It's as sophisticated a campaign as 'big business' has ever been accused of running. Reflecting an appreciation that in politics there is nothing quite as powerful as a bumper sticker, the public health lobby has run a long term campaign to influence public perceptions and feed the ultimately oppressive presumption that when it comes to people's health choices "there ought to be a law".
In pursuit of this, not a week goes by that some 'expert' or other declaims about the ills of what we eat, drink, inhale, or touch. Yesterday's worthies are paraded before us calling for the political courage to "do what's right", while experts are flown in to present at Select Committees, and action groups travel the country to instruct people on how to make submissions and engage with the political process.
The appearance of tobacco industry whistleblower Jeffrey Wigand before the Māori Affairs Select Committee hearing is a recent example. To the scientifically minded, better technicians can be found in almost any lab or common room in New Zealand. But none of the home-grown possibilities had the virtue of being lionised by Hollywood. Like the transplant patient who appeared before the Committee with his heart not only on his sleeve, but on the table in front of him, Wigand gave much better press.
None of this is accidental. The expert commentary, the injunctions from household names, the letters to the editor, and the sententious expressions of concern from health groups are all the collateral of a carefully contrived bid for influence and an activism that in form and motivation is entirely political.
The many inter-related health lobby groups would contest that. It's all about a healthier New Zealand, they would say. But having dismissed individual responsibility and public education as virtues, compulsion and behavioural disincentive are all that's left to them. The problem with these perceived silver bullets though is that you need a legislative mandate to implement them. To get that, you need the politicians on side. And because principle is trumped by the pragmatics of courting voters, campaigns that leave politicians with little option but to be seen to be doing something are, by their very nature, political.
Of course, in a democracy there's nothing wrong in lobby groups of whatever description courting voters' hearts and minds. Not at least until you take a look at who is paying for it all. And in this area, directly or indirectly, it is the taxpayer.
Over recent years, several millions of dollars have been channelled into the fighting funds of the public health lobby from one particularly notable source - the Ministry of Health.
The funding of public information on health issues is, of course, entirely legitimate and consistent with at least one of the roles of the Ministry in promoting public health. But the line between promoting public health and attempting to mandate it is a fine one that becomes objectionable at the point where a department of state, whether directly or indirectly, seeks to manipulate the political process instead of responding to it. The tail must never be allowed to wag the dog.
This problem is not new. It was last confronted in 2003 when the Ministry of Health's contracts with non-government organisations to raise community awareness and undertake public health advocacy were questioned by MPs.
The investigation and report that followed found much about the Ministry's approach that was unacceptable, most particularly its breaching the obligation on public servants to maintain political neutrality. Dutifully, the Ministry suspended the relevant lobbying clauses in its contracts with many high profile groups - ASH, Alcohol Healthwatch, and the Smokefree Coalition among them. No doubt with mixed feelings, the word "advocacy" was removed from the Ministry's contractual lexicon.
But for all that the investigators instructed the Ministry to ensure that the services it funds do not include advocacy or lobbying, the lobbying continues. Those familiar with the real costs involved will wonder how lobbying workshops, the visit of high profile international commentators and the sophisticated coordination and support required to bring it all together are funded, if not by the Ministry. The websites of the various public health groups throw little light on that.
No doubt the Ministry is following the letter of the investigators' recommendations. But with any contract there will always be questions about the adequacy of specification and the extent to which the funding that continues to go to public health lobby groups is applied to its intended purposes.
For as long as the Ministry retains a formal mandate to "promote public health" those questions will persist. Perhaps then it would be better to remove that mandate. The function doesn't sit comfortably within a neutral public service, and the concern and suspicion it fosters are corrosive at best. Also, if the public health lobby groups have been able to carry out their advocacy without the direct or indirect support of the Ministry, then we can be confident that the public benefit of health promotion will not be lost and the Ministry's role will not be missed.
Sending erring MP and former Cabinet Minister, Chris Carter, on gardening leave after his display of petulance over his ministerial expenses was a necessary exercise of authority by Labour Leader Phil Goff.
But any strength he may have shown by the act was eroded by his failure to respond to the provocations inherent in Carter's later public announcement that he had taken counsel with Helen Clark and would remain an MP. This would have been the time to announce that come hell or high water another contender would be paraded before Labour voters in Carter's home electorate of Te Atatu.
