Hone Harawira was never one for subtlety. But as provocative and, many would say, asinine as his latest outburst was, it would be a mistake to take him at face value.
An entrenched part of the Harawira whanau's militant wing, Hone has always been an attack dog, usefully aimed at opponent's throats when less direct alternatives aren't yielding results. He might occasionally roam unmuzzled and unchipped, but more often than not his engagement was tactical and part of a bigger game.
But just whose game he was playing when he adopted the pose and racially charged language of his time as leader of the infamous Patu Squad is anyone's guess. One thing is certain though the interests served were not those of the Māori Party.
Kicking into life a strand of aggressive racism that had been lying quiescent in the face of substantive Māori policy gains, Harawira succeeded in delivering a damaging, if not quite mortal, blow to the Māori party's mainstream appeal. He also placed the Party's political aspirations in real jeopardy.
For that reason alone, Māori Party co-leaders Turia and Sharples would be happy to see the back of him. But the likely fall-out from those in Te Tai Tokerau happy with his bad boy ways and cold war rhetoric stands in the way of the fateful step of expulsion.
Instead Turia and Sharples left it to Party President Professor Whatarangi Winiata to draw Harawira into open ground where his status as an 'independent' could be asserted. It was, implied a canny Winiata, a case of Hone leaving the Party, rather than the Party leaving him. At one blow, Harawira's future and future accountability were placed squarely in his own hands - and the hands of his northern elders. The way back will be difficult, if it is open at all.
Harawira's back-tracking in the face of this suggests that a short, if colourful, life outside the Māori Party was not part of his agenda. Nor, judging from the abuse aimed at Goff, was a prodigal return to client status within Labour. Which leaves us not with a Machiavellian plan, but just with a guy with a sense of entitlement who hoped that some tactical bluster would shift attention from his appreciation of la vie Parisienne. It did of course, but the price he will pay may be terminal.
As to the Māori Party's relationship with National, perversely it seems likely to be enhanced. After the World Cup coverage debacle, the Harawira incident provides an opportunity for each party to overlook each other's missteps. That mutuality should be enough to assure the security of the confidence and supply agreement and allow the partners to get on with more important things.
Seizing the opportunity afforded by the Harawira gaffe and left begging by Labour nice guy Phil Goff, Winston Peters effortlessly commandeered prime news time to reinforce his credentials with the fearful and the elderly. It was mother's milk that provided another fillip to Peters' campaign to return to Parliament.
Whilst the aging remains of 'Rob's Mob' and NZF diehards will be encouraged, those ambivalent about the future of MMP will be less sanguine about the prospect of a return to a dynamic where the political tail once more wags the dog. It may be just enough to consign MMP to the trash.
But that will be in 2014; plenty of time for he-who-should-never-be-written-off to etch deeper his mark on the body politic.
National and Green Party MOU disintegrates
National's memorandum of understanding to work with the Green Party on energy efficiency policy has fallen over, with the Green Party abandoning any pretence of engagement. Asserting that they were not being consulted over energy efficiency policy, the Greens said they opposed Government policy. Jeanette Fitzsimons, in particular, said she was not consulted on plans to scrap the Energy Efficiency and Conservation Strategy. The Government has asserted in response that the Strategy is only being updated.
Walking away from the understanding will allow the Greens to return to the ground on which it has always been happiest - criticising Government from the margins.
The House has been in recess for the past two weeks and there are no new Bills or Bills to Select Committees.
