Matter of Opinion
All politics is local
Localism. Devolution. Community. Words underpinning much of the National-ACT-NZ First coalition's agenda. The NZ Initiative, a think tank, even described localism as the "common thread" linking the parties. But from whence do the ideas spring?
Political parties of all stripes added localism to their policy toolkit in the 21st century. Despite different ideology, localism shares some common aims, which we reduce to:
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re-building trust in government institutions and democracy itself – these aims often stem from the perceived alienation and remoteness attributed to globalisation; and
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introducing innovation and citizen choice in the delivery of public services by moving away from one-size-fits-all centralised services to services designed for and delivered through the community.
For example, in the UK both Gordon Brown (New Labour) with "Building Britain's Future" and David Cameron (Conservative) with the "Big Society" championed localism to drive innovation in public services while also hoping to wash away the sour taste of the Global Financial Crisis and its attendant scepticism about globalised finance. These initiatives foundered on the reef of Brexit, although some notable legacies live on in city-level devolution to Birmingham, London, and Manchester.
In Aotearoa New Zealand contemporary localism also aims at better public services and trust in government, while sitting in our unique context. There is the long-running centralising tendency, more pronounced than most societies, that goes back to 1876 when Sir Julius Vogel established a strong unitary state by abolishing provinces. We see the legacy of such centralism today in funding for tiers of government. As reported in February 2024 by S&P, a rating agency, local government rates today amount to roughly the same percentage of GDP as a century ago, whereas Crown revenues expanded threefold over the same period.
There is the unique position of Māori, and recognition that the exercise of a degree of self-determination over government services is both warranted and needed. The devolved model of Whānau Ora commissioning is one such example, described by the PM in November 2023 as an example of local devolution. Indeed, among some tense politics between Māori and the coalition government, devolution to Māori could build a tangible policy bridge that delivers better-designed services and results for Māori citizens.
And localism likely comes as a reaction to new centralised agencies established by the previous Labour government, such as Te Whatu Ora | Health NZ, Te Pūkenga | NZ Institute of Skills and Technology, and water services entities under Three Waters / Affordable Water.
The new-found spirit of localism and devolution finds life in the coalition government's priorities, most notably:
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Local Water Done Well. The council-led water infrastructure reform replacing Three Waters / Affordable Water.
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City and regional deals. Partnering with local governments on city and regional deals to create long-term pipelines to enable economic growth and productivity. (In practical terms, this policy seems especially consequential.)
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Rural regulation. Replacing "one-size-fits-all" rules with local decision making, to increase rural economy.
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Polytechnics. Disestablishing Te Pūkenga | NZ Institute of Skills and Technology. Replacing a single nationwide with regional polytechnics.
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Policing. Further resourcing of community policing, including Māori and Pasifika wardens, Community Patrol New Zealand and Neighbourhood Watch.
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Care of children. Oranga Tamariki expanding of care decisions relevant to community organisations.
Despite localism and devolution arguably being honoured elsewhere in the breach, such as the RMA fast-track consenting legislation which empowers the Infrastructure, Regional Development, and Transport Ministers to stand in place of local authorities, this government is clearly serious about localism and devolving services.
And localism brings a useful by-product too. Localism also represents an opportunity to shrink the core state on a long-term basis and scatter many of its component parts across the land. So the by-product of localism certainly also serves a broader centre-right aim of small government.
We will watch with real interest as localism becomes reality on the ground. You can see in our coalition policy matrix more detail on the Government's process implementing localism, and its first 100 day priorities more broadly.
But the wider world still exists…
Moving from the local to the world scene, this is the "off" year for elections in Aotearoa New Zealand. Last year's Parliamentary general election is behind us and local body elections next occur on 11 October 2025.
Fear not if elections rate as one of your preferred spectator sports. 2024 brims with national (and even supra-national) polls. Elections happening beyond these shores could cover approximately 40 percent of the world's population, 60 percent of global GDP, and 80 percent of market capitalisation. The economic, political, and security implications of this year's elections really matter. Advisory firms across the globe will pepper their client advice with hints of "sovereign risk" for many of the polls.