Such a public break with the Clark legacy may be unpalatable, but it is now long overdue. The tendency of some in Labour to look to New York instead of Mt Roskill is a boil that Goff must lance if he is to stamp his authority on Labour's still floundering Parliamentary wing. His failure to do so does not bode well for his leadership or an early rebuilding of Labour's tarnished fortunes.
Arts Council of New Zealand Toi Aotearoa Bill
Type of Bill: Government
Member in charge: Hon Chris Finlayson
This Bill would replace the current structure of this organisation with a single board, with responsibility for determining strategic direction, priorities, and a policy framework for the whole organisation and for funding allocation decisions.
Education Amendment Bill No 2
Type of Bill: Government
Member in charge: Hon Anne Tolley
This Bill makes amendments to the Education Act 1989 in the following five main areas:
- Provides that students enrolled in school may participate in a recognised full-time programme offering secondary and tertiary education, which may also involve apprenticeship training and work experience.
- Updates the registration criteria for private schools and provides criteria to establish whether a person is a fit and proper person to be a manager of a private school.
- Excludes from the meaning of an early childhood education and care centre those premises that are used to provide care for three or more children under the age of six and where no child attends for more than two hours on any day and a parent/caregiver is in close proximity to the child.
- Proposes that the Minister of Education will set the period during which international students on courses of three months or longer can withdraw from the course and receive a refund of their course fees.
- In relation to the order of priority when selecting applicants from outside a school's home zone, the Bill creates a new fourth priority for children of former students of the school.
Education (Board of Trustee Freedom) Amendment Bill
Type of Bill: Member's
Member in charge: Hon Sir Roger Douglas
This Bill would amend the Education Act 1989 to allow Boards of Trustees to have full control over the employment of teachers at their schools.
Employment Relations (Probationary Period Repeal) Amendment Bill
Type of Bill: Member's
Member in charge: Carmel Sepuloni
This Bill would repeal the changes passed by Parliament in 2008 to the Employment Relations Act, which allow workers to be fired at will in the first 90 days of their employment. The Bill would restore the relevant provisions of the Employment Relations Act 2002 to the pre-2008 application.
Governor-General Bill
Type of Bill: Government
Member in charge: Hon John Key
This Bill would provide updated and simpler financial arrangements for the support of the Governor-General and his/her programme.
Imprest Supply (First for 2010/2011) Bill
Type of Bill: Government
Member in charge: Hon Bill English
This Bill would provide the sole financial authority from the start of the 2010/11 financial year until the Appropriation (2010/11) Estimates Bill is passed.
Legislation Bill
Type of Bill: Government
Member in charge: Hon Christopher Finlayson
This Bill would modernise and improve the law relating to the publication, availability, reprinting, revision, and official versions of legislation, and to bring this law together in a single piece of legislation. This Bill would replace both the Acts and Regulations Publication Act 1989 and the Regulations (Disallowance) Act 1989. This Bill implements the majority of the legislative recommendations made in the Law Commission reports Presentation of New Zealand Statute Law (NZLC R104; October 2008) and Review of the Statutes Drafting and Compilation Act 1920 (NZLC R107; May 2009).
Military Manoeuvres Act Repeal Bill
Type of Bill: Member's
Member in charge: Kanwaljit Singh Bakshi
This Bill would repeal the Military Manoeuvres Act 1915, which provides that the Governor-General may, by proclamation, declare that any land, for the period specified, be available for military manoeuvres. To the best of the New Zealand Defence Force's knowledge, the Act has not been used for the last 30 years.
Rodney District Council Bill
Type of Bill: Local
Member in charge: Darien Fenton
This Bill would remove the Rodney District Council from becoming part of the new Auckland Council, make Rodney District Council a unitary authority (since the Auckland Regional Council will be abolished), and defer elections for the Rodney District Council to 2011. It is being promoted by Labour MP Darien Fenton and is expected to be defeated at its first reading.
