Where angels fear to tread?
The Prime Minister's appetite for a political stoush has manifested itself on a number of fronts this year. GST, Auckland governance, education standards and welfare reform all seem to have been taken on with, if not quite a cheery indifference, but at least a willingness to fight what is seen as the transformative fight.
But with the mining policy, Key seems to have lost some of his sang-froid. The hostile reaction of some 16% of National voters will doubtless have had something to do with that, as will the certainty that the sentiment of the party faithful will be symptomatic of a wider public discomfort. At the very least this result will have occasioned a rethink about the strategy of running with ideas before they and selling points are fully developed.
And the mining policy does have its selling points. These, however, have been lost, in a welter of public concern that iconic landscapes will be sacrificed to what some would see as the doubtful proposition that we should be more like Australia.
The fact that the public seems to have been left with the worst of impressions underscores the weakness of policy development by kite-flying. That's fine for most things, but when you really care about the result a defter hand is required. That's even truer when painstakingly constructed environmental credentials are concerned and are so easily blown away.
National may yet get its chance to make its case. Phil Goff may have been laudably quick to charter a plane to Great Barrier, but he failed to trumpet what could easily have been represented as "the Government's wholesale attack on the environment". His was, instead, a piecemeal approach: Great Barrier here, Coromandel there, a tactic that quietly underscored Brownlee's rearguard point that any activity would be limited, surgical and confined.
The Greens' relative silence on the issue may also have been helpful. Apart from a telling but 'me too' comment that mining conservation land would be damaging to the New Zealand economy, the Greens have barely figured in the debate, prompting commentators to suggest that they are well and truly asleep at the wheel.
So, whilst under siege, the Government's proposals are far from dead. By the omissions of others rather than careful design it has the opportunity to better make its case. It will seize it, if only because the gift won't come again.
Election year policy please
Those wanting to advance policy have a golden opportunity. Focussed on the big ticket items for the remainder of the year, there is little chance the Government will have time to devote to building its policies for election year and any second term.
Of course, some things are on the cards. Assuming the accelerator is not pressed on water allocation policy that at least will be a starter for 2012. Another may be the limited privatisation of state assets. But elsewhere there is a vacuum and the Government has made no bones about it, it is open to ideas. Those wanting to make a tilt at something should give serious thought to so doing.
Welfare reforms declared discriminatory
Attorney-General, Hon Christopher Finlayson, has once again taken a rigorous approach to his legal obligations, tabling a negative assessment of the consistency of the Government's Social Assistance (Future Focus) Bill with the New Zealand Bill of Rights Act 1990 (NZBORA).
Finlayson concluded that the introduction of a part-time work test for some benefits and not others is unjustified discrimination. Among the points noted were:
- Gender discrimination - widows with children do not have to undertake the part-time work test, but widowers with children do have to undertake the test.
- Marital status - solo parents whose partner is deceased do not have to undertake the part-time work test, but solo parents who are not with their partner for other reasons do.
- Family status - older single persons who care for children are treated differently from older single woman who no longer care for children.
As well as providing the legal analysis of why these provisions breach the NZBORA, Finlayson is unequivocal: "The different treatment also stigmatises [widowers, divorced or separated people, and older people responsible for the care of children] as less worthy of Government support than widows and older woman alone which itself perpetuates a stereotype of widows and older women as being less capable of being economically independent."
Whilst it is refreshing to see an Attorney-General exercising his duty under section 7 of the NZBORA, the possibility that another Bill will be enacted in the face of that inconsistency or on the basis of limited justification is of concern.
Also of concern was the Labour Opposition's attempt to score a political point from the Attorney-General's exercise of a legal duty. Cries of "cover up", in addition to being disingenuous, may have a chilling effect on the willingness of a future Attorney-General to do his or her job under the NZBORA when that job might be at odds with what Government wants to do.
Electoral Referendum Bill
Type of Bill: Government
Member in Charge: Hon Simon Power
This Bill provides for an indicative referendum on the electoral system to be held with the next general election in 2011. The referendum will give voters the opportunity to express an opinion on the preferred electoral system for New Zealand. The Bill will legislate for the format of the referendum, and a special Select Committee will be established to examine this Bill.