The jurisdictions voting this year extends to Bangladesh, Taiwan, Finland, El Salvador, Azerbaijan, Pakistan, Indonesia, Belarus, Cambodia, Portugal, Russia, Slovakia, Turkey, South Korea, Solomon Islands, North Macedonia, Dominican Republic, Panama, Lithuania, Iceland, Mexico, Belgium, Mongolia, Mauritania, the European Union, Rwanda, Brazil, Mozambique, Georgia, Uruguay, the United States, Palau, Mauritius, Ghana, Senegal, India, and (maybe) the United Kingdom.
Some of the elections are perfunctory window dressing. Russia's elections (17 March 2024) are a foregone conclusion, and must surely count as the grimmest since before the USSR's demise, set against the invasion of Ukraine and the death in prison of Alexei Navalny.
We will hear most about the US congressional and presidential election on 3 November 2024. The re-match between the octogenarian Biden and septuagenarian Trump provides for easy media coverage, which thrives off such a reductive story (and few politicians come as reductive as Trump). But we are right to care; as the world's biggest economy, second-largest democracy, largest champion of free(-ish) trade, and security guarantor for many places, the US really matters.
What we also need to watch is the health of the democracies themselves. The creeping authoritarian streaks in the US and other elections serve as cautionary tales and turn elections into winner-takes-all fights with high stakes. In such circumstances, no one can afford to lose because the losing side does not think it will ever get a fair look in again. That destroys the often over-looked secret of democracy: losers' consent. As in the side that does not win nevertheless accepts the democratic outcome.
So as we reflect on this worldwide year of elections, we should celebrate those democracies where the losing side feels they can live with the result this time and dream about next time. On that measure, we in New Zealand should take heart, reflecting not just that in 2023 power swapped between parties smoothly, but also that the parties of the outgoing government stayed at its post in a caretaker capacity for 44 days keeping the ship afloat for its successor to arrive at the helm. On that measure, we must rank as one of the healthiest democracies. Long may that continue.
In the News
Independent review of forestry ETS costs
On 29 February 2024, the Minister of Forestry, Todd McClay, announced an independent review of forestry operational costs related to the Emissions Trading Scheme (ETS).
The review will focus on the overall efficiency of Te Uru Rākau – New Zealand Forest Service (TUR-NZFS), and the operational cost of the processes and systems that TUR-NZFS utilises for the forestry ETS regime. The purpose of the report includes determining whether the current operation of forestry ETS services:
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meets the needs of the wide and diverse range of participants in the ETS;
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is fit-for-purpose, scalable, and able to adapt to future change;
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is on track to achieve the intended benefits of the ETS Transformation Programme; and
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represents cost effective delivery of a bespoke model.
Conversely, the review will not consider:
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the scope and delivery of the overall ETS Transformation Programme;
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the Ministry for Primary Industries' (MPI) broader cost recovery policy and process;
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Ministerial servicing and provision of policy advice; and
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inter-agency operations that support the ETS.
However, the Minister will undertake a review of the cost recovery fee settings once the expenditure model for 2024-25 has been confirmed.
Once the reviewer is appointed, they will have six weeks to finalise and present their report to the Minister. The process will include:
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reviewing relevant policies and documents;
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interviewing TUR-NZFS staff members responsible for service delivery;
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engaging with the Forestry ETS Technical Advisory Group and relevant organisations (Forest Owners Association, Ngā Pou a Tāne, Climate Forestry Association, New Zealand Institute of Forestry, and New Zealand Farm Forestry Association); and
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developing a draft report for comment by MPI, and other relevant and appropriate parties.
The Minister has noted that the review will inform future decisions about how the ETS regime for forestry services is funded.
Draft Government Policy Statement on Land Transport
The coalition Government has issued its draft Government Policy Statement on Land Transport 2024 (GPSLT). Consultation on the draft closes on 2 April 2023, and projects and funding commitments will be confirmed through the National Land Transport Programme (NLTP) later this year.