Electricity (Renewable Preference) Amendment Bill first reading not agreed to
Local Electoral (Māori Representation) Amendment Bill
Bills To Select Committee
Education Amendment Bill (No 2)
Hamilton City Council (Parana Park) Land Vesting Bill
Rugby World Cup 2011 (Empowering) Bill
Southland District Council (Stewart Island/Rakiura Visitor Levy) Empowering Bill
Tariff (New Zealand-Hong Kong, China Closer Economic Partnership Agreement) Amendment Bill
Open for submissions
Bill |
Select Committee |
Submissions close (2010) |
Report due (2010) |
Courts and Criminal Matters Bill |
Law and Order |
9 July |
19 November |
Education Amendment Bill (No 2) |
Education and Science |
6 August |
1 November |
Hamilton City Council (Parana Park) Land Vesting Bill |
Local Government and Environment |
30 July |
16 December |
Rugby World Cup 2011 (Empowering) Bill |
Government Administration |
16 July |
22 December |
Southland District Council (Stewart Island/Rakiura Visitor Levy) Empowering Bill |
Local Government and Environment |
30 July |
16 December |
Tariff (New Zealand-Hong Kong, China Closer Economic Partnership Agreement) Amendment Bill |
Foreign Affairs, Defence and Trade |
15 July |
29 July |
Television New Zealand Amendment Bill |
Commerce |
17 July |
29 October |
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) |
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 |
Commerce Commission (International Co-operation, and Fees) Bill |
Commerce |
25 November |
Copyright (Infringing File Sharing) Amendment Bill |
Commerce |
22 October |
Education (Freedom of Association) Amendment Bill |
Education and Science |
30 September |
Electoral (Finance Reform and Advance Voting) Amendment Bill |
Electoral Legislation |
6 November |
Electoral (Disqualification of Convicted Prisoners) Amendment Bill |
Law and Order |
21 October |
Electoral Referendum Bill |
Electoral Legislation |
22 October |
Employment Relations (Rest Breaks and Meal Breaks) Amendment Bill |
Transport and Industrial Relations |
29 October |
Employment Relations (Workers' Secret Ballot for Strikes) Amendment Bill |
Transport and Industrial Relations |
21 October |
Fair Trading (Soliciting on Behalf of Charities) Amendment Bill |
Commerce |
9 December |
Franklin District Council (Contribution to Funding of Museums) Amendment Bill |
Local Government and Environment |
29 October |
Limitation Bill |
Justice and Electoral |
5 July |
Local Government Act 2002 Amendment Bill |
Local Government and Environment |
4 November |
Marine Reserves Bill |
Local Government and Environment |
30 December |
New Zealand Public Health and Disability Amendment Bill |
Health |
19 November |
Sale and Supply of Liquor and Liquor Enforcement Bill |
Justice and Electoral |
1 October |
Sale of Liquor (Objections to Applications) Amendment Bill |
Social Services |
30 September |
Search and Surveillance Bill |
Justice and Electoral |
29 October |
Securities Trustees and Statutory Supervisors Bill |
Commerce |
24 September |
Social Assistance (Future Focus) Bill |
Social Services |
30 July |
Sustainable Biofuel Bill |
Local Government and Environment |
29 July |
Trans-Tasman Proceedings Bill |
Justice and Electoral |
29 July |
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)
Children, Young Persons, and Their Families Amendment Bill (No 6)
Dog Control Amendment Bill (No 2)
Electricity Industry Bill
Electricity (Continuance of Supply) Amendment Bill
Human Assisted Reproductive Technology (Storage) Amendment Bill
Inquiries Bill
Insurance (Prudential Supervision) Bill
Māori Trustee and Māori Development Amendment 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
Public Works (Offer Back of and Compensation for Acquired Land) Amendment Bill (Report of the Local Government and Environment Committee)
Radio New Zealand Amendment Bill
Rail Network Bill
Regulatory Responsibility Bill
Reserves and Other Lands Disposal Bill
Statutes Amendment Bill (divided into 47 bills. See also SOPs 125, 126, 127, 143 and 148). (Report of the Government Administration Committee)
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
Bills Awaiting Third Reading
Cultural Property (Protection in Armed Conflict) Bill
Gambling Amendment Bill (No 2)
Infrastructure Bill
Motor Vehicle Sales Amendment Bill
Ngāti Apa (North Island) Claims Settlement Bill
Residential Tenancies Amendment Bill (see also SOPs 110 and 120)
Taxation (Annual Rates, Trans-Tasman Savings Portability, KiwiSaver, and Remedial Matters) Bill (see also SOPs 105, 144)
Animal Welfare Amendment Bill
Courts (Remote Participation) Bill
Financial Advisers Amendment Bill (No 2) (divided from the Financial Service Providers (Pre-Implementation Adjustments) Bill (see also SOP 146))
The 47 Bills divided from the Statutes Amendment Bill
Appropriation (2009/10 Supplementary Estimates) Act 2010
This Act authorises the Crown to incur expenses and capital expenditure during the financial year ending 30 June 2010 by appropriating expenses and capital expenditure for that financial year.