Social Assistance (Future Focus) Bill
Type of Bill: Government
Member in Charge: Hon Paula Bennett
This Bill contains a package of reforms to social welfare, which implement the Government's commitment to introduce a system of social welfare that has a focus on work. Some of the main changes made by the Bill include:
- those receiving an unemployment benefit for over a year would be expected to reapply;
- sole parents with children six years and over are to be work-tested and required to look for part-time work;
- sickness beneficiaries assessed as being able to do part-time work will face the same obligations;
- changes to childcare assistance thresholds for high income earners; and
- all benefit rates to be increased annually in line with the cost of living increases.
Environment Canterbury (Temporary Commissioners and Improved Water Management) Bill
Type of Bill: Government
Member in Charge: Hon Nick Smith
This Bill empowers the Government to appoint Commissioners in place of the Canterbury Regional Council (Environment Canterbury), in order to provide the governance and leadership necessary to address systematic, institutional and governance issues with the Council. This move follows the report from a Ministerial review panel, which recommended this action. This Bill was passed last week under urgency.
Immigration Act 2009 Amendment Bill
Type of Bill: Government
Member in Charge: Hon Dr Jonathan Coleman
This Bill will bring section 474 of the Immigration Act 2009 into force to enable effective implementation of the Act. This section authorises certain persons to exercise specified powers and functions before the other relevant provisions of that Act have commenced.
Bills To Select Committee
Courts (Remote Participation) Bill
Securities Trustees and Statutory Supervisors Bill
Social Assistance (Future Focus) Bill
Trans-Tasman Proceedings Bill
Open for submissions
Bill |
Select Committee |
Submissions close (2010) |
Report due (2010) |
Christ's College (Canterbury) Amendment Bill |
Government Administration |
30 April |
17 September |
Courts (Remote Participation) Bill |
Justice and Electoral |
16 April |
31 May |
SOP 113, relating to the Financial Service Providers (Pre-Implementation Adjustments) Bill |
Commerce |
15 April |
4 May |
Securities Trustees and Statutory Supervisors Bill |
Commerce |
6 May |
24 September |
Social Assistance (Future Focus) Bill |
Social Services |
14 May |
30 July |
Trans-Tasman Proceedings Bill |
Justice and Electoral |
7 May |
29 July |
Submissions not yet called
Land Transport (Driver Licensing) Amendment Bill
Marine Reserves (Consultation with Stakeholders) Amendment Bill
Submissions closed
Bill |
Select Committee |
Report due (2010) |
Animal Welfare Amendment Bill |
Primary Production Committee |
30 April |
Arms Amendment Bill (No 3) |
Law and Order |
28 May |
Child and Family Protection Bill |
Justice and Electoral |
11 August |
Education (Freedom of Association) Amendment Bill |
Education and Science |
28 May |
Electoral (Administration) Amendment Bill |
Justice and Electoral |
27 April |
Electricity Industry Bill |
Finance and Expenditure |
15 June |
Fair Trading (Soliciting on Behalf of Charities) Amendment Bill |
Commerce |
9 June |
Franklin District Council (Contribution to Funding of Museums) Amendment Bill |
Local Government and Environment |
30 April |
Human Assisted Reproductive Technology (Storage) Amendment Bill |
Health |
8 June |
Insurance (Prudential Supervision) Bill |
Finance and Expenditure |
8 June |
Limitation Bill |
Justice and Electoral |
7 May |
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 |
Sustainable Biofuel Bill |
Local Government and Environment |
29 July |
Taxation (Annual Rates, Trans-Tasman Savings Portability, KiwiSaver, and Remedial Matters) Bill |
Finance and Expenditure |
8 June |
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.