Specifically, the Transport Minister, the Hon Simeon Brown, has announced the following policies:
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Investing in public transport: Over the next three years, $2.3 billion will be invested in public transport services and $2.1 billion in public transport infrastructure. Priority will be given to transport projects that deliver reliability to commuters, benefit business, support economic growth, and demonstrate value for money. The New Zealand Transport Agency has also been asked to consider different ways of funding and delivering major transport projects such as "Build, Own, Operate, Transfer" equity finance schemes, and value capture. Local government is also expected to obtain funding through increased public transport fare-box recovery and third-party revenue.
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Keeping New Zealanders safe on roads: A focus on road safety will be developed through a two-pronged approach. First, the Road Policing Investment Programme will set new performance targets for Police, with enforcement targets relating to speed, alcohol breath testing, and roadside drug testing. Second, there will be investment in roading infrastructure and a proactive approach to maintenance.
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15 New Roads of National Significance: The Government is re-introducing the Roads of National Significance (RoNS) programme. The 15 new RoNS will be four-laned, grade-separated highways, with indications that the recently introduced Fast Track Approvals Bill will assist with their development. Alternative revenue, funding, and delivery models will support delivery of the RoNS, such as Public Private Partnerships, increased use of tolling, ‘Build, Own, Operate, Transfer’ equity finance schemes, and value capture.
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New $500 million pothole prevention fund: The establishment of the Pothole Prevention Fund seeks to ensure that maintenance funding is ringfenced to resealing, rehabilitation, and drainage works. The Road Efficiency Group will also be tasked with finding efficiencies in road maintenance, standardising maintenance protocols, reducing expenditure on temporary traffic management, and reviewing maintenance contracts.
Overseas investment in 'Build-to-rent'
On 7 March 2024, the Government announced that it will introduce legislation to alter the Overseas Investment Act 2005 to allow for overseas investment into build-to-rent housing developments. These changes had been signalled in the Coalition Government's 100-Day Plan.
The amending legislation will seek to create a streamlined consent process. This process would allow investors to purchase land with the intention of building a new build-to-rent development, or purchasing an existing development. Cabinet has also approved a Ministerial directive letter being issued to provide immediate certainty that New Zealand is open to foreign investment in such developments.
Build-to-rent properties are purpose-built, medium-to-large scale rental property developments, which are typically close to public transport. Other features of these types of developments include: longer leases, good amenities, and professional management (for example, overseas they are typically financed and operated by institutional investors and developers, such as pension funds). There are currently 22 registered build-to-rent developments in New Zealand, and the Government expectation is that this announcement will generate more growth in this area.
The Government has also reaffirmed that it is still committed to the ban on overseas investment into existing residential housing and land in New Zealand (unless the investor is eligible for a consent).
New health targets
On 8 March 2024, the Minister of Health, Dr Shane Reti, announced five new health targets that will form part of the Government's new direction in health. This announcement reflects the Coalition Government's 100-Day Plan, which proposed five major health targets, including for wait times and cancer treatment.
The five new health targets are:
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Faster cancer treatment: 90 percent of patients to receive cancer management within 31 days of the decision to treat.
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Improved immunisation for kids: 95 percent of children to be fully immunised at 24 months of age (currently child immunisation rates are at 83 percent).
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Shorter stays in emergency departments: 95 percent of patients to be admitted, discharged or transferred from an ED within six hours.
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Shorter wait times for first specialist assessment: 95 percent of patients to wait less than four months for an FSA (currently 66 percent of people are seen within 4 months).
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Shorter wait times for treatment: 95 percent of patients to wait less than four months for elective treatment.
Health New Zealand | Te Whatu Ora has been directed to report on these targets regularly, with progress to be published each quarter. The targets will come into effect on 1 July 2024, with the first quarterly results being for July-September 2024.
Top watchdog and public service vacancies
The Chief Ombudsman, Peter Boshier, advised the Speaker of House of his resignation because he will this weekend reach the mandatory retirement age of 72 years in the Ombudsmen Act 1975. As an Officer of Parliament, the Governor-General appoints the Chief Ombudsman for five-years on the recommendation of the House (practically speaking, at the recommendation of the Officers of Parliament Committee chaired by the Speaker). No announcement or indication has been made yet regarding Judge Boshier's replacement.