Civil Aviation (Cape Town Convention and Other Matters) Amendment Act 2010
This Act amends the Civil Aviation Act 1990 to enable New Zealand to accede to the Convention on International Interests in Mobile Equipment and to the associated Protocol to the Convention on Interests in Mobile Equipment on Matters Specific to Aircraft Equipment.
Financial Service Providers (Registration and Dispute Resolution) Amendment Act 2010
This Act was divided from Financial Service Providers (Pre-Implementation Adjustments) Bill (which was also substantively amended by SOP 146). It makes a number of amendments to the Financial Service Providers (Registration and Dispute Resolution) Act 2008, including removing the previous exemption for employees of registered financial service providers that was found in section 7(2)(m) of the Act.
Imprest Supply (First for 2010/2011) Act 2010
This Act provides the sole financial authority from the start of the 2010/11 financial year until the Appropriation (2010/11) Estimates Bill is passed.
Policing (Involvement in Local Authority Elections) Amendment Act 2010
This Act amends the Policing Act 2008 to remove the restrictions relating to Police standing as candidates in local authority elections.
Prisoners' and Victims' Claims (Expiry and Application Dates) Amendment Act 2010
The Act continues the application of the Prisoners' and Victims' Claims Act 2005 (2005 Act) to 30 June 2012, rather than allowing it to expire on 30 June 2010 as the law currently provides. The Government intends to introduce new legislation later in the year to provide an ongoing regime for prisoners' compensation, which they hope to have enacted before 30 June 2012.
Tariff (Malaysia Free Trade Agreement) Amendment Act 2010
This Act amends the Tariff Act 1988 to implement the Malaysia-New Zealand Free Trade Agreement.
Animal Products (Fees, Charges, and Levies) Amendment Regulations 2010
Animal Products (Regulated Control Scheme—Limited Processing Fishing Vessels) Amendment Regulations 2010
Building (Dam Safety) Amendment Regulations 2010
Civil Defence Emergency Management Amendment Regulations 2010
Climate Change (Forestry Sector) Amendment Regulations 2010
Corporations (Investigation and Management) Order 2010
Deposit Takers (Credit Ratings, Capital Ratios, and Related Party Exposures) Regulations 2010
Deposit Takers (Goldman Sachs JBWere Capital Markets Limited) Exemption Revocation Notice 2010
Executive Travel, Accommodation, Attendance, and Communications Services Determination (No 2) 2009 Amendment Determination 2010
Financial Reporting Act (Overseas Issuers) Exemption Amendment Notice 2010
Financial Reporting Act (Schneider Electric S.A.) Exemption Notice 2010
Gas (Levy of Industry Participants) Regulations 2010
Immigration Act 2009 Commencement Order 2010
Local Government Elected Members (2010/11) (Auckland Council and Local Boards) Determination 2010
Local Government Elected Members Determination 2010
Marine Safety Charges Amendment Regulations 2010
Public Finance (Transfers Between Outputs) Order 2010
Reserve Bank of New Zealand Amendment Act 2008 Commencement Order 2010
Resource Management (Discount on Administrative Charges) Regulations 2010
Securities Act (BT Funds Management (NZ) Limited) Exemption Notice 2010
Securities Act (Dorchester Property Trust) Exemption Notice 2010
Securities Act (Transition to Securities Regulations 2009) Exemption Notice 2010
Securities Act (Waipamu Station Limited) Exemption Notice 2010
Takeovers Code (Craigs Investment Partners Limited) Exemption Notice 2010
Takeovers Code (Dorchester Pacific Limited) Exemption Notice 2010
Takeovers Code (New Zealand Clearing Limited and New Zealand Depository Limited) Exemption Notice 2010
Taupo District Trout Fishery Licences, Fees, and Forms Notice 2010
Wine Amendment Regulations 2010
This week the House begins a two week recess. In the coming weeks the Land and Water Forum is likely to present its report to Government on a new system to manage and allocate fresh water in New Zealand.
