Act 1992 (MCS Limited) Commencement Order 2010
Takeovers Code (Delegat's Group Limited) Exemption Notice 2010
United Nations Sanctions (Democratic People's Republic of North Korea) Amendment Regulations 2010
United Nations Sanctions (Eritrea) Regulations 2010
Next week is Budget week, with the big announcement on Thursday. Members of the Public Law & Policy Team will be at the Budget briefing in order to bring you a special Budget edition of Watching Brief.
In the coming weeks we can also expect the final Auckland Governance Bill to be reported back from the Auckland Governance Legislation Select Committee.
Passing the Budget through the House is very time consuming, and the Government will need to work hard to pass the final Auckland Governance Bill in time for the local government elections, pass its law changes to the financial advisers regime in July and pass its law changes to the electricity industry by 1 October.
The Commerce Committee has been hearing submissions on Amy Adams' Member's Bill, the Fair Trading (Soliciting on Behalf of Charities) Amendment Bill, which aims to provide clarity for New Zealanders as to what proportion of the money they are donating the charity receives. Submitters were split on whether the best way to oversee charities is through self-regulation or legal regulation.
The Committee also sat for a mammoth hearing of submissions on the Financial Service Providers (Pre-Implementation Adjustments) Bill last Thursday. With the release of a Cabinet Paper last Monday addressing four key remaining issues with the financial advisers regime, the Committee was primarily interested in the definitions of "financial planning service" and "financial advice", further exemptions from the regime (including a proposed exemption for incidental advice), and managing people who are nominated representatives of more than one qualifying financial entity (QFE). The Committee has this week, with the permission of the House, released the Departmental Report on the Bill for comment.
The Committee has been hearing submissions on Sir Roger Douglas' Member's Bill, the Education (Freedom of Association) Amendment Bill, which removes compulsory membership of student unions at tertiary education providers. Submitters were divided on whether membership should be compulsory: some argued that such unions would fold due to a lack of a guaranteed funding stream, resulting in a negative impact on students, while others argued that it is a fundamental human right to choose whether to be a member of a student union or not.
The Committee has also been hearing evidence on its briefing from the Chief Science Advisor to the Prime Minister.
The Committee met to consider the international treaty examinations of the New Zealand-Hong Kong Closer Economic Partnership Agreement, amongst others. Discussions focused on why the fair trade agreement with Hong Kong is important to New Zealand for strategic reasons (giving New Zealand a platform into China) and commercial reasons.
The Committee has been hearing submissions on its inquiry on how to improve completion rates of childhood immunisation, and its briefing on improving New Zealand's environment to support innovation through clinical trials. Professor Sir Peter Gluckman stressed that New Zealand is increasingly looking to research and science to increase its productivity and social development, and that promoting clinical research is a key way to achieve this.
The Committee has been hearing submissions on the Child and Family Protection Bill and Courts (Remote Participation) Bill, and a petition from Jane Prichard concerning cultural underage marriages.
The Committee has been hearing evidence on the inquiry into the financial performance and current operations of Māori Television Service for the financial year ending 30 June 2009. It has also been hearing submissions on its inquiry into the Māori Community Development Act, which addresses the constitution of Māori Committees and Associations, defines the powers and functions of the Māori Wardens, and defines the powers and functions of the New Zealand Māori Council.
The Committee has been hearing evidence on the financial review of the New Zealand Walking Access Commission.
The Committee has been hearing submissions on its inquiry into the identification, rehabilitation, care and protection of child offenders. Suggestions included investing the CYFS thresholds for action, concentrating on identifying problems early and intervening intensively, and providing more funding for intervention programmes.
The Committee has been hearing evidence on its briefing on integrated ticketing, and on the international treaty examination of the Convention on International Interest in Mobile Equipment and the Protocol to the Convention on International Interests in Mobile Equipment on Matters Specific to Aircraft Equipment.
As a part of its Budget package for 2010, the Government has released Igniting Potential: New Zealand's Science and Innovation Pathway, its strategy for future investment in research, science and technology sector (RS&T). Coupled with this strategy, Prime Minister John Key has announced that the Government will increase investment into the sector, with new initiatives of $321 million over four years. The centerpiece of this commitment is a $234 million increase over four years in support of business research and development (R&D). Of the $321 million, $225 is new funding and $96 million has been reallocated from elsewhere in existing Budget lines. Science, behind Health and Education, is now set to get the third biggest increase in operating expenditure in the 2010 Budget.