The Chief Ombudsman's resignation represents another top job that Ministers will have a hand in filling. There are currently four top public sector vacancies:
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Public Service Commissioner – that is the head of the public service;
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chief executive of the Department of the Prime Minister and Cabinet;
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chief executive of the Ministry of Foreign Affairs and Trade; and
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Chief of Defence Force.
Usually, the Public Service Commissioner would run the processes for appointing new agency heads, including assisting with non-public service roles like the Chief of Defence Force. The continued silence on who will replace Peter Hughes as the country's top public servant fuels rumours as to whether Ministers seeks someone from the private sector, or are trying to find the right person from inside the system to drive the Coalition Government's desired public service reforms.
In any event, five simultaneous vacancies among the most influential non-elected roles in the country does not happen often. The chance to fill these vacancies gives the Coalition Government huge latitude to put its stamp on public life for years to come beyond the term of this Parliament.
Summary of 100-Day Plan
The Coalition Government took office on 27 November 2023. That started a 100-Day Plan to implement 49 political priorities agreed between ACT, National, and NZ First. The Coalition Government organised the plan around the economy, the cost of living, law and order, and public services. By 8 March 2024, the government addressed each of the 49 priorities in some way.
Click here, to see the progress of the 100-Day Plan, as indicated by colour.
Audio visual developments in courts
The Government announced changes to increase remote participation in court proceedings by introducing the Courts (Remote Participation) Amendment Bill (the Bill). The Bill will amend parts of the Courts (Remote Participation) Act 2020 and the Criminal Procedures Act 2011.
The proposed amendments will:
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create a presumption that allows victims and support people to remotely observe a criminal trial and sentencing if they wish to (if available and deemed appropriate);
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allow the use of audio links (such as teleconference) for some criminal and civil proceedings; and
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permanently entrench the temporary change that was made under the COVID-19 Public Health Response Act 2020, clarifying that the court's ability to conduct hearings by AV technology (where appropriate) does not affect the principle of open justice.
These changes aim to address court system delays, particularly in the criminal and family jurisdictions of the District Court. These delays affect all participants of the justice system, but are disproportionately experienced by victims. Virtual participation should reduce travel time and costs, and provide a safer option for court appearances.
Submissions are open for the Bill until 4 April 2024.
In Trade
New Zealand welcomes new members to sustainable and inclusive trade groups
New Zealand has recently welcomed Australia to the Inclusive Trade Action Group (ITAG), and Australia and Brazil to the Global Trade and Gender Arrangement (GTAGA). Minister Todd McClay is the current chair of both groups. He hosted the signing ceremony in Abu Dhabi on 26 February 2024, in the margins of the World Trade Organisation's 13th Ministerial Conference. ITAG members now count Australia, Canada, Chile, Costa Rica, Ecuador, Mexico and New Zealand.
ITAG members work together to help make trade policies more inclusive and ensure that the benefits of trade and investment are more broadly shared. Since 2018, the three original members of ITAG (New Zealand, Canada and Chile) have focused on indigenous trade, women’s economic empowerment, agriculture and the sustainable development goals, and small and medium sized enterprises development. For New Zealand, this work is an extension of the previous government's Trade for All Agenda, which the new coalition government may look to review.
GTAGA was the first ITAG arrangement concluded in 2020. The GTAGA commits each participant to address barriers that women face when participating in trade. For example, the GTAGA commits participants to cooperate and share best practices to eliminate discrimination in employment and occupation, including on the basis of sex, pregnancy, possibility of pregnancy, maternity, gender and gender identity, and sexual orientation. For women-owned businesses, the GTAGA includes cooperation activities to promote the internationalisation of small and medium enterprises led by women and the fuller integration of women into the formal economy. It also contains specific cooperative activities aimed at enhancing economic opportunities for Māori and rural women.
The GTAGA is standalone - it is not linked to any specific trade agreement and is open to interested economies to join. It is not enforceable or subject to binding dispute resolution. GTAGA has now been joined by Canada, Chile, Mexico, Colombia, Peru, Costa Rica, Ecuador, Argentina, Australia, Brazil and New Zealand.