Commerce Committee
The Committee has been hearing from Gerry Brownlee on Vote Energy and Vote Economic Development, from David Smol, Chief Executive of the Ministry of Economic Development, on Vote Tourism, and from Steven Joyce on Vote Communications.
Education and Science Committee
The Committee has been continuing to hear submissions from citizens and student representatives on the Education (Freedom of Association) Amendment Bill. It has also been briefed by Steven Joyce on Vote Education.
Electoral Legislation Committee
The Committee has been hearing submissions on the Electoral Referendum Bill 2010, which would ask voters whether they wished to retain the MMP system or change to a different one, and what alternative system they would choose if there were a change to a different voting system. The Committee has also been hearing the first submissions on the Electoral (Finance Reform and Advance Voting) Amendment Bill. Issues raised by submitters included:
- the difficulties surrounding the Broadcasting Act, which shuts out many parties from radio and television advertising;
- that the proposed regulated period is problematic as in practice it will only result in a regulated period of six to seven weeks;
- that the overall party vote spending limit should be the same across all parties; and
- that the Bill as proposed fails to promote transparency, particularly regarding donations.
Finance and Expenditure Committee
The Committee has been hearing from the Minister of State Services, Tony Ryall, on Vote State Services, and from Minister of Revenue, Peter Dunne, on Vote Revenue.
Foreign Affairs, Defence and Trade Committee
The Committee has been hearing from Judith Collins on Vote Veterans' Affairs, from Wayne Mapp on Vote Defence, and from Murray McCully on Vote Overseas Development Assistance and Ministry for Foreign Affairs and Trade. The Committee has also been hearing a briefing from the Partners Relief and Development Agency and submissions on the Convention on jurisdiction, Applicable Law, Recognition, Enforcement and Co-operation in respect of Parental Responsibility and Measures for the Protection of Children. Over the past week, the Committee has been hearing submissions on the Exchange of Letters between New Zealand and Australia Constituting an Agreement to Amend Article 3 of the Australia New Zealand Closer Economic Relations Trade Agreement.
Government Administration Committee
The Committee has been hearing from the Chief Executive of the Department of Internal Affairs, Brendan Boyle, on Vote Ministerial Services. Speaker Dr Lockwood Smith has also been addressing Vote Office of the Clerk, as has Nathan Guy on Vote Internal Affairs. Over the past week, Chris Finlayson briefed the Committee on Vote Arts, Culture and Heritage.
Health Committee
The Committee has been hearing from Minister of Health, Tony Ryall, on Vote Health, and evidence on the Report of the Auditor General on the Effectiveness of arrangements to check the standard of services provided by rest homes. The Committee has also been hearing submissions on the Auditor Generals Performance Audits from 2008: Follow Up report.
Justice and Electoral Committee
The Committee has been briefed by the Minister for Courts, Georgina te Heuheu on Vote Courts. The Committee also held a meeting with the Vice President of the National Assembly of the Socialist Republic of Vietnam.
Law and Order Committee
The Committee has been hearing evidence on Vote Corrections, Police and Serious Fraud Office. The Committee has also been hearing submissions on the Electoral (Disqualification of Convicted Prisoners) Amendment Bill, which would remove the right to register to vote from prisoners sentenced to less than three years' imprisonment. Concerns were raised by the New Zealand Law Society, which fundamentally opposed the Bill as it was an unjustified violation of rights ensured by the Bill of Rights Act and the UN Convention on Civil and Political Rights, which New Zealand has ratified.
Local Government and Environment Committee
The Committee has been hearing evidence from Kate Wilkinson and Nick Smith on Vote Conservation and vote Environment respectively. The Committee has also been hearing submissions on the Local Government Act 2002 Amendment Bill. Concerns raised included the cost of compliance for councils, and the definition of core services.
Māori Affairs Committee
The Committee has been briefed by Pita Sharples on Vote Māori Affairs and by Chris Finlayson on Vote Treaty Negotiations. Tariana Turia has also been addressing Vote Whanau Ora, and the Committee has been continuing to hear submissions on its Inquiry into the tobacco industry in Aotearoa and the consequences of tobacco use for Māori.