Bills To Select Committees
Open for submissions
Bill |
Select Committee |
Submissions close |
Report due |
Dairy Industry Restructuring (Raw Milk Pricing Methods) Amendment Bill |
Primary Production |
3 December 2009 |
2 March 2010 |
Education (Freedom of Association) Amendment Bill |
Education and Science |
31 March 2010 |
28 May 2010 |
Electoral (Administration) Amendment Bill |
Justice and Electoral |
10 December 2009 |
27 April 2010 |
Injury Prevention, Rehabilitation, and Compensation Amendment Bill |
Transport and Industrial Relations |
26 November 2009 |
12 February 2010 |
Submissions not yet called
Land Transport (Driver Licensing) Amendment Bill
Marine Reserves (Consultation with Stakeholders) Amendment Bill
Subordinate Legislation (Confirmation and Validation) Bill
Submissions closed
Bill |
Select Committee |
Report due |
Antarctica (Environmental Protection: Liability Annex) Amendment Bill |
Foreign Affairs, Defence and Trade |
20 February 2010 |
Arms Amendment Bill (No 3) |
Law and Order |
26 February 2010 |
Border (Customs, Excise, and Tariff) Processing Bill |
Government Administration |
17 November 2010 |
Children, Young Persons, and Their Families (Youth Courts Jurisdiction and Orders) Amendment Bill |
Social Services |
27 November 2009 |
Cluster Munitions (Prohibition) Bill |
Foreign Affairs, Defence and Trade |
28 January 2010 |
Education (Polytechnics) Amendment Bill |
Education and Science |
20 November 2009 |
Franklin District Council (Contribution to Funding of Museums) Amendment Bill |
Local Government and Environment |
30 April 2010 |
Inquiries Bill |
Government Administration |
28 January 2010 |
Limitation Bill |
Justice and Electoral |
4 February 2010 |
Marine Reserves Bill |
Local Government and Environment |
30 December 2010 |
Motor Vehicle Sales Amendment Bill |
Commerce |
30 December 2009 |
Patents Bill |
Commerce |
30 March 2010 |
Private Security Personnel and Private Investigators Bill |
Justice and Electoral |
30 March 2010 |
Public Works (Offer Back of and Compensation for Acquired Land) Amendment Bill |
Local Government and Environment |
17 June 2010 |
Radio New Zealand Amendment Bill |
Commerce |
24 December 2009 |
Sale and Supply of Liquor and Liquor Enforcement Bill |
Justice and Electoral |
30 June 2010 |
Sale of Liquor (Objections to Applications) Amendment Bill |
Social Services |
30 June 2010 |
Search and Surveillance Bill |
Justice and Electoral |
1 May 2010 |
Sentencing and Parole Reform Bill |
Law and Order |
30 November 2009 |
Student Loan Scheme (Exemptions and Miscellaneous Provisions) Amendment Bill |
Education and Science |
30 November 2009 |
Sustainable Biofuel Bill |
Local Government and Environment |
29 January 2010 |
Waikato-Tainui Raupatu Claims (Waikato River) Settlement Bill |
Māori Affairs |
31 December 2009 |
Bills Awaiting Second Reading
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.
Aquaculture Legislation Amendment Bill (No 2)
Children, Young Persons, and Their Families Amendment Bill (No 6)
Carter Observatory Act Repeal Bill (Report of the Science and Education Committee)
Climate Change Response (Moderated Emissions Trading) Amendment Bill (Report of the Finance and Expenditure Committee)
Corrections (Contract Management of Prisons) Amendment Bill
Crimes (Provocation Repeal) Amendment Bill
Dog Control Amendment Bill (No 2)
Education Amendment Bill
Electricity (Continuance of Supply) Amendment Bill
Infrastructure Bill (Report of the Transport and Industrial Relations Committee)
Judicial Matters Bill
Māori Commercial Aquaculture Claims Settlement (Regional Agreements) Amendment Bill
Māori Trustee and Māori Development Amendment Bill
Methodist Church of New Zealand Trusts Bill (Report of the Finance and Expenditure Committee)
Oaths Modernisation Bill
Privacy (Cross-border Information) Amendment Bill
Public Health Bill
Rail Network Bill
Regulatory Improvement Bill
Regulatory Responsibility Bill
Remuneration Authority Amendment Bill
Reserves and Other Lands Disposal Bill
Residential Tenancies Amendment Bill
Serious Fraud Office (Abolition and Transitional Provisions) Bill
Taxation (Consequential Rate Alignment and Remedial Matters) Bill (Report of the Finance and Expenditure Committee)
Therapeutic Products and Medicines Bill
Trade (Safeguard Measures) Bill
Trade Marks (International Treaties and Enforcement) Amendment Bill
Trustee Amendment Bill
Unit Titles Bill
Waka Umanga (Māori Corporations) Bill
Bills Awaiting Third Reading
Biosecurity Amendment Bill
Cultural Property (Protection in Armed Conflict) Bill
Gambling Amendment Bill (No 2)
Legal Services Amendment Bill
Palmerston North Showgrounds Act Repeal Bill
Settlement Systems, Futures, and Emissions Units Bill divided into:
- Personal Property Securities Amendment Bill
- Reserve Bank of New Zealand Amendment Bill
- Securities Amendment Bill
- Security Markets Amendment Bill
Immigration Bill
Insolvency Amendment Bill
Whakarewarewa and Roto-a-Tamaheke Vesting Act 2009
Land Transport (Road User) Amendment Rule (No 2) 2009
Health Practitioners (Quality Assurance Activity—Taranaki DHB) Notice 2009
Real Estate Agents Authority (Fees and Levies) Notice 2009
Securities Act (Kiwi Income Property Trust) Exemption Notice (No 2) 2009
Civil Aviation (Safety) Levies Amendment Order 2009
Parliamentary Salaries and Allowances Determination 2009
Excise and Excise-equivalent Duties (Tobacco Products Indexation) Amendment Order 2009
Health Practitioners (Quality Assurance Activities—Waikato DHB) Notice 2009
Health Practitioners (Quality Assurance Activity—Central Otago Health Services Limited) Notice 2009
Securities Act (Authorised Futures Contracts) Exemption Amendment Notice 2009
This week we can expect the Ngāti Apa (North Island) Claims Settlement Bill to receive its first reading; the Bills divided from the Settlement Systems, Futures, and Emissions Units Bill to be passed; and the following Bills to receive their second readings:
- Corrections (Contract Management of Prisons) Bill
- Crimes (Provocation Repeal) Amendment Bill
- Education Amendment Bill.