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)
Dairy Industry Restructuring (Raw Milk Pricing Methods) Amendment Bill
Dog Control Amendment Bill (No 2)
Electricity (Continuance of Supply) Amendment Bill
Māori Trustee and Māori Development Amendment Bill
Motor Vehicle Sales Amendment Bill
Ngāti Apa (North Island) Claims Settlement Bill
Oaths Modernisation Bill
Patents Bill (Report of the Commerce Committee)
Patent Attorneys Bill (subdivided from the Patents Bill. Report of the Commerce Committee)
Privacy (Cross-border Information) Amendment Bill
Private Security Personnel and Private Investigators Bill (Report of the Justice and Electoral Committee)
Public Health Bill
Radio New Zealand Amendment Bill
Rail Network Bill
Regulatory Improvement Bill
Regulatory Responsibility Bill
Reserves and Other Lands Disposal Bill
Residential Tenancies Amendment Bill
Sentencing and Parole Reform Bill (Report of the Law and Order Committee)
Statutes Amendment Bill (Report of the Government Administration Committee)
Student Loan Scheme (Exemptions and Miscellaneous Provisions) Amendment Bill
Therapeutic Products and Medicines Bill
Trade Marks (International Treaties and Enforcement) Amendment Bill
Trade (Safeguard Measures) Bill
Trustee Amendment Bill
Waikato-Tainui Raupatu Claims (Waikato River) Settlement Bill (Report of the Māori Affairs Committee)
Waka Umanga (Māori Corporations) Bill
Whanganui Iwi (Wanganui (Kaitoke) Prison and Northern Part of Wanganui Forest) On-account Settlement Bill
Bills Awaiting Third Reading
Cultural Property (Protection in Armed Conflict) Bill
Education Amendment Bill
Gambling Amendment Bill (No 2)
Infrastructure Bill
SOP 117 - Regulatory Improvement Bill
SOP 118 - Regulatory Improvement Bill
SOP 112 - Unit Titles Bill
Dairy Industry Restructuring (Raw Milk Pricing Methods) Bill
Environment Canterbury (Temporary Commissioners and Improved Water Management) Bill
Immigration Act 2009 Amendment Bill
Regulatory Improvement Bill, now divided into:
- Companies Amendment Bill
- Conservation Amendment Bill
- Designs Amendment Bill
- Fisheries Amendment Bill
- Gas Amendment Bill
- Hazardous Substances and New Organisms Amendment Bill
- Ministry of Agriculture and Fisheries (Restructuring) Amendment Bill
- Reserves Amendment Bill
- Weights and Measures Amendment Bill
Unit Titles Bill
Appropriation (2008/09 Financial Review) Act 2010
This Act confirms expenses incurred for the 2008/09 financial year in excess, but within the scope, of an existing appropriation in accordance with the Public Finance Act 1989.
District Courts (District Court Judges) Amendment Act 2010
Formerly part of the Judicial Matters Bill, this Act makes minor changes to the District Courts Act 1947.
Judicature (Judicial Matters) Amendment Act 2010
Formerly part of the Judicial Matters Bill, this Act makes minor changes to the salaries and allowances of High Court Judges serving on the Court of Appeal, and to the appointment of Associate Judges.
Judicial Conduct Commissioner and Judicial Conduct Panel (Deputy Commissioner and Disposal of Complaints) Amendment Act 2010
Formerly part of the Judicial Matters Bill, this Act provides for the appointment of a Deputy Judicial Conduct Commissioner and provides that the Judicial Conduct Commissioner may decide to take no further action on a complaint.
Maori Commercial Aquaculture Claims Settlement (Regional Agreements) Amendment Act 2010
This Act gives effect to a deed of settlement signed on 6 May 2009 between the Crown and Te Tau Ihu iwi and Ngāi Tahu of the South Island and the Hauraki tribes of the Coromandel for an early settlement of the Crown's pre-commencement aquaculture space obligations in those regions. The settlement is for $97 million and will meet the vast majority of the Crown's pre-commencement space obligations. The Act also gives effect to future agreements for early pre-commencement space settlements that the Crown may enter into with other iwi elsewhere.