Primary Production Committee
The Committee met for Vote Agriculture and Forestry, Vote Biosecurity and Vote Lands. Phil Heatley has also been addressing Vote Fisheries.
Social Services Committee
The Committee has been hearing evidence on Vote Social Development from Minister for Social Development, Paula Bennett.
Transport and Industrial Relations Committee
The Committee has been hearing evidence from Kate Wilkinson on Vote Labour and has been hearing submissions on the Employment Relations (Rest Breaks and Meal Breaks) Amendment submissions. The Committee has also heard from Steven Joyce on Vote Transport and from Nick Smith on Vote ACC.
In Re A M M and K J O
Wild and Simon France JJ, Wellington High Court, 24 June 2010, CIV 2010-485-328
Following this recent Bill of Rights case, couples no longer have to be married to adopt, but they do have to be of opposite sex.
The case involved an application to adopt a child made by a couple of opposite sex in a de facto relationship. The issue before the court was whether a couple can adopt only if they are a married couple (the existing position), or if a couple of opposite sex in a de facto relationship can also adopt. Resolving this issue turned on how "spouses" in the Adoption Act 1955 could be interpreted in light of the Bill of Rights.
The Attorney-General accepted that interpreting "spouses" to only include married couples would be inconsistent with the right to be free from discrimination in the Bill of Rights and that this infringement on the right could not be justified in a free and democratic society. The Court was then faced with a challenging interpretive exercise of determining how far the Bill of Rights could stretch the meaning of "spouses" so as to remove discrimination.
The Court ultimately concluded that "spouses" in the Adoption Act 1955 can include couples of opposite sex in a de facto relationship, which allows such couples to adopt.
The Court did not consider the issue of whether "spouses" could be interpreted to include couples of the same sex. However, the Court did acknowledge that this decision may "open the door" for couples of the same sex to argue that the Bill of Rights also requires the Adoption Act 1955 to be interpreted to also allow them to adopt as couples.
Securities Act review now underway
The long anticipated Securities Act review is now underway, with the release of a discussion paper on replacing the Securities Act 1978 (along with the Securities Regulations 2009) and the Securities Markets Act 1988. It is likely that a wide range of other legislation will also be amended as a result of this process.
The discussion paper arose in the context of the wide-ranging legislative developments that have been, and are currently, undertaken in relation to capital markets and the financial sector, such as the non-bank deposit takers regime, the financial advisers regime, the Securities Trustees and Statutory Supervisors Bill and upcoming changes to the regulation of KiwiSaver. These developments, along with the creation of the new Financial Markets Authority, will provide a more coordinated and coherent financial markets regulatory regime.
Submissions on the Securities Act review discussion paper are due by 20 August 2010. For more information on the review, see Russell McVeagh's latest Corporate Advisory Alert here. A condensed summary of the proposals (to assist with digesting the 200 page discussion document) can also be found here.
Submissions called on the Regulatory Responsibility Bill
Treasury's Regulatory Quality Team is now taking submissions from the public on the Regulatory Responsibility Bill that was proposed by the Regulatory Responsibility Taskforce in September 2009. The Taskforce was established as a result of the National-ACT confidence and supply agreement. The challenge for Rodney Hide now is to build support for the Bill, either in its current form or another.
The Bill proposes enacting a series of regulatory principles that legislation ought to comply with. Ministers and department chief executives would have to certify whether or not their proposals were consistent with the principles, and the courts could make non-binding declarations that legislation was inconsistent with the principles. If enacted as proposed, the Bill would arguably provide stronger protection for these regulatory principles than the protection of the rights and freedoms contained in the New Zealand Bill of Rights Act 1990.
The public has been invited to make submissions in response to a series of questions outlined in a discussion document, which can be accessed here. Submissions are due by 27 August 2010.
Submitters may be interested in reading the May edition of Policy Quarterly, which contains several papers discussing the Regulatory Responsibility Bill and can be found here.
Cabinet approves Auckland Council's CCO structure
On 5 July 2010 Cabinet endorsed the Auckland Transition Agency's recommendations to have a structure made up of seven council controlled organisations (CCOs), with oversight provided by a committee of the Auckland Council. The seven CCOs are:
- Auckland Transport, a statutory entity;
- Watercare, the existing water entity;
- Auckland Council Investments Ltd;
- Auckland Tourism, Events and Economic Development Ltd;
- Regional Facilities Auckland;
- Auckland Council Property Ltd; and
- Auckland Waterfront Development Agency.
