In this edition:
Grand Coalition on ETS?
If a week is a long time in politics, what can be said about the nine month timeframe granted to the Emissions Trading Scheme Review Committee? more...
9 September 2009
If a week is a long time in politics, what can be said about the nine month timeframe granted to the Emissions Trading Scheme Review Committee?
On 31 August 2009, the Select Committee chaired by the Hon Peter Dunne released its report on New Zealand's Emissions Trading Scheme. Charged by Climate Change Minister Nick Smith with the task of designing a scheme with cross-party support, the report failed to reach any key conclusions on the design of the scheme.
That is not to say conclusions were not reached. The Committee agreed that Climate Change is occurring; that New Zealand should use an emissions trading scheme to deal with this issue domestically and that all sectors should be included in the scheme. But, Committee members divided along party lines on key questions such as when the agriculture sector should come under the scheme, the basis on which participants should receive a free credit allocation, whether a short term price cap should be employed and whether international trading of credits should be permitted.
So it is that the National-led Government returns to the table, still needing to reach a deal on the key design elements of a domestic scheme. And all the while the clock is ticking on the UN Framework Convention on Climate Change meeting scheduled for December of this year in Copenhagen.
Perversely, the failure of the Committee to reach any material conclusions on the design of the scheme has actually left Parliament closer to achieving a cross-party emissions trading scheme than not. With both the ACT and Māori Parties opposing the introduction of a scheme, National has turned to Labour. Talks are scheduled for early next week. Both parties have agreed to enter discussion in good faith and for once the much vaunted Grand Coalition looks like it might get some legs. But that outcome will always be dependent on an assessment of political advantage. As ever, a week remains a long time in politics.
This week the House begins a three week sitting period after a break last week. Having now passed all of the Budget legislation, we can expect the Government to make progress with its legislative programme in the coming weeks.
Urgency Motion Agreed
On Tuesday Parliament accorded urgency to the introduction and passing of the Crown Retail Deposit Guarantee Scheme Bill, the second reading and remaining stages of the Resource Management (Simplifying and Streamlining) Amendment Bill, the introduction and first reading of the Biosecurity Amendment Bill, and the second reading of the Student Loan Scheme (Repayment Bonus) Amendment Bill.
Crimes (Reasonable Parental Control and Correction) Amendment Bill
Type of Bill: Member's Bill
Member in charge: John Boscawen
Coincidentally and fortunately for ACT's John Boscawen, this Bill was drawn from the ballot of Private Member's Bills shortly after the official result of the smacking referendum was announced. This Bill may not be debated on until Wednesday 23 September, but it means that the House will be forced to consider the smacking and section 59 issues again, despite the Government's view that the law is working.
Ngāti Apa (North Island) Claims Settlement Bill
Type of Bill: Government Bill
Member in charge: Hon Christopher Finlayson
This Bill gives effect to the Treaty settlement with Ngāti Apa in the Rangitikei region, which was negotiated by the previous Government.
Whanganui Iwi (Wanganui (Kaitoke) Prison and Northern Part of Wanganui Forest) On-account Settlement Bill
Type of Bill: Government Bill
Member in charge: Hon Christopher Finlayson
This Bill gives effect to the deed of on-account settlement, in which the Crown and the Whanganui Iwi agree to transfer assets (including the Wanganui (Kaitoke) Prison and the northern part of the Wanganui Forest) on account of the settlement of Whanganui Iwi historical claims. This Bill is related to the Ngāti Apa (North Island) Claims Settlement Bill.