Accident Compensation (Earners' Levy) Regulations 2010
Accident Compensation (Motor Vehicle Account Levies) Regulations 2010
Accident Compensation (Work Account Levies) Regulations 2010
Biosecurity (Forms) Amendment Regulations 2010
Biosecurity (Infringement Offences) Regulations 2010
Biosecurity Amendment Act 2009 Commencement Order 2010
Civil Aviation Charges Regulations (No 2) 1991 Amendment Regulations 2010
Climate Change (Prescribed Rate of Interest) Order 2010
Consumer Information Standards (Water Efficiency) Regulations 2010
Fisheries (Interim and Annual Deemed Values) Notice (No 3) 2003 Amendment Notice 2010
Fisheries (Interim and Annual Deemed Values) Notice 2003 Amendment Notice 2010
Fisheries (Quota Management Areas, Total Allowable Catches, and Catch Histories) Amendment Notice 2010
Fisheries (Rock Lobster Total Allowable Catches) Amendment Notice 2010
Fisheries (Rock Lobster Total Allowable Commercial Catches) Amendment Notice 2010
Fisheries (Southern Blue Whiting Total Allowable Catch) Amendment Notice 2010
Fisheries (Southern Blue Whiting Total Allowable Commercial Catch) Amendment Notice 2010
Gas (Safety and Measurement) Regulations 2010
Gas Amendment Act 2006 Commencement Order 2010
Health and Disability (Division of Southern DHB into Constituencies) Order 2010
Health and Disability (Establishment of Southern DHB) Order 2010
Health and Disability Services (Safety) Standards Notice 2010
Health Sector Transfers (Southern DHB) Order 2010
Heavy Motor Vehicle Amendment Regulations 2010
Horticultural Prescribed Products (Blackcurrants) Amendment Order 2010
Horticultural Prescribed Products (Persimmons) Amendment Order 2010
Local Electoral Amendment Regulations 2010
New Zealand Horticulture Export Authority (Nashi/Asian Pear) Amendment Order 2010
Rates Rebate (Specified Amounts) Order 2010
Securities Act (French Issuers Employee Share Purchase Schemes) Exemption Notice 2010
Securities Markets Act (Shell Overseas Holdings Limited) Exemption Notice 2010
Takeovers Code (NZ Windfarms Limited) Exemption Notice 2010
The House is now in recess and sits again on 20 April.
Commerce Committee
The Committee has been hearing the financial reviews of the Commerce Commission and the New Zealand Tourism Board.
Education and Science Committee
The Committee received a briefing from Associate Minister of Education, Heather Roy, regarding the review of Special Education Services. The review had received a total of 1500 submissions from those in the education sector and parents and family members of children with special education needs. In July 2010 Roy will report back to Cabinet and the recommendations will be implemented by the start of the 2011 school year.
The Committee has also been hearing petitions from submitters seeking to overturn the reduction in Adult Community Education funding, and from Sue Kedgley who seeks to reinstate the Healthy Eating Guidelines in schools.
Finance and Expenditure Committee
The Committee has been hearing submissions on the Electricity Industry Bill which aims to improve competition in the electricity market and improve security of supply. It also heard a Report from the Controller and Auditor-General on the Auditor-General's views on setting financial reporting standards for the public sector submissions.
Government Administration Committee
The Committee has been hearing submissions on the New Zealand Fire Service Commission financial review.
Health Committee
The Committee has been hearing the financial review of Capital and Coasts District Health Board. It has also been hearing submissions on the Human Assisted Reproductive Technology (Storage) Amendment Bill
Justice and Electoral Committee
The Committee has been hearing a petition from Neale McMillan who raised concerns about the widespread use of surveillance cameras in public places and the minimal restrictions on how that footage is used.
Local Government and Environment Committee
The Committee has been hearing a submission from Dr Jan Wright, Parliamentary Commissioner for the Environment, on the investigation Stockton revisited: The mine and the regulatory minefield. She recommended a new investigation be launched by the Government to ascertain the level of environmental impact Stockton Mine is having. The Committee has also been hearing petitions against the inclusion of North Rodney in the Auckland Super City.
Primary Production Committee
The Committee has been hearing submissions on the Animal Welfare Bill. General consensus supported the increase in penalties and the message the Bill sends that animal welfare is important. However, concerns were raised about the workability of a Bill that applies the same test for farm animals as it does for domestic companion animals. Importance was also placed on ensuring cases of cruelty are not frustrated at the point of prosecution.