New Zealand ranks poorly by international standards for business R&D. The Government has responded to this by making science a priority for investment, with the aim of stimulating economic growth, and lifting the long-term performance of the New Zealand economy. While Budget 2009 focused on boosting the public science system (including improving Crown Research Institutes and establishing the Primary Growth Partnership), Budget 2010 takes this a step further by shifting the focus to business R&D. The strategy aims to turn scientific knowledge into business growth, as well as strengthening New Zealand's international scientific relationships and ensuring New Zealand is well placed to take advantage of new international opportunities. The package includes significant increases in support for talented scientists, improved funding to Crown Research Institutes (CRIs), as well as other commitments to making the Government's science and innovation structure generally more efficient.
Specifically, the new measures include:
The initial administration of the new schemes will be conducted by the Foundation for Research, Science and Technology. This will continue until the merger of the Foundation with the Ministry of Research, Science and Technology, when the Ministry will assume administrative responsibility.
John Key, as Minister of Tourism and Prime Minister, has announced that the Government will spend an extra $30 million on tourism, to be detailed in the Budget. This follows the 2009 Budget's commitment to spend $50 million over three years for the National Cycleway.
$25 million of the new funding will be used to increase the marketing of New Zealand as a tourism destination internationally, while the other $5 million will be allocated to joint venture initiatives.
The review of the New Zealand Security Intelligence Service and the Government Communications Security Bureau, carried out by former Secretary of Foreign Affairs and Trade Simon Murdoch, has been completed.
The Government has decided that the central agencies (Department of Prime Minister and Cabinet (DPMC), Treasury and State Services Commission) will now have a greater oversight of these intelligence agencies. This oversight will focus on performance, the setting of priorities and resource allocation, but not in relation to the actual operations of the intelligence agencies.
The director of DPMC's National Assessments Bureau (formerly the the External Assessments Bureau) will also be responsible for a national assessments programme that includes domestic and external intelligence sources, establishing quality standards across the intelligence agencies for the assessment and analysis of intelligence.
High Court, Hamilton, 20 April 2010 (CIV-2010-419-413)
This case involved a last minute attempt by a member of Ngati Te Ata o Waiohua to prevent the Waikato-Tainui Raupatu Claims (Waikato River) Settlement Bill from receiving its third reading.
The plaintiff applied for an interim order from the court to prevent the Bill from proceeding through Parliament. This was based on a claim that the Crown was in breach of its obligations under the Treaty of Waitangi by failing to advise Ngati Te Ata that the subject matter of its negotiations had been resolved by a deed of settlement and intended legislation. It was also claimed that the Crown and Waikato-Tainui breached Ngati Te Awa's legitimate expectation by failing to explain, consult or compromise with Ngati Te Ata, and that Waikato-Tainui had purported, without authority, to negotiate on Ngati Te Ata's behalf.
Harrison J applied the established principle of non-interference by the Courts in parliamentary proceedings and refused to grant the interim order. He stated "I would be acting unconstitutionally by granting the interim relief which is sought."