NZ-UAE Trade Agreement
On 29 February 2024, Hon Todd McClay, Minister for Trade, launched a public consultation for a new Comprehensive Economic Partnership Agreement (CEPA) between New Zealand and the United Arab Emirates (UAE). This follows a recent meeting between Minister McClay and UAE Trade Minister, Dr Thani bin Ahmed Al Zeyoudi, at the 13th World Trade Organisation Ministerial Conference in Abu Dhabi, and builds on earlier exploratory discussions between New Zealand and the UAE on the CEPA which commenced on 1 September 2023.
As part of the announcement, Minister McClay highlighted the importance of New Zealand's relationship with the UAE and the opportunities represented by the CEPA. In particular, the value of exports to the UAE recently surpassed NZ$1 billion, having increased by 17% in the year to September 2023. This makes the UAE one of the 20 largest export markets for New Zealand, as well as the largest market in the Middle East, across a range of key exports including food and beverage commodities such as dairy, meat, and fruit. The potential opportunities to New Zealand companies have also been emphasised by the Ministry of Foreign Affairs and Trade, describing the UAE as one of the wealthiest countries in the world on a per-capita basis, with an increasingly diversified economy built on financial services, logistics, transport and petroleum. The UAE is also continuing its efforts to transition to a knowledge-based economy through the promotion of innovation and research, which may provide further opportunities to New Zealand companies.
If New Zealand signs the CEPA, it will follow a number of other countries that have signed similar deals with the UAE, including India, Indonesia, Israel, Turkey and Cambodia. In addition to strengthening its relationship with UAE, the CEPA may also provide New Zealand with an opportunity to expand its other relationships in the Middle East, particularly as negotiations on the New Zealand Fair Trade Agreement with the six-country Gulf Cooperation Council (which includes the UAE) continue.
Minister McClay indicated that a decision on launching negotiations on the CEPA will be made later this year, as informed by public submissions and ongoing discussions with the UAE. Submissions on the CEPA close on 31 March 2024.
In the House
What's coming up in the House
The House will resume sitting on Tuesday 19 March 2024.
Legislation to be considered that week includes the further stages of:
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the Road User Charges (Light Electric RUC Vehicles) Amendment Bill;
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the European Union Free Trade Agreement Legislation Amendment Bill;
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the Taxation (Annual Rates for 2023-24, Multinational Tax, and Remedial Matters) Bill; and
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the Misuse of Drugs (Pseudoephedrine) Amendment Bill.
Wednesday 20 March 2024 will be a Member's day. On Thursday 21 March 2024 there will be a one-hour special debate on the report of the Petitions Committee on the petition of Clare Dale, "Make mobility parking enforceable on all public-use property and increase fines".
Progress of Legislation
Bills Introduced
Appropriation (2022/23 Confirmation and Validation) Bill
Type of Bill: Government
Member in charge: Hon Nicola Willis
This Bill would confirm the Government's expenditure in excess of an existing appropriation by Parliament for the 2022/23 financial year. The Minister of Finance will have to expressly authorise these expenses under section 26B of the Public Finance Act 1989. Some of these expenses include those incurred by the Ministry of Education and the Ministry of Social Development.
Companies (Address Information) Amendment Bill
Type of Bill: Member's
Member in charge: Hon Dr Deborah Russell
The Companies Act 1993 requires that company directors' residential addresses are made available to the public. The residential addresses of company directors are therefore easily accessible online.
This Bill intends to provide a way for directors to request their residential address be substituted with an address for service, if that director has serious concerns regarding their safety (or the safety of a person who they live with) arising from the availability of their residential address.
Corrections (Victim Protection) Amendment Bill
Type of Bill: Member's
Member in charge: Rima Nakhle
This Bill would amend the powers and functions of the Chief Executive of the Department of Corrections and prison managers under the Corrections Act 2004. The Bill would create an obligation on the Chief Executive and prison managers to ensure that processes are established and maintained to protect victims of crimes and those who are subject to a protection order under the Family Violence Act 2018 from unwanted contact with prisoners and persons under their control or supervision.