Looking slightly further ahead, the heavy legislative agenda for the remainder of the year can be expected to result in further urgency motions. One likely candidate for inclusion in an urgency motion is the Corrections (Contract Management of Prisons) Amendment Bill.
As the House has been in recess over the past fortnight there have been few Select Committee meetings.
Finance and Expenditure Committee
Dr Allan Bollard presented an oral report on the Reserve Bank's November Financial Stability Report. Dr Bollard noted global financial markets had improved considerably over the course of 2009, with particular focus on housing markets and the banking sector. Whilst there is heavy reliance on offshore foreign capital markets, it seems the banking sector has held up well. Dr Bollard was optimistic the peak in unemployment would be well below that of previous recessions, and expressed the intention of the Reserve Bank to explore prudential monetary policy options, in addition to incremental tools such as adjusting the Official Cash Rate. There was also some positive discussion on the implementation of foreign exchanges transaction taxes and finance company moratoriums.
Foreign Affairs, Defence, and Trade Committee
The Committee has begun examining the following international treaties and is seeking submissions by 19 November:
- Exchange of Letters constituting an Agreement between the Government of New Zealand and the Government of Malaysia on the treatment of Alcoholic Beverages in the New Zealand-Malaysia Free Trade Agreement
- New Zealand-Malaysia Agreement on Environmental Cooperation
- New Zealand-Malaysia Agreement on Labour Cooperation
- New Zealand-Malaysia Free Trade Agreement (including annexes Vols 1 and 2)
Select Committee reports on ETS changes
The Finance and Expenditure Committee has reported back the Climate Change Response (Moderated Emissions Trading) Amendment Bill, which makes changes to the Emissions Trading Scheme (ETS). It was given a tight timeframe in which to consider the Bill, and has been hearing submissions at a rapid rate.
The report is a disappointing read for those hoping for cross-party agreement. Throwing up their hands, committee members agreed on one thing - that they disagreed:
"We were unable to reach agreement on whether to recommend that the ... Bill be passed, because of members' differing views ... . We also could not agree on the kinds of amendments from which the Bill might benefit if it were to be passed."
The ensuing report consistent of a series of minority opinions, which amounted to a restatement of established political positions on the design of an ETS.
The changes officials have prepared for the Bill on the basis of this will be inserted by supplementary order papers.
The report can be found here.
Reviews Affecting the Aquaculture and Mining Industries
The aquaculture and mining industries are each undergoing a major review. The review of aquaculture is prompted by the industry's unused economic potential, and the complex regulatory structure which has applied to it in recent years, effectively stalling the industry's growth. Mining, too, is being reconsidered by the Government, with an eye to discovering the depth of unmined mineral potential in New Zealand's national parks.
The report of the Aquaculture Technical Advisory Group (TAG) earlier this month made a number of recommendations to the Government in an attempt to allow the aquaculture industry to grow to its full potential. Particularly innovative reforms suggested by the TAG include the appointment of a Minister of Aquaculture and the establishment of an aquaculture agency. These signal a stronger guiding role for central Government in the growth of the aquaculture industry, and a desire to sweep away the regulatory binding which has been strangling the industry's growth for the past decade. Also recommended is the establishment of an aquaculture fund, a contestable fund from which local authorities can draw for consenting and technical work related to aquaculture. New "aquaculture zones" are also proposed, as opposed to the current "aquaculture management areas", with 20% of space to be allocated to iwi and the remaining 80% to be offered to the initiator of a zone. Water quality testing is recommended to occur in parallel with consent applications, and the consenting process is recommended to be strengthened, while preserving numerous consenting processes.