Education (Polytechnics) Amendment Bill
Infrastructure Bill
Student Loan Scheme (Exemptions and Miscellaneous Provisions) Amendment Bill
Open for submissions
Bill |
Select Committee |
Submissions close (2009) |
Report due (2009) |
Antarctica (Environmental Protection: Liability Annex) Amendment Bill |
Foreign Affairs, Defence and Trade |
15 October |
20 February 2010 |
Cluster Munitions (Prohibition) Bill |
Foreign Affairs, Defence and Trade |
10 September |
28 January 2010 |
Education (Polytechnics) Amendment Bill |
Education and Science |
30 September |
13 November |
Infrastructure Bill |
Transport and Industrial Relations |
18 September |
13 November |
Inquiries Bill |
Government Administration |
18 September |
28 January 2010 |
Search and Surveillance Bill |
Justice and Electoral |
18 September |
4 February 2010 |
Student Loan Scheme (Exemptions and Miscellaneous Provisions) Amendment Bill |
Education and Science |
2 October |
30 November |
Sustainable Biofuel Bill |
Local Government and Environment |
11 September |
29 January 2010 |
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) |
Anti-Money Laundering and Countering Financing of Terrorism Bill |
Foreign Affairs, Defence and Trade |
15 September |
Arms Amendment Bill (No 3) |
Law and Order |
26 February 2010 |
Children, Young Persons, and Their Families (Youth Courts Jurisdiction and Orders) Amendment Bill |
Social Services |
27 November |
Corrections (Contract Management of Prisons) Amendment Bill |
Law and Order |
26 September |
Crimes (Provocation Repeal) Amendment Bill |
Justice and Electoral |
19 October |
Franklin District Council (Contribution to Funding of Museums) Amendment Bill |
Local Government and Environment |
30 April 2010 |
Land Transport (Enforcement Powers) Amendment Bill |
Transport and Industrial Relations |
10 September |
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 |
Patents Bill |
Commerce |
5 November |
Privacy (Cross-border Information) Amendment Bill |
Justice and Electoral |
1 October |
Private Security Personnel and Private Investigators Bill |
Justice and Electoral |
30 March 2010 |
Public Works (Offer Back of and Compensation for Acquired Land) Amendment Bill |
Local Government and Environment |
17 December |
Radio New Zealand Amendment Bill |
Commerce |
24 December |
Regulatory Improvement Bill |
Commerce |
12 November |
Reserves and Other Lands Disposal Bill |
Primary Production |
21 September |
Residential Tenancies Amendment Bill |
Social Services |
5 October |
Sale and Supply of Liquor and Liquor Enforcement Bill |
Justice and Electoral |
1 November |
Sale of Liquor (Objections to Applications) Amendment Bill |
Social Services |
30 June 2010 |
Sentencing and Parole Reform Bill |
Law and Order |
30 September |
Social Assistance (Payment of New Zealand Superannuation and Veterans Pension Overseas) Amendment Bill |
Social Services |
30 September |
Taxation (Consequential Rate Alignment and Remedial Matters) Bill |
Finance and Expenditure |
16 November |
Trade Marks (International Treaties and Enforcement) Amendment Bill |
Foreign Affairs, Defence and Trade |
7 October |
Vehicle Confiscation and Seizure Bill |
Transport and Industrial Relations |
10 September |
Waikato-Tainui Raupatu Claims (Waikato River) Settlement Bill |
Māori Affairs |
31 December |
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) (Report of the Primary Production Committee)
Children, Young Persons, and Their Families Amendment Bill (No 6)
Criminal Investigations (Bodily Samples) Amendment Bill
Dog Control Amendment Bill (No 2)
Domestic Violence (Enhancing Safety) Bill
Education Amendment Bill (Report of the Education and Science Committee)
Electricity (Continuance of Supply) Amendment Bill
Gangs and Organised Crime Bill
Judicial Matters Bill
Legal Services Amendment Bill (Report of the Justice and Electoral Committee)
Local Government (Auckland Council) Bill (Report of the Auckland Governance Legislation Committee)