Evidence (Giving Evidence of Family Violence) Amendment Bill
Type of Bill: Member's
Member in charge: Dr Tracey McLellan
This Bill would amend the Evidence Act 2006 (Evidence Act) so that there is a presumption in favour of the Family Court applying available statutory protections for witnesses or parties giving evidence of sexual assaults or family harm, in the first instance. Currently, the Evidence Act contains a protection that automatically entitles children witnesses in criminal proceedings to give their evidence in an alternative way from the 'normal' method. 'Alternative' methods of giving evidence include: by video record made before the hearing; in the courtroom but unable to see the other party to whom the evidence relates; or from an appropriate place outside of the courtroom, either in New Zealand or elsewhere. The Bill will extend that presumption for children in criminal proceedings, to sexual case complainants, sexual case witnesses, and adult family harm complainants in the Family Court.
Goods and Services Tax (Removing GST from Food) Amendment Bill
Type of Bill: Member's
Member in charge: Rawiri Waititi
This Bill proposes to amend the Goods and Services Tax Act 1985 to remove goods and services tax (GST) from all food products and non-alcoholic beverages in New Zealand. The removal of GST would apply to food and non-alcoholic beverages (as defined under the Food Act 2014) and food-related packaging. For a good that consists partly of food or food-related packaging and partly of other components, GST may still apply for part of the good.
Income Tax (ACC Payments) Amendment Bill
Type of Bill: Member's
Member in charge: Dr Hamish Campbell
This Bill would make changes to how ACC lump sum payments (which are awarded following a court decision, a revised decision, or a review) are taxed. The Bill would amend section BD 3 of the Income Tax Act 2007 in relation to payments made under the Accident Compensation Act 2001. The amendment would allow for claims that were initially unsuccessful to be taxable at the rates that would have applied had the claim initially been approved.
Local Electoral (Abolition of the Ratepayer Roll) Amendment Bill
Type of Bill: Member's
Member in charge: Greg O'Connor
This Bill would amend the Local Government Act 2002, Local Government Act 1974 and Local Electoral Regulations 2001 to abolish the ratepayer roll.
Currently, the two-tier voting system of residential and ratepayer electors gives those that own (and pay rates for) multiple properties the right to extra votes depending on the location of those properties. For example, someone that owns a property in Wellington and a property in Auckland would be able to vote in each of the Auckland Council, Wellington City Council, and Greater Wellington Regional Council elections.
New Zealand Bill of Rights (Right to Sustainable Environment) Amendment Bill
Type of Bill: Member's
Member in charge: Hon James Shaw
This Bill seeks to reflect the link between human rights and the existence of a sustainable environment within which those rights can be enjoyed and exercised. It would introduce a new right to the New Zealand Bill of Rights Act 1990 that: Everyone has the right to a clean, healthy, and sustainable environment.
Bills awaiting First Reading
Bills defeated or withdrawn
Bills before Select Committee
Submissions Open
Submissions Closed
Bills awaiting Second Reading
Committee of the whole House
Bills awaiting Third Reading
Bills awaiting Royal Assent
Acts assented
Business Payment Practices Act Repeal Act 2024
This Act repeals the Business Payment Practices Act 2023 and revokes its secondary legislation. The Business Payments Act 2023 required large entities to disclose their payment practices on a public register. The Act received Royal Assent on 7 March 2024 and came into force on 8 March 2024.
Employment Relations (Trial Periods) Amendment Act 2023
This Act, which received Royal Assent on 22 December 2023, amends the Employment Relations Act 2000 to allow businesses with 20 or more employees to include a 90-day trial period in a new employee's employment agreement. This is achieved by amending sections 67A and 67B of the Employment Relations Act 2000 to remove the references to small-to-medium sized businesses and the corresponding definition.
Fair Pay Agreements Act Repeal Act 2023
This Act repeals the Fair Pay Agreement Act 2023 which provided a framework for collective bargaining towards industry-wide or occupation-wide minimum employment terms. The Act received Royal Assent on 19 December 2023 and came into force the following day.