Orders in Council will consolidate the assets and services of existing Auckland councils and CCOs into these new organisations. The new CCOs will be subject to the accountability and transparency requirements in the Local Government (Auckland Council) Act 2009.
Local government performance measures
The discussion paper "Local government: Examples of better practice in setting local authorities' performance measures", released by the Office of the Auditor-General on 15 June 2010, discusses performance measures in local authorities' long-term council community plans (LTCCPs), annual plans and annual reports.
The paper is intended to promote discussion about improvement in Local Government performance measures and reporting, rather than provide a technical guide on performance measures for specific activities. The Auditor-General observes that:
- performance information has improved since the 2006-16 LTCCPs, but its quality could be higher and there is currently a wide range of performance measures and management approaches;
- more relevant and understandable performance information will contribute towards building a relationship of trust and confidence between local authorities and their communities, and will improve effectiveness and efficiency in the public sector; and
- in light of proposed changes to the Local Government Act 2002, the examples used in the paper should be used to stimulate discussion and debate about the core activities and services that may be usefully 'benchmarked' under that Act, and why this might be useful
A copy of the discussion paper is available here.
New MOU on harmonising New Zealand and Australian law
On 23 June the Australian and New Zealand Governments signed a revised Memorandum of Understanding (MOU) on the Coordination of Business Law. The previous MOU contained a commitment to revise it every five years. In light of this, and the growing emphasis placed on the single economic market agenda, the MOU was updated.
The revised MOU follows from the release of 27 short-term and medium-term proposals for the single economic market agenda, released in August last year.
Australia is influencing the current Consumer Law Reform review project, which is discussing introducing protection against unfair contract terms based on those in the Australian Consumer Law and introducing unconscionability provisions based on those in the Australian Trade Practices Act. That review's discussion paper can be found here.
End of the road for the Public Works Amendment Bill
The Local Government and Environment Select Committee has reported back on the Public Works (Offer Back of and Compensation for Acquired Land) Amendment Bill, and recommended that it not be passed.
The Bill was introduced as a Member's Bill by Te Ururoa Flavell. It seeks to ensure that the former owners of Māori or general land that was taken by the Crown under the Public Works Act are given the first right of refusal to purchase that land back in situations where the Crown no longer requires it for the public work for which it was originally taken.
The Committee received 71 submissions which expressed widely differing views on the content of the Bill. The main reasons cited by the Committee for its recommendation that the Bill not be passed were:
- The financial, practical and legal implications of the intended retrospective application of the Bill's provisions. The Committee considered that the workload resulting from the proposed amendments would be unduly burdensome and costly, and may have unintended consequences, such as land offered back having to later be reacquired for essential public works.
- The cost and loss of efficiency in potentially requiring the Crown to offer back land which is not required for the original public work for which it was acquired. This, the Committee stated, could hinder the strategic planning, managing, holding and leasing of land for future works and infrastructure.
The Committee stated that Mr Flavell has admitted that the Bill's amendments to the Public Works Act were flawed, but that he requested a more wholesale review of that Act, particularly to take into account Treaty of Waitangi issues. The Committee indicated that the appropriate forum for the review was Phase 2 of the RMA reforms, which is currently underway, with the various technical advisory groups expected to report back to the Government over the coming months.
The Report of the Local Government and Environment Committee can be found here.