Māori Commercial Aquaculture Claims Settlement (Regional Agreements) Amendment Bill (Report of the Māori Affairs Committee)
Māori Trustee and Māori Development Amendment Bill
Oaths Modernisation Bill
Palmerston North Showgrounds Act Repeal Bill
Public Health Bill
Rail Network Bill
Regulatory Responsibility Bill
Resource Management (Simplifying and Streamlining) Amendment Bill
Sentencing (Offender Levy) Amendment Bill
Serious Fraud Office (Abolition and Transitional Provisions) Bill
Settlement Systems, Futures, and Emissions Units Bill
Student Loan Scheme (Repayment Bonus) Amendment Bill
Therapeutic Products and Medicines Bill
Trade (Safeguard Measures) Bill
Trustee Amendment Bill
Unit Titles Bill (Report of the Social Services Committee)
Waka Umanga (Māori Corporations) Bill
Whakarewarewa and Roto-a-Tamaheke Vesting Bill
SOP 34 and SOP 35 - Taxation (International Taxation, Life Insurance, and Remedial Matters) Bill
Cultural Property (Protection in Armed Conflict) Bill
Gambling Amendment Bill (No 2)
Immigration Bill
Insolvency Amendment Bill
Taxation (International Taxation, Life Insurance, and Remedial Matters) Bill
Appropriation (2009/10 Estimates) Act 2009
Eden Park Trust Amendment Act 2009
Imprest Supply (Second for 2009/10) Act 2009
Companies (Maximum Priority Amount) Order 2009
Customs and Excise Amendment Act (No 3) 2008 Commencement Order 2009
District Courts Rules 2009
Education (2010 School Staffing) Order 2009
Education (Early Childhood Services) Amendment Regulations (No 2) 2009
Education (Extension of Application Period) Order 2009
Education (Playgroups) Amendment Regulations 2009
Fisheries (Akaroa Harbour Taiapure) Amendment Order 2009
Fisheries (Amateur Fishing) Amendment Regulations (No 2) 2009
Fisheries (Central Area Amateur Fishing) Amendment Regulations 2009
Fisheries (Central Area Commercial Fishing) Amendment Regulations (No 2) 2009
Fisheries (Challenger Area Amateur Fishing) Amendment Regulations (No 2) 2009
Fisheries (Commercial Fishing) Amendment Regulations (No 2) 2009
Fisheries (Cost Recovery Levies for Conservation Services) Order 2009
Fisheries (Cost Recovery Levies for Fisheries Services) Order 2009
Fisheries (Infringement Offences) Amendment Regulations (No 3) 2009
Fisheries (Reporting) Amendment Regulations (No 2) 2009
Fisheries (Schedule 5) Order 2009
Fisheries (South-East Area Amateur Fishing) Amendment Regulations (No 2) 2009
Fisheries (South-East Area Commercial Fishing) Amendment Regulations (No 2) 2009
Fisheries (Southland and Sub-Antarctic Areas Amateur Fishing) Amendment Regulations (No 3)
Health Practitioners (Quality Assurance Activity—Royal Australian and New Zealand College of Psychiatrists' Peer Review Groups) Notice 2009
Insolvency (Maximum Priority Amount) Order 2009
Land Transport (Road User) Amendment Rule 2009
Land Transport Management (Apportionment and Refund of Excise Duty and Excise-Equivalent Duty) Amendment Regulations 2009
Local Government Elected Members (2009/10) (Auckland) Determination 2009
Misuse of Drugs (Classification of Ketamine) Order 2009
Misuse of Drugs (Presumption of Supply—Ketamine) Order 2009
Queenstown Airport Bylaws Approval Order 2009
Road User Charges Amendment Regulations 2009
Securities Act (Crown Wholesale Debt Securities) Exemption Amendment Notice 2009
Securities Markets (Investment Advisers and Brokers) Amendment Regulations 2009
Securities Regulations 2009
Takeovers Code (Fulton Hogan Limited) Exemption Notice (No 2) Amendment Notice 2009
Takeovers Code (Rangatira Limited) Exemption Notice 2009
The Government will pass amendments to the Retail Deposit Guarantee Scheme under urgency. It will also pass the Resource Management (Simplifying and Streamlining) Amendment Bill under urgency.
Wednesday will be a members' day, with debates on Dr Kennedy Graham's International Non-Aggression and Lawful Use of Force Bill and Climate Change (Government Vehicle Procurement) Bill, and Sir Roger Douglas' Education (Freedom of Association) Amendment Bill.