Land Transport (Clean Vehicle Discount Scheme Repeal) Amendment Act 2023
This Act discontinues the Clean Vehicle Discount Scheme by making a series of amendments to the Land Transport Act 1998, the Land Transport Management Act 2003, the Land Transport (Motor Vehicle Registration and Licensing) Regulations 2011, and the Energy Efficiency (Vehicle Energy Economy Labelling) Regulations 2007, and by revoking the Land Transport (Clean Vehicle Discount Scheme Charges) Regulations 2022. The Act received Royal Assent on 19 December 2023 and came into force on 1 January 2024.
Land Transport Management (Repeal of Regional Fuel Tax) Amendment Act 2024
This Act, which received Royal Assent on 7 March 2024, removes the 10-cents-per-litre Auckland regional fuel tax, and the legislative framework that allows new regional fuel taxes to be created.
To achieve this, the Act:
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revokes the Land Transport Management (Regional Fuel Tax Scheme—Auckland) Order 2018, which provides for the Auckland regional fuel tax; and
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repeals the framework that provides for the creation of regional fuel taxes in the Land Transport Management Act 2003 (with consequential amendments to the Local Government Act 2002) and revokes the associated Land Transport Management (Regional Fuel Tax) Regulations 2018.
Legal Services Amendment Act 2024
This Act removes the availability of legal aid funding for evidence given under section 27 of the Sentencing Act 2002. Section 27 of the Sentencing Act 2002 allows an offender to request that the court hear evidence relating to their personal, family, whānau, community, and cultural background, and how that background might be relevant to possible sentences. Previously, legal aid could be used to fund that evidence. The Act received Royal Assent on 7 March 2024.
New Zealand Productivity Commission Act Repeal Act 2024
This Act repeals the New Zealand Productivity Commission Act 2010 and disestablishes the New Zealand Productivity Commission. The Act also provides for the consequences of that disestablishment and makes consequential amendments to other Acts. The Act received Royal Assent on 5 February 2024 and came into force on 29 February 2024.
Pae Ora (Disestablishment of Māori Health Authority) Amendment Act 2024
This Act received Royal Assent on 5 March 2024, and will commence on 30 June 2024. The Act amends the Pae Ora (Healthy Futures) Act 2022 to disestablish the Māori Health Authority and merge its functions and staff with Te Whatu Ora | Health New Zealand. The Act also introduces a new permanent committee, the Hauora Māori Advisory Committee, and makes changes to provisions relating to Iwi-Māori Partnership Boards. The Pae Ora (Healthy Futures) Act 2022 will now require Health New Zealand to support and engage with Iwi-Māori Partnership Boards, in place of the current obligation which requires Health New Zealand to provide information to Iwi-Māori Partnership Boards.
Reserve Bank of New Zealand (Economic Objective) Amendment Act 2023
This Act amends the Reserve Bank of New Zealand Act 2021 (RBNZ Act) to remove the Reserve Bank of New Zealand's (RBNZ) dual mandate and replace it with a single mandate. The RBNZ Act specified that the RBNZ had two economic objectives: achieving and maintaining stability in the general level of prices over the medium term; and supporting maximum sustainable employment.
The Act amends the RBNZ Act so that the RBNZ has only one economic objective: achieving and maintaining stability in the general level of prices over the medium term. The Act also makes a consequential amendment to specify that the RBNZ, acting through the Monetary Policy Committee, has the function of formulating a monetary policy directed to the economic objective of achieving and maintaining stability in the general level of prices over the medium term. The Act received Royal Assent on 19 December 2023 and came into force on 20 December 2023.
Resource Management (Natural and Built Environment and Spatial Planning Repeal and Interim Fast-track Consenting) Act 2023
This Act repeals the Natural and Built Environment Act 2023 (NBEA) and the Spatial Planning Act 2023 (SPA) and revokes the Natural and Built Environment (Forms and Fees) Regulations 2023. The Act also sets out the transitional and saving provisions for some parts of the NBEA that are already in use to provide continuity and certainty for system users, makes minor amendments to the Resource Management Act 1991 for clarity and workability, and reverses consequential and other amendments made by the NBEA and SPA to other legislation. The Act received Royal Assent on 22 December 2023. Aside from clauses 5 to 7 of Schedule 1, the Act came into force on 23 December 2023. Those specified clauses come into force nine months later.