A joint Ministry of Economic Development (MED) and Department of Conservation (DOC) review of Schedule 4 of the Crown Minerals Act 1991 was announced by Energy Minister Gerry Brownlee back in August. Its reporting date has been extended to February 2009. Land listed in Schedule 4 can generally be described as conservation land, and includes marine reserves. Such land is specially protected against mining, but the MED has recommended a review of Schedule 4 in light of the discovery that Fiordland, Kahurangi and Paparoa national parks contain significant and untapped mineral potential. Currently, policy and technical data is being gathered, and the extent and economic value of these untapped resources are being assessed. A six week consultation process is planned once the report is released. Whether minerals in the conservation estate will be available for access in the future remains up in the air.
If you are interested in either of these reviews, the Russell McVeagh National Resource Management Team has produced more comprehensive summaries, which are available by request to your usual legal advisor.
Procurement Reform: Economies of Scale
The four-year Government Procurement Reform that began in June has already recommended changes to the way the Government buys workplace equipment. Minister of Economic Development Gerry Brownlee has announced that Government agencies will now begin to coordinate purchasing to attain better economies of scale. As part of the reform initiative, new Centres of Expertise will be established and will be empowered to negotiate all-of-Government contracts. The first such Centre will deal with IT equipment (from within the Department of Internal Affairs), and the second will deal with passenger vehicles and stationery (from within the Ministry of Economic Development). By using all-of-Government contracts, the Minister expects significant savings, and has noted that other jurisdictions have achieved cost savings in the realm of 5-10% with an equivalent approach to procurement. The rest of the Government Procurement Reform continues under its four themes: achieving cost savings; building procurement capability and capacity; enhancing New Zealand business participation; and improving governance, oversight, and accountability.
Multi-Party Banking Inquiry: Bark Sans Bite?
The Report of the Parliamentary Inquiry into Banking, a multi-party initiative by Labour, the Green Party and the Progressives, was recently returned to both media interest and political positioning. Following hearings on 2 to 3 September and 50 submissions from certain interested parties, the Report noted that there was a "remarkable degree of agreement on a number of key banking and monetary policy issues" between the submitters, and found that the major banks had not passed on reductions in the Official Cash Rate to their short term interest rates. This finding has been criticised by the National-led Government, who noted the complexity of the relationship between the Official Cash Rate and lending rates. The Reserve Bank has also recently found that banks' interest rate margins have dropped and stabilised at a relatively low level, according to a spokesman for Finance Minister Bill English.
The Report also found or suggested a number of other issues facing the banking sector, including that the present monetary policy framework could have serious unintended consequences for New Zealand's economic recovery, and that there was a serious misallocation of resources in the economy, with demand factors accentuating monetary imbalances.
The findings in the Report were criticised heavily by the New Zealand Bankers' Association, who stated that the findings were unsustainable in fact, and that the findings undervalued the support banks had given to the economy during its stabilisation and gradual recovery. The New Zealand Bankers' Association also disagreed with the Report's finding that there was insufficient competition between the major banks.
Consultation for Electricity Charge Components
The current Government Policy Statement on Electricity Governance (GPS) requires the Electricity Commission to ensure that domestic customer contracts address the "transparency of charge components". Accordingly, the Electricity Commission has released a discussion document which outlines five options for carrying out this requirement, and recommends two. The two preferred options centre on requiring electricity invoices to direct consumers to a website or telephone number where they can access information outlining unbundled lines charges and energy charges.
The Electricity Commission is seeking submissions by 14 December. The full discussion document can be found here.
New Regulation of Real Estate Agents Begins
The new regulation of real estate agents begins this week, with the Real Estate Agents Act 2008 coming into force and the Real Estate Agents Authority being launched. The new Authority replaces the Real Estate Institute of New Zealand (REINZ) as industry regulator. There is a new licensing regime for real estate agents, branch managers and salespersons, as well as a new Code of Professional Conduct and Client Care.
ECan Review Team Announced
The Government has announced the team that will conduct the review of Environment Canterbury (ECan). The review under Section 24A of the Resource Management Act into ECan's resource management functions will be undertaken by former National Party Minister Wyatt Creech, Doug Martin of Martin Jenkins and Associates, and independent consultant Greg Hill. The review of ECan's governance, policy functions and relationships with other councils will be undertaken by civil engineer Doug Lowe, consultant Julie Clausen, and economist Alison Dalziel. The reviews are due to report in January next year.