Social Services Committee
The Committee has been hearing submissions on the Inquiry into the Identification, Rehabilitation, and Care and Protection of Child Offenders. Judge Peter Boshier made a submission recommending that an "oversight and accountability order" be created to ensure accountability of prolific offenders and to ensure attention is given to victims.
Major changes for Canterbury water management
The Environment Canterbury (Temporary Commissioners and Improved Water Management) Bill was been passed under urgency last week. This Bill will have a significant impact on how water is managed in the Canterbury region, which uses over half of the total volume of freshwater abstracted from New Zealand's water sources. It may also be a lightning rod for those concerned that legislation is being used to advance sectional interests in the Canterbury region.
The key changes heralded by the Bill include:
- Replacing the 14 existing Councillors on the Canterbury Regional Council (Environment Canterbury, or ECan) with between 4 and 7 Government-appointed Commissioners. The eventual team will be led by Government go-to-gal Dame Margaret Bazley.
- Endorsing the Canterbury Water Management Strategy developed last year. When making decisions about water the new Commissioners will have to have regard to the vision and principles of the Strategy.
- Allowing the new Commissioners to impose moratoria on applications to take water in the Canterbury region, with no right to appeal or review. Such moratoria could affect applications which have already been lodged, but which are still being determined.
- Empowering the Commissioners (with the Minister for the Environment) to impose water conservation orders in Canterbury, something that regional councils do not currently do. Significantly this will also affect the existing Hurunui water conservation order.
- New regional plans for Canterbury can be developed faster by revoking the ability to appeal plans to the Environment Court.
Forest and Bird and the Fish and Game Council, evidently blind-sided by the empowerment of Commissioners to act on water conservation orders have taken the legislation particularly badly and there are whispers that the reach of the legislation may upset the apple cart that the Canterbury mayors spent so much time and effort constructing. The impact on the Land and Water Forum is yet to be felt.
Foreshore and Seabed review
The Government has released its proposal to replace the Foreshore and Seabed Act 2004 and has called for submissions on specific questions.
National's confidence and supply agreement with the Māori Party requires a review of the Act, which began with a Ministerial Review Panel undertaking an independent review of the Act. It reported on 1 July 2009 with two proposals for change, both premised on the repeal of the Act. Since this Report the Government has been engaged in an extended conversation with iwi representatives and other interested parties to canvas options for an enduring solution.
The key elements of the Government's new proposal are:
- repeal of the 2004 Act;
- foreshore and seabed to be in the "public domain/takiwā iwi whānui" (ie no longer owned by the Crown and unable to be owned by citizens);
- public access affirmed;
- new legislation to be passed;
- extinguished customary title to be restored; and
- legislated tests and awards for the recognition of customary interests.
The Government's proposed regime would mean that no one would own the foreshore and seabed (except where title already exists). This is a new concept for New Zealand property law, and instead of identifying an owner of the public foreshore and seabed, the proposed legislation would specify roles and responsibilities relating to it. The Government has also left the door open for proposals on other specific matters namely:
- structures on the foreshore and seabed;
- reclamation of land, changing the seabed and foreshore; and
- adverse possession and prescriptive title.
Submissions on the consultation document close on 30 April 2010. Between now and then the Minister of Māori Affairs, the Associate Minister of Māori Affairs and the Attorney-General will be attending hui and public meetings around the country consulting with interested parties. Following this consultation round the Attorney-General will report to Cabinet with the final Cabinet decision expected in late May or June 2010. If the decision is made to repeal the current Act and enact new legislation, the public will have another opportunity to provide input into the proposed legislation during the Select Committee process. However National has stated that if no decision on change can be reached, then the status quo will remain.
For a more comprehensive summary, click here.
Productivity Commission announced
New Zealand will soon have a new Productivity Commission, charged with boosting economic performance and improving the quality of regulation. This initiative, jointly announced by Finance Minister Bill English and Regulatory Reform Minister Rodney Hide, is intended to be implemented by April 2011.
The establishment of this Commission has been under consideration since the National-ACT confidence and supply agreement was signed. The 2025 Taskforce report released in November 2009 (also prepared as part of the National-ACT confidence and supply agreement) recommended that the Government establish a Productivity Commission.