It has been another quiet fortnight for Select Committees with few public hearings.
Commerce Committee
The Committee has continued to hear submissions on the Patents Bill. This week it will hear submissions on the Regulatory Improvement Bill.
Finance and Expenditure Committee
The Committee has been hearing submissions on the Taxation (Consequential Rate Alignment and Remedial Matters) Bill. It also met a visiting delegation of the Finnish Parliament's Audit Committee. This week it will hear evidence on the Reserve Bank of New Zealand's monetary policy statement.
Foreign Affairs, Defence and Trade Committee
The Committee has been hearing submissions on the Anti-Money Laundering and Countering Financing of Terrorism Bill. It also met with the Joint Standing Committee on the National Capital and External Territories from the Australian Commonwealth Parliament.
Law and Order Committee
This week the Committee will hold a hearing on the Report from the Controller and Auditor-General on Department of Corrections: Managing offenders on parole.
Local Government and Environment Committee
This week the Committee will begin hearing submissions on the Public Works (Offer Back of and Compensation for Acquired Land) Amendment Bill.
The National Infrastructure Unit of the Treasury has released a precursor document to National Infrastructure Plan (which is expected in early 2010). The document, entitled Infrastructure: Facts and Issues - Towards the First National Infrastructure Plan, catalogues existing infrastructure, describes current policy settings and contains information about planned investment (in the areas of transport, electricity, gas, water infrastructure, telecommunications, education, health and corrections). The document will be used to engage with stakeholders who can assist the Unit towards developing the first National Infrastructure Plan.
The paper calls for submissions on, amongst other things:
- whether the catalogue of existing infrastructure is accurate;
- whether all important infrastructure issues are mentioned;
- whether there are important regulatory constraints on the development of infrastructure that are not being addressed by the Government; and
- what investment will help New Zealand increase its rate of economic growth.
The document can be found here. Submissions are due by 5 October.
The Auckland Governance Legislation Committee has reported back the Local Government (Auckland Council) Bill, which will now be debated in the House this week. A majority of the Committee (National and ACT) have recommended the following features:
- Only the Mayor will be elected at large, with the 20 councillors to be elected from wards and there being no dedicated Māori seats. First-past-the-post will be used in the initial 2010 elections.
- The Office of the Mayor has been given a secured budget of at least 0.2% of the Council’s total budgeted operating expenditure. This will allow the Mayor approximately $2–3 million to employ independent advisers and contracted specialist advice.
- The local boards are strengthened and are said to sit alongside the governing body of the Council, with each having distinct roles rather than operating in a hierarchical relationship.
- The Rodney District Council with be divided, with the northern part joining Kaipara District Council. The Franklin District Council with also be divided, with the southern part joining Waikato District Council.
The Māori Party's minority report expresses clearly its disappointment in the choice not to provide dedicated Māori seats. It concludes "The report of the Committee is unjust, improper, and politically motivated. The Bill signals an enduring and profoundly disturbing fear of sharing decision-making with Māori as provided for in the Treaty of Waitangi.
The Canterbury Mayoral Forum has released a consultation draft of the Canterbury Water Management Strategy, which makes it clear that there must be a paradigm shift in the way water is allocated and managed. The draft strategy proposes an integrated approach to water management focussed around delivering quantified outcomes by specified dates. These targets will be developed as a matter of priority. Unusually, this draft strategy is the result of consultation between the Minister of Agriculture, Minister for the Environment, local authorities in Canterbury, Ngāi Tahu and other key stakeholders.
The draft strategy proposes dividing Canterbury into 10 water management zones, each managed by a separate zone water management committee. A regional water management committee would manage issues across the region, and a national tripartite forum (comprised of representatives from Central Government, Ngāi Tahu, and local authorities in Canterbury) would sit above that. A semi-autonomous executive arm of Environment Canterbury would be established to manage the day-to-day implementation of water programmes.
The draft strategy also identifies the need for new storage and distribution infrastructure, which it suggests could be developed by a council-controlled organisation that is a joint venture with the private sector.
