Watching Brief – April 2017

Home Insights Watching Brief – April 2017

In the news

New trade strategy released

The Ministry of Foreign Affairs and Trade (MFAT) has updated New Zealand's trade strategy. Trade Agenda 2030 sets the direction of New Zealand trade policy for the next 10 – 15 years. The current strategy was last revised in 1993, and there have been many changes in the international environment since then.

As tariffs have decreased, other regulatory obstacles to overseas markets have become more apparent, and as trade in services has become increasingly important to the New Zealand economy, developments in technology have made it much easier to deliver those services across borders. These same developments mean that it is important for New Zealand businesses to protect their proprietary interest in new technologies, and to be able to undertake offshore direct investment to establish a physical presence in foreign markets.

With the challenges of an increasingly globalised world in mind, MFAT has developed a strategy around four major objectives:

  • Securing high quality trade agreements, while also working to maximise benefits under existing arrangements. As more of New Zealand's exports become covered by free trade agreements, the focus will increasingly be on ensuring that those agreements are effectively implemented, enforced and enhanced.
  • Improving market access for New Zealand businesses by addressing non-tariff barriers like subsidies, customs delays and technical barriers.
  • Focusing on trade in services, investment and digital trade as a means of recognising that technological innovation is a vehicle for New Zealand businesses to overcome the challenges of their physical distance from major international markets.
  • Helping exporters translate market "access" into market "success" by deepening and expanding New Zealand's export base. According to MFAT, there are only 267 business that export more than $25 million worth of goods per year. The Ministry aims to increase those numbers.

This policy reaffirms New Zealand's commitment to principles of free trade. MFAT notes that despite the recent setback caused by the new US administration's withdrawal from the Trans Pacific Partnership Agreement, international trade and cooperation is still essential to New Zealand's economic future. New Zealand and its major trading partners (particularly in Asia) still remain committed to strengthening bilateral and regional free trade agreements, and to pursuing equitable trade outcomes more generally through the World Trade Organisation. 

Finally, the Government aims to engage businesses and the public in the discussion and development of trade policy without resorting to periodic set piece consultations. To this end, the Ministry will create a Ministerial Advisory Group with representation from business, Māori interests and other stakeholders to provide ongoing input into achieving the objectives set out in the new strategy.

A copy of the Trade Agenda 2030 can be found here.

Chinese Premier Li Keqiang visits New Zealand

China's second-in-command, Premier Li Keqiang, visited New Zealand last week to mark 45 years of diplomatic relations between the two countries.

Arriving on 26 March, Li met with Prime Minister Bill English in Wellington to discuss and agree on a range of new China-New Zealand Initiatives, announced on 27 March. These include:

  • An upgrade to the China-New Zealand Free Trade Agreement (FTA), with negotiations to commence on 25 April;
  • A Memorandum of Cooperation for a six-month trial of New Zealand chilled meat exports;
  • Customs cooperation to streamline processes for New Zealand exporters who are qualified under the Secure Exports Scheme;
  • Cooperation on environmental issues, justice, development, and agriculture;
  • Direct flights between New Zealand and China to increase from 49 to 59 per week;
  • 2019 to be the China-New Zealand Year of Tourism; and
  • A new China cultural centre to be established in Auckland by Auckland Council and the Chinese Ministry of Culture.

The FTA upgrade will aid the New Zealand Government's target of increasing two-way trade from $23 billion to $30 billion by 2020.

In a press conference following the meeting between the two leaders, Premier Li rejected the claim that China was dumping steel in New Zealand markets, which is currently being investigated by Ministry of Business, Innovation and Employment. 

On 28 March, the two leaders attended an official gala lunch in Auckland, with various Chinese trade delegates, Chinese ambassadors, and representatives from government agencies including Ministry of Foreign Affairs and Trade, and New Zealand Trade and Enterprise. Both leaders spoke to the audience of around 350 guests about the FTA upgrade, the relationship between the two countries, and highlights from the China-New Zealand Initiatives.

A press release with the full details of the initiatives can be read here.

Electricity Authority Transmission Pricing Methodology's revises cost benefit analysis

On 23 March, the Electricity Authority (EA) released a revised cost benefit analysis of its Transmission Pricing Methodology (TPM) proposal. The outcome of this revision has resulted in the current proposal's estimated net benefits increasing by $38.6 million to $52.3 million. Consulting firm, Oakley Greenwood, as the EA's economic advisor, conducted the cost benefit analysis for the EA's TRM proposals.

The EA is responsible for approving the methodology by which Transpower apportions Commerce Commission-regulated total review requirements among its transmission customers. The TPM review began in October 2009 with a high-level options investigation, and has involved a long process of correspondence, consultation, and development of new proposals. 