Secondary Legislation Confirmation Act 2023
This Act confirms certain secondary legislation that would be revoked under the Legislation Act 2019, if not confirmed by an Act of Parliament by a specified date, and allows them to continue in force.
This Act confirms secondary legislation relating to:
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Biosecurity Act 1993;
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Commodity Levies Act 1990;
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Customs and Excise Act 2018;
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Land Transport Act 1998;
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New Zealand Superannuation and Retirement Income Act 2001;
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Social Security Act 2018; and
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Tariff Act 1988.
The Act received Royal Assent on 22 December 2023 and came into force the following day.
Smokefree Environments and Regulated Products Amendment Act 2024
This Act amends the Smokefree Environments and Regulated Products Act 1990 (and related regulations) to:
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remove restrictions introduced by the previous government (but not yet in force) that would have limited the number of retailers able to sell smoked tobacco products, decreased the amount of nicotine that would be allowed in smoked tobacco products, and prohibited the sale of smoked tobacco products to anyone born on or after 1 January 2009;
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remove the requirements for retailers of smoked tobacco products to apply to the Director-General of Health before selling smoked tobacco products;
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remove the requirements for smoked tobacco products to be approved by the Director-General of Health before being manufactured, imported, or offered for sale and supply in Aotearoa New Zealand;
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retain the minimum sale age of 18 years for smoked tobacco products; and
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remove provisions relating to Te Tiriti o Waitangi.
The Act received Royal Assent on 5 March 2024 and came into force on the following day.
Social Security (Benefits Adjustment) and Income Tax (Minimum Family Tax Credit) Amendment Act 2024
This Act amends the Social Security Act 2018 to change the way in which main benefits are adjusted. Previously, main benefits were required to be adjusted by Order in Council, as at 1 April each year, based on increases in average ordinary time weekly earnings. The Act changes this position so that main benefits are required to be adjusted based on increases in the Consumer Price Index. The Amendment Act also amends the Income Tax Act 2007 to change the minimum family tax credit from $34,216 to $35,204.
The Act received Royal Assent on 21 February 2024. Part 1 (amendments to the Social Security Act 2018) came into force on 22 February 2024 and Part 2 (amendments to Income Tax Act 2007) will come into force on 1 April 2024.
Social Workers Registration Legislation Amendment Act 2024
This Act received Royal Assent on 21 February 2024. The Act delays the repeal of the 'Experience Pathway' (an alternative qualification pathway for applicants registering as a social worker, which recognises sufficient practical experience in place of a prescribed qualification). The Experience Pathway was intended to be a time-limited qualification option which would ease pressure on the sector as it experienced workforce shortages and increased demand. The Act has amended the relevant section of the Social Workers Registration Legislation Act 2019 to extend the repeal date for the Experience Pathway from 28 February 2024 to 28 February 2026.
Taxation Principles Reporting Act Repeal Act 2023
This Act repeals the Taxation Principles Reporting Act 2023 which obliged the Commissioner of Inland Revenue to report on New Zealand's taxation settings. The Act received Royal Assent on 22 December 2023 and came into force the following day.
Water Services Acts Repeal Act 2024
This omnibus Act received Royal Assent on 16 February 2024 and repeals key legislation underpinning the previous Government's Affordable Water Reform (or Three Waters) – the Water Services Entities Act 2022, the Water Legislation Act 2023, and the Water Services Economic Efficiency and Consumer Protection Act 2023.
This Act returns responsibility for water services delivery to local authorities by:
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disestablishing the Northland and Auckland entity, its establishment board, and its establishment CEO (this was the only entity of the 10 planned entities that had been formally established);
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making consequential amendments to the Local Government Act 2002 to enable local authorities to include water services provision in 2024 - 2034 long-term plans; and
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making technical amendments to the Taumata Arowai – the Water Services Regulator Act 2020 and the Water Services Act 2021 relating to the regulation of water services by Taumata Arowai.
This Act is only the first step to the new Government's Local Water Done Well policy (available here). Two further bills are expected to be introduced over the next two years. Our insight on this legislative development provides further information on what to expect next.