Who |
What |
By when… (2009) |
Biosecurity New Zealand |
Export laboratory programme |
27 November |
Draft import health standard for table grapes from China |
11 December |
Draft import health standard for pears from China |
11 December |
Ministry of Economic Development |
The future of the telecommunications relay service in New Zealand |
16 December |
Electricity Commission |
Bay of Plenty interconnection capacity upgrade investment proposal |
24 November |
Transparency of charge components |
14 December |
Environmental Risk Management Authority |
Reassessment of methyl bromide as a hazardous substance |
18 December |
Ministry of Fisheries |
"Re-starting Aquaculture"– Aquaculture Technical Advisory Group Report |
16 December |
New Zealand Food Safety Authority |
Review of management of listeria monocytogenes in long- and short- shelf-life ready-to-eat seafood |
20 November |
Code of practice for cold and dry stores |
27 November |
Inland Revenue Department |
GST treatment of payments to retirement villages |
20 November |
GST: Accounting for land and other high-value assets |
18 December |
New Zealand Transport Agency |
Tolling motorcycles on the Northern Gateway Toll Road |
27 November |
SH1 Blenheim to Ashley River Bridge |
27 November |
SH6 route security strategic study |
27 November |
SH73 route security strategic study |
4 December |
Omnibus amendments to the Land Transport Rules |
11 December |
Standards New Zealand |
Installing insulation in residential buildings |
8 December |
Electrical installations - construction and demolition sites |
8 December |
Backflow preventions devices |
17 December |
Land development and subdivision |
5 February 2010 |
Who |
What |
By when… (2009) |
Biosecurity New Zealand |
Animal welfare (transport within New Zealand) code |
30 November |
Proposal to amend National Bovine Tuberculosis Pest Management Strategy |
30 November |
Department of Building and Housing |
Retirement villages disclosure statement |
11 December |
Department of Conservation |
Planning for recreation in Ō Tū Wharekai (Canterbury) |
30 November |
Sir Edmund Hillary Outdoor Pursuits Centre Trust concession notification |
17 December |
Kauri National Park proposal |
tbc |
Draft Guidelines for Aircraft Access for Canterbury Conservancy |
Ongoing |
Ministry of Economic Development |
Facilitating the deployment of broadband infrastructure |
27 November (original deadline extended) |
Statutory framework for financial reporting; and accounting and assurance standards under this framework |
29 January 2010 |
Electricity Commission |
Dispatchable demand options |
16 November |
Draft guidelines for reporting breaches of the Electricity Governance Rules |
20 November |
Transmission pricing review |
7 December |
Scarcity pricing and compulsory contracting options |
7 December |
Options for managing locational price risk |
7 December |
Minor editorial changes to the Electricity Governance Rules |
29 January 2010 |
Ministry of Fisheries |
Māori commercial aquaculture settlement |
Not yet set |
High Court Rules Committee |
Reform of the law of discovery |
20 November |
Reform of the rules relating to written briefs |
20 November |
Inland Revenue Department |
Depreciation rate for loose furniture |
25 November |
Reimbursing shareholder-employees for motor vehicle expenses |
30 November |
Approved issuer levy, non-resident withholding tax and the bond market |
30 November |
Land Information New Zealand |
Pastoral leases at Glenrock, Holbrook, Rollesby, Gem Lake, Ben Nevis, and Craigroy |
27 November |
Maritime New Zealand |
Life jackets in small craft |
18 December |
Medsafe |
Good Clinical Research Practice Guideline |
30 November |
New Zealand Transport Agency |
Farebox recovery policy |
30 November |
Ministry of Social Development |
Whānau Ora: A whānau-centred approach to Māori wellbeing |
30 November |
Standards New Zealand |
Bunk beds and other elevated beds |
19 November |
Garments for general use |
20 November |
Safety of chain saws |
14 December |
Safety of range hoods and other cooking fume extractors |
14 December |
Safety of spin extractors |
14 December |
Safety of surface cleaning appliances for household use employing liquids or steam |
14 December |
Safety of insect killers |
14 December |
Safety of fixed immersion heaters |
14 December |
Safety of portable immersion heaters |
14 December |
Safety of hedge trimmers |
14 December |
Safety of switch mode power supply units and transformers for switch mode power supply units |
14 December |
Structural design actions: wind actions |
21 December |
Fire-resistant doorsets and smoke-control doors |
22 January 2010 |
New Zealand Walking Access Commission |
Draft National Strategy for Walking Access |
18 December |
Draft New Zealand Outdoor Access Code |
18 December |