Who |
What |
By when… (2010) |
Biosecurity New Zealand |
Draft Import Health Standard for vessel biofouling |
10 June |
Draft Code of Welfare for Goats |
11 June |
|
Department of Building and Housing |
Regulations to support the new Unit Titles Act 2010 |
10 June |
Commerce Commission |
Mobile termination access services |
19 May |
Department of Conservation |
Use of the Henderson Valley for education and recreation activities |
14 June |
Basking shark protection |
16 June |
|
Electricity Commission |
Review of the undesirable trading situation (UTS) provisions in the Electricity Rules and the Regulations |
28 May |
Ministry of Fisheries |
In-season increase of the FLA 3 Total Allowable Catch (TAC) |
28 May |
The decision criteria used to help allocate Ministry of Fisheries resources |
28 May |
|
Draft National Fisheries Plan for deepwater and middle-depth fisheries |
11 June |
|
Customary regulations for the Southern Titi/Muttonbird Islands |
16 June |
|
Review of Challenger Area Commercial Fishing Regulation 11 |
16 June |
|
Management options for basking sharks to give effect to New Zealand’s international obligations |
16 June |
|
Return of kina to the sea |
16 June |
|
New Zealand Food Safety Authority |
Draft amendments to post-mortem examination of lamb (hands-off lamb examination) and implementation procedure |
21 May |
Food Standards Australia New Zealand |
Residue limits for certain agricultural and veterinary chemicals |
4 June |
Nutrient reference values (NRVs) in the Australia New Zealand Food Standards Code |
30 July |
|
Inland Revenue Department |
Acceptance of late objections to assessments or decisions under section 92(2) of the Child Support Act 1991 |
30 June |
Economic depreciation rate for equestrian arenas |
30 June |
|
Department of Labour |
Code of Practice for the Design, Manufacture, Supply, Safe Operation, Maintenance and Inspection of Cranes |
10 June |
Standards New Zealand |
Buried corrugated metal structures |
28 May |
Managing risk in sport and recreation |
2 June |
|
High visibility safety garments |
10 June |
|
Safety of information technology equipment |
23 July |
Who |
What |
By when… (2010) |
Department of Conservation |
Tongariro National Park Management Plan |
11 June |
Kauri National Park proposal |
tbc |
|
Draft Guidelines for Aircraft Access for Canterbury Conservancy |
Ongoing |
|
Ministry of Economic Development |
Review of Schedule 4 of the Crown Minerals Act 1991 |
26 May (extended) |
Electricity Commission |
Settlement of Islanded Embedded Generation |
21 May |
Under-frequency Event Causer Determination |
21 May |
|
Review of urgent rule amendments relating to instantaneous reserve dispatch improvements |
28 May |
|
Environmental Risk Management Authority |
Proposed amendments to child resistant packaging (CRP) requirements |
14 May |
Improving the Hazardous Substances and New Organisms (Personnel Qualifications) Regulations 2001 |
21 May |
|
Draft Cosmetic Products Group Standard |
31 May |
|
New Zealand Food Safety Authority |
Single Use Permit application form |
14 May |
Food Standards Australia New Zealand |
Food derived from insect-protected soybean |
19 May |
Lipase derived from Aspergillus niger as a processing aid (enzyme) |
19 May |
|
Ministry of Health |
Development of a Natural Health Products Bill |
17 May |
Proposal to ban tobacco retail displays |
21 May |
|
High Court Rules Committee |
The duty of parties to comply with the High Court Rules and the duty of lawyers to assist |
7 May |
Inland Revenue Department |
Interest deductibility - borrowing to replace and repay amounts invested in an income earning activity or business |
21 May |
Imaging of electronic storage media |
4 June |
|
Allowing a zero percent tax rate for non-residents investing in a PIE |
4 June |
|
Maritime New Zealand |
Maritime operator safety system |
2 July |
New Zealand Qualifications Authority |
Consultation on quality assuring mātauranga Māori courses and qualifications |
14 May |
Standards New Zealand |
Timber - Stress-graded for structural purposes |
14 May |
Code of Funding Practice (including for the community and voluntary sector) |
14 May |
|
Water safety signs and beach safety flags |
17 May |
|
Plastics piping systems for soil and waste discharge |
18 May |
|
Electrical installations - Patient areas |
19 May |
|
Guide for managing risk in not-for-profit organizations |
21 May |
|
Approval and test specification - General requirements for electrical equipment |
9 July |
|
Safety requirements for deep fat fryers, frying pans and similar appliances |
9 July |
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Safety requirements for vacuum cleaners and water-suction cleaning appliances |
9 July |
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Safety requirements for refrigerating appliances, ice-cream appliances and ice-makers |
9 July |
|
Safety requirements for appliances for skin exposure to ultraviolet and infrared radiation |
9 July |
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Safety requirements for commercial refrigerating appliances with an incorporated or remote refrigerant condensing unit or compressor |
9 July |
|
Safety requirements for battery chargers |
9 July |
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Safety requirements for room heaters |
9 July |
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Safety requirements for instantaneous water heaters |
9 July |
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Safety requirements for pumps |
9 July |
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New Zealand Transport Agency |
Draft Land Transport Rule: Traffic Control Devices Amendment |
19 May |
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