For a more information on the Productivity Commission, you can read Russell McVeagh's latest Regulatory Alert, available here.
Lianne Dalziel proposes a Member's Bill to affect contracts retrospectively
On 19 March, Hon Lianne Dalziel, former Labour Minister of Commence and now Chair of the Commerce Select Committee, announced the details of her Member's Bill which proposes to amend the Illegal Contracts Act with retrospective effect. The Bill creates a prohibition on contractual provisions which purport to limit the power of any regulator to award any remedy to distribute the proceeds of any settlement or court order to any individual. Concerns have been raised about the Bill's potential to limit people's freedom to contractually waive various rights of action that they may have against third parties. It would also affect contracts that have already been made on the basis of existing law.
Government responds to the Crown Research Institute Taskforce report
The Crown Research Institute (CRI) Taskforce Report, released on 4 March, recommended extensive changes to the purpose, operation, governance and funding of CRIs, including the creation of a less competitive funding environment for research, science and technology projects. The Government response, jointly released by the Minister of Research, Science and Technology and the Minister of Finance on 29 March, endorses the overall intent of the recommendations, and announces changes which aim to make CRIs "engines of growth" in the New Zealand economy.
In particular, the Government has agreed to provide greater clarity on the role and purpose of each CRI, and to provide higher levels of long-term non-contestable funding. This will be accompanied by improved board accountability and monitoring systems (including the use of independent science panels and independent five-yearly organisational reviews), additional incentives to engage externally and transfer technology, and an increased emphasis on collaboration with universities, industry and public sector partners. However, so as to maintain "competitive tensions in the system", a substantial volume of contestable and commercially sourced funding will be retained.
The Government has expressly declined to implement two of the Taskforce's recommendations. In particular, "further consideration" is required before science policy, funding and monitoring are brought together into a single agency, and this can be addressed through ongoing machinery of government review processes. The Government has also declined to abandon return on equity as a performance measure, and instead shareholding Ministers will determine (in discussion with each CRI) an appropriate rate of return on equity, taking into account the cost of capital to the Crown.
Work will start immediately on implementing these changes, with the Ministry of Research, Science and Technology assuming primary responsibility. By mid-April, the Ministry will provide stakeholders with further details of the structure and timing of the implementation, with all changes expected to be implemented by July 2011.
Copies of the Government response are available here. There is no opportunity to make submissions.
Government department may pay exemplary damages for personal injury
Couch v Attorney-General [2010] NZSC 27
The appellant in this well-publicised case, Susan Couch, was seriously injured by William Bell during his attack on her and others at the Panmure RSA in 2001 while he was on parole. Susan Couch seeks exemplary damages against the Department of Corrections for negligence in the way it administered Bell's parole conditions. Although an earlier Supreme Court judgment found that a duty of care could exist between the Department and Couch (depending on the facts found at trial), that appeal was adjourned to allow parties to address questions relating to exemplary damages, as this issue had not been raised at the Court of Appeal hearing.
Exemplary damages punish conduct which deserves denunciation, and provides damages in excess of any compensation for harm caused. Under the (newly re-named) Accident Compensation Act 2001, the ACC provides compensation for the harm caused from personal injury and prevents claims for compensatory damages. However, this Supreme Court judgment confirms that exemplary damages arising out of personal injury are not barred.
Crucially, the majority of the Supreme Court in this case concluded that exemplary damages are only available in cases of negligence where "subjective recklessness" is found - that is, where the defendant consciously appreciated the risk in question, and proceeded deliberately and outrageously to run that risk and thereby caused harm to the plaintiff. This overturns the "objective recklessness" test set out by the Privy Council in Bottrill v A [2001] 3 NZLR 622, under which "outrageous negligence" was sufficient to ground an action for exemplary damages. In her dissent in this case, Chief Justice Elias supported the Privy Council view, arguing that the higher threshold adopted by the majority "saps the vitality of the exemplary principle" and "turns on the creation of a subcategory of the tort of negligence on no sound basis."