Submissions are due by 2 October and submitters are encouraged to enrage with the Forum's Steering Group in this time. A final strategy will then be published later in October.
The Crown Company Monitoring and Advisory Unit (CCMAU) that monitors state-owned enterprises and advises on board appointments is set to be absorbed into the Treasury.
Under the current structure CCMAU and the Treasury have closely related but complementary roles: Treasury’s approach is targeted at the Crown’s overall balance sheet and fiscal position, whereas CCMAU primarily manages issues and focuses on performance and commercial environment and risk at a company level. Now there will be single unit within the Treasury.
The change follows recent open criticism from senior economic Ministers about many SOEs' return on capital, and a growing sense among Government Ministers and key advisers that CCMAU has done too little to improve the situation. CCMAU had been the subject of critical Cabinet papers under the previous administration which highlighted "capacity problems".
The move is part of a wider announcement of a shakeup of the Treasury's leadership structure, which will result in nine positions being axed and eight new positions being created. There will also be changes in the way Treasury work groups are organised. The changes follow a review of the leadership structure in the organisation which began earlier this year, which included a requirement for the Treasury to show more active leadership across the wider state sector.
The Department of Building and Housing is reviewing the Building Act, aided by a reference group of representatives from the building and construction sector and consumers. The review will first look at where immediate improvements can be made, and reforms that do not require any law change will be implemented immediately. Public consultation on any proposed law changes will occur in early 2010. Changes have also been made to the licensed building practitioner scheme and separate consultation on that scheme is running until 25 September. The Government aims to have 20,000 designers and trades people licensed under the scheme.
The New Zealand Transport Agency (the agency that has replaced Transit and Land Transport New Zealand) has released the first National Land Transport Programme. The Programme outlines planned spending from the national land transport fund over the next three years, which will total around $8.4 billion. $4.5 billion will be spent on state highways (a 19% increase) and $899 million will be spent on public transport (a 21% increase). The Programme also outlines seven "roads of national significance" as key priorities identified by the Government. The Programme has been prepared with the input of 16 regional transport committees and the Auckland Regional Transport Authority.
The Government has also announced how transport will be managed under the new Auckland governance arrangements. The existing Auckland Regional Transport Authority will be replaced by the Auckland Transport Agency, which will operate under the Auckland Council. This will be provided for in the third Auckland governance Bill expected in mid-November.
Bill English has extended the Retail Deposit Guarantee Scheme to 31 December 2011 for institutions with a credit rating of BB or higher. It was due to end on 12 October 2010. After that date, changes to the Scheme which have been announced will come into effect. The Government will pass the necessary legislation under urgency this week. The wholesale funding guarantee scheme with the major banks is not affected by any of these announcements.
A Steering Group has been established to assist with the transition from analogue to digital television transmission. This follows the release the of the digital futures discussion document by the Ministry of Economic Development and the Ministry for Culture and Heritage. It seeks comment on new uses for radio spectrum following the switch-over sometime in 2013-2015.