As part of the TPM review, the EA published an issues paper in May 2016 which proposed amending the TPM guidelines in order to provide for a more efficient TPM. Oakley Greenwood prepared a cost benefit analysis of that proposal, which estimated the expected net benefits of those amendments to be $213.3m (in present value terms).

In December 2016 the EA proposed refinements to the proposal in a supplementary consultation paper. After considering those refinements, Oakley Greenwood revised its estimate of net benefits down to $203.3m in present value terms.

The most recent development
A calculation error was discovered in February 2017, relating to the expected benefit of removing the South Island Mean Injection charge that recovers the cost of the High Voltage Direct Current inter-island link. The removal benefit was initially calculated at $13.7m. After the error was discovered, Oakley Greenwood revised that benefit upwards to $52.3m in present value terms.

An additional sensitivity analysis was also readjusted upwards, to $164.6m from $92.7m.

The revised cost benefit analysis estimates the total expected net benefits for the proposal to amount to $241.9m, in present value terms. If the 'more efficient generation benefit' was replaced with the sensitivity calculation, the estimated total expected net benefits are $313.8m in present value terms.

The press release relating to the latest development can be accessed here.

An overview of the EA's TPM review can be found here.

Whanganui River granted legal personality

On 20 March 2017, the Te Awa Tupua (Whanganui River Claims Settlement) Act received Royal Assent and was passed into law. The Act confers legal personality on the Whanganui River, meaning that the Whanganui River now has all of the rights, powers, duties, and liabilities of a legal person. 

In practice, these rights, powers and duties are to be exercised and performed by Te Pou Tupua in accordance with the Act and Settlement. The Act prescribes the membership of Te Pou Tupua as being comprised by one person nominated on behalf of the Crown and one person nominated by the iwi with interests in the Whanganui River.

Te Pou Tupua has a number of functions, including allowing it to: act for and speak on behalf of the Whanganui River, promote and protect the health and well-being of the Whanganui River, and authorise the use of the name Te Awa Tupua. The second of these functions, promoting and protecting the health and well-being of Te Awa Tupua, will have implications on the environmental management of the Whanganui River in the long term.

The Act also establishes Te Karewao as an advisory group to Te Pou Tupua. Te Karewao is made up of three members: one appointed by the trustees of Ngā Tāngata Tiaki o Whanganui; one appointed by iwi with interests in the River (other than Whanganui Iwi); and one appointed by the relevant local authorities. 

The Whanganui River is believed to be the first river in the world to receive legal personhood (although the Ganges River in India received a similar status only five days after), and follows the similar treatment of Te Urewera, which was granted legal personhood in 2014.

A copy of the Act can be found here.

FMA releases Authorised Financial Advisers Report

The Financial Markets Authority has released its third report on New Zealand's Authorised Financial Advisers (AFAs). AFAs are required to submit an annual information return, which the FMA uses to compile its statistical AFA report.

Most AFAs are authorised to give personalised financial advice on all types of financial products. In this way, AFAs are distinct from Registered Financial Advisers, who may only give personalised advice on non-investment financial products, such as mortgages, and Qualifying Financial Entity advisers, who may only give personalised advice on products issued by the firm they are employed by.   

The report has been published on Tableau, an online platform that allows users to interact with the data. The key findings of the report, based on figures reported as at 30 June 2016, are:

  • There are approximately 1800 AFAs in New Zealand, with more AFAs joining the industry than leaving it, as was the case in 2015.
  • The number of AFAs with total client assets of between $1 million and $5 million has decreased since FMA reporting began in 2014, however the AFAs with total client assets of over $100 million has increased.
  • Compared to 2014, AFAs are now less likely to have client bases of more than 300 clients.

The law governing financial advisers is currently being scrutinised by MBIE as part of its review of the Financial Advisers Act 2008. The intention of that review is to establish a "level playing field of regulation" for all financial advisers.

The FMA's press release can be read here.

The report can be accessed here.

Hit and Run Allegations: where the key players stand two weeks on

The allegations in Nicky Hager and Jon Stephenson's book Hit and Run, released on 21 March, claim that six civilians, including a three-year-old girl, were killed, and 15 others injured, in 'Operation Burnham', a 2010 raid carried out by Special Air Service (SAS) soldiers in Afghanistan's Baghlan province. Two weeks on from the book's release, the authors' claims and the Government's response remain irreconcilable.

The Allegations in Hit and Run

Sources for the book, who claim to be former members of the SAS who participated in the raid recounted to the authors that, backed up by United States air support, they conducted Operation Burnham as revenge for the killing of a New Zealand solider by Taliban insurgents. Sources allege that the SAS called in airstrikes against unarmed civilians, shot dead two unarmed men, and destroyed the houses of people it suspected were harbouring Taliban fighters. Ten days later, after residents had started to rebuild their homes, the SAS apparently returned to the village, lay explosives, and destroyed the houses again. According to apparent eye-witnesses, this was done