Who |
What |
By when… (2010) |
Biosecurity New Zealand |
Pest management proposed National Plan Of Action 2010-2035 |
9 July |
Draft import health standard on the issuance of import health standard for bovine semen and embryos |
2 August |
Further consultation on the American Foulbrood National Pest Management Strategy |
6 August |
Draft import health standard for zoo lizards and zoo lizard hatching eggs from Australia |
11 August |
Commerce Commission |
Draft decisions on input methodologies: specified airport services |
12 July |
Draft decisions on input methodologies: electricity distribution services |
6 August |
Draft decisions on input methodologies: gas pipeline services |
6 August |
Input methodologies and individual price-quality path for Transpower |
6 August |
Ministry of Economic Development |
Proposal to develop nationwide fibre deployment standards (to facilitate the roll-out of broadband infrastructure) |
9 July |
Proposed variation to Telecom's Operational Separation Undertakings |
23 July |
Electricity Commission |
Normal frequency - generator asset owner performance obligations |
30 July |
Frequency keeping cost allocation |
30 July |
Part D of the Electricity Governance Rules 2003 - Metering |
30 July |
Ministry for the Environment |
Draft regulations for reporting landfill methane emissions under the NZ Emissions Trading Scheme |
23 July |
Ministry of Fisheries |
Request for information and advice on indicators to measure sector outcome performance |
9 July |
Review of sustainability measures, deemed values and other management controls for the 2010/11 fishing year |
26 July |
Review of sustainability measures for all Kahawai stocks |
13 August |
New Zealand Food Safety Authority |
Proposed amendment to the Animal Products (Regulated Control Scheme - Handling of Animal Products and Animal Material at Wharves) Notice 2009 |
9 July |
Poultry Code of Practice |
23 July |
Inland Revenue Department |
GST - legal services provided to non-residents relating to transactions involving land in New Zealand |
23 July |
Department of Labour |
Review of immigration policies for religious workers |
16 July |
Maritime New Zealand |
Prevention of pollution of the sea by oil from ships and offshore installations |
19 July |
Privacy Commissioner |
Proposed amendment to the Credit Reporting Privacy Code 2004 |
13 August |
Reserve Bank of New Zealand |
Corporate governance for registered banks |
27 August |
Securities Commission |
Review of Securities Law - replacing the Securities Act 1978 and the Securities Markets Act 1988 |
20 August |
Standards New Zealand |
Industrial, scientific and medical equipment - radiofrequency disturbance characteristics |
28 July |
Bond performance of structural adhesives for timber |
28 July |
Records management - physical storage |
28 July |
Structural design actions |
3 August |
Underground fire hydrants |
16 August |
Technical management programs for medical devices |
19 August |
Electrical hazards on metallic pipelines |
20 August |
Safe working on or near low-voltage electrical installations and equipment |
23 August |
Takeovers Panel |
Parts 1 to 5 of the Takeovers Code |
30 July |
New Zealand Transport Agency |
Puhoi to Wellsford highway |
26 July |
Treasury |
Regulatory Responsibility Bill |
27 August |
Who |
What |
By when… (2010) |
Biosecurity New Zealand |
Draft import health standard for processed Tilapia and Catfish for human consumption from specified countries |
5 July |
Ministry of Consumer Affairs |
Consumer law reform discussion paper |
30 July |
Ministry of Education |
Deaf education discussion |
12 July |
Department of Conservation |
Kauri National Park proposal |
tbc |
Draft Guidelines for Aircraft Access for Canterbury Conservancy |
Ongoing |
Ministry for the Environment |
Review of national air quality standards (Resource Management (National Environmental Standards Relating to Certain Air Pollutants, Dioxins and other Toxics) Regulations 2004) |
9 July |
Ministry of Fisheries |
Proposed Mātaitai Reserve on the coastline near Ross, on the west coast of the South Island |
9 July |
Draft National Fisheries Plan for Highly Migratory Species |
15 July |
Proposed harvest management measures to support the introduction of KBB3G and KBB4G to the quote management system on 1 October 2010 |
23 July |
New Zealand Food Safety Authority |
Review of the Food (Tutin in Honey) Standard 2008 |
30 July |
Proposals to amend the New Zealand (Maximum Residue Limits of Agricultural Compounds) Food Standards 2010 |
4 August |
Food Standards Australia New Zealand |
Nutrient reference values (NRVs) in the Australia New Zealand Food Standards Code |
30 July |
Inland Revenue Department |
Implementation of flow-through tax treatment for LAQCs and QCs |
5 July |
Making tax easier discussion document |
23 July |
Standards New Zealand |
Approval and test specification - general requirements for electrical equipment |
9 July |
Safety requirements for deep fat fryers, frying pans and similar appliances |
9 July |
Safety requirements for vacuum cleaners and water-suction cleaning appliances |
9 July |
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 |
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 |
Safety requirements for room heaters |
9 July |
Safety requirements for instantaneous water heaters |
9 July |
Safety requirements for pumps |
9 July |
Specification for Portland and blended cements |
19 July |
Stand-alone power systems |
20 July |
Safety of information technology equipment |
23 July |
Radiofrequency fields |
9 August |