Who |
What |
By when… (2009) |
Biosecurity New Zealand |
Review of submissions and supplementary draft risk analysis - freshwater / marine ornamental fish, marine molluscs and crustaceans |
14 September |
Draft import risk analysis: Psittacine hatching eggs |
24 September |
|
Draft import risk analysis: Pig semen from Australia, the USA, Canada, the European Union, and Norway |
7 October |
|
Draft import risk analysis: Tasmanian Devils (Sarcophilus harrisii / Sarcophilus laniarius) from Australia |
7 October |
|
Department of Building and Housing |
Licensed Building Practitioner Scheme |
25 September |
Canterbury Mayoral Forum - Steering Group |
Canterbury Water Management Strategy |
2 October |
Commerce Commission |
Draft revised leniency policy on cartels |
30 September |
Ministry of Economic Development |
Proposed variation to Telecom's Operational Separation Undertakings |
18 September |
Electricity Commission |
Interim Pricing Period |
5 October |
Ministry of Fisheries |
Introduction of Bladder Kelp Seaweed in Fisheries Management Areas 3 and 4 into the Quota Management System on 1 October 2010 |
21 September |
Ministry of Foreign Affairs and Trade |
services and government procurement in the context of the Thailand - New Zealand Closer Economic Partnership Agreement |
30 September |
Inland Revenue Department |
Non-resident contractor schedular payments |
2 October |
Employee car parks - fringe benefit tax exemption |
2 October |
|
Ministry of Justice |
Improving the Legal Aid System |
9 October |
Department of Labour |
Wood dust and formaldehyde workplace exposure standards |
18 September |
National Infrastructure Unit (Treasury) |
Infrastructure: Facts and Issues - Towards the First National Infrastructure Plan |
5 October |
Standards New Zealand |
Corporate governance of projects involving information technology investments |
23 September |
Risk management - Principles and guidelines |
5 October |
|
Cots for household use - Safety requirements |
2 November |
|
Air source heat pump water heaters |
3 November |
|
Tertiary Education Commission |
Subsidy rates and regulations for ITOs, ITPs and PTEs |
30 September |
Who |
What |
By when… (2009) |
Ministry of Agriculture and Forestry |
Review of the 2002 SILNA forests policy and implementation package |
25 September |
Commerce Commission |
Guide to regulatory decision making for the telecommunications sector (Telecommunications Act 2001) |
18 September |
Department of Conservation |
St James Conservation Area future management |
14 September |
Te Araroa Trail along Oriwa Ridge Proposal |
18 September |
|
Conservation status of lichen species and terrestrial and freshwater invertebrate species |
30 September |
|
Draft Guidelines for Aircraft Access for Canterbury Conservancy |
Ongoing |
|
Canterbury Conservation Management Strategy review |
Ongoing |
|
Ministry of Economic Development |
Improving Electricity Market Performance |
16 September |
Ministry of Economic Development (and Ministry of Culture and |
Digital Futures: Planning for Digital Television and New Uses |
30 September |
Electricity Commission |
Payment in Same Day Cleared Funds |
11 September |
Ministry of Fisheries |
North Island West Coast Finfish plan |
16 October |
Māori commercial aquaculture settlement |
Not yet set |
|
New Zealand Food Safety Authority |
Data Protection for Agricultural Compounds |
12 September |
Codex Strategy |
18 September |
|
Maximum Residue Limits of Agricultural Compounds: Food Standards 2009 |
28 September |
|
Meat at Stalls Draft Food Safety Programme |
28 September |
|
Inland Revenue Department |
Meaning of "building" in the depreciation provisions |
11 September |
Meaning of "cost price of motor vehicles" for fringe benefit tax purposes |
25 September |
|
Extension of time applications from taxpayers without tax agents |
25 September |
|
Law Commission |
TalkPrivacy |
11 September |
"Alcohol In Our Lives" Issues Paper |
30 October |
|
Standards New Zealand |
Polyethylene compounds for pressure pipes and fittings |
11 September |
Safety of toys |
15 September |
|
Business continuity management |
21 September |
|
Interior lighting: safe movement |
1 October |
|
Pharmacy Services Standard |
7 October |
|
Takeovers Panel |
Rule 16(b) Class Exemption |
2 October |
Ministry of Transport |
Safer Journeys – a road safety strategy to 2020 |
2 October |
New Zealand Transport Agency |
Tolling the Tauranga Eastern Link |
11 September |
This publication is included in Russell McVeagh's website : www.russellmcveagh.com
This publication is intended only to provide a summary of the subject covered. It does not purport to be comprehensive or to provide legal advice. No person should act in reliance on any statement contained in this publication without first obtaining specific professional advice. If you require any advice or further information on the subject matter of this newsletter, please contact the partner/solicitor in the firm who normally advises you, or alternatively contact:
TIM CLARKE - Partner DOUG BAILEY - Consultant |
RUSSELL MCVEAGH VODAFONE ON THE QUAY
157 LAMBTON QUAY |