It is important to note that this decision does not grant exemplary damages to Susan Couch, but rather reinstates proceedings in the High Court where she must argue that the high threshold for obtaining exemplary damages is met. Accordingly, there appears to be little chance of a "floodgates" effect as a result of the decision. Nevertheless, Couch intends to vigorously pursue exemplary damages at the substantive hearing, which is expected to begin in the High Court in the next 18 months to three years.
Who |
What |
By when… (2010) |
Code Committee for Financial Advisers |
Draft Code of Conduct for Authorised Financial Advisers, under the Financial Advisers Act 2008 |
7 May |
Ministry of Economic Development |
Review of Schedule 4 of the Crown Minerals Act 1991 |
4 May |
Electricity Commission |
Wind forecasting and market integration: options |
26 April |
Amendments to the advanced metering infrastructure guidelines |
30 April |
Ministry for the Environment |
Draft Fishing Allocation Plan, for emissions trading units |
26 April |
Environment Risk Management Authority |
Proposals to amend Schedules 1AA and 2A of the HSNO Act. |
21 April |
Ministry of Health |
Draft Revised Specification for the CTA Nursing Entry to Practice and Nursing Entry to Practice Expansion Review |
30 April |
Proposal to ban tobacco retail displays |
21 May |
Inland Revenue Department |
The meaning of "anything occurring on liquidation" when a company requests removal from the register of companies |
30 April |
Securities Commission |
Review of NZX Listing Rules |
16 April |
Standards New Zealand |
Tumble dryers |
23 April |
Dangerous Goods - Initial Emergency Response Guide |
5 May |
Plastics piping systems for soil and waste discharge |
18 May |
Electrical installations - Patient areas |
19 May |
Who |
What |
By when… (2010) |
Biosecurity New Zealand |
Draft Containment Standard for New Organisms held in Zoos |
9 April |
Draft Code of Welfare for Pigs |
16 April |
Draft Import Health Standard for turkey meat preparations from the European Union |
21 April |
Department of Building and Housing |
Options for reform of the Building Act 2004 |
23 April |
Department of Conservation |
Kauri National Park proposal |
tbc |
Draft Guidelines for Aircraft Access for Canterbury Conservancy |
Ongoing |
Ministry for the Environment |
Proposed National Environmental Standard for assessing and managing contaminants in soil |
19 April |
Environment Risk Management Authority |
Updating the Hazardous Substances (Tank Wagons and Transportable Containers) Regulations 2004 |
20 April |
Ministry of Fisheries |
Setting of management controls to support the introduction of Attached Bladder Kelp, Macrocystis pyrifera (KBB 3G and KBB 4G) into the Quota Management System on 1 October 2010 |
15 April |
Regulatory measures to support the introduction of Patagonian toothfish into the Quota Management System on 1 October 2010 |
16 April |
Ministry of Health |
Development of a Natural Health Products Bill |
17 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 |
Department of Labour |
Revision of the working in a confined space guideline |
9 April |
Revocation of the safe use and erection of scaffolding approved code of practice |
9 April |
Revocation of the Power-Operated elevated work platforms Approved Code of Practice |
9 April |
Revocation of the Demolition Approved Code of Practice |
9 April |
Revision of the Approved Code of Practice for Boilers |
9 April |
New Industrial Rope Access Best Practice Guidelines |
9 April |
Revision of the Precast Concrete Approved Code of Practice |
9 April |
Revision of the Excavations and Shafts Approved Code of Practice |
9 April |
Revision of the Passenger Ropeways Approved Code of Practice |
9 April |
Revision of the Pressure Equipment (excluding Boilers) Approved Code of Practice |
9 April |
Revision of the Trees Code |
9 April |
Revision of the Forestry Operations Approved Code of Practice |
9 April |
Law Commission |
Controlling and regulating drugs Issues Paper |
30 April |
Privacy Act 1993 Issues Paper |
30 April |
Standards New Zealand |
Timber framed buildings |
7 April |
Timber Preservation |
13 May |
Timber - Stress-graded for structural purposes |
14 May |
Water safety signs and beach safety flags |
17 May |
New Zealand Transport Agency |
Review of the SuperGold Card |
26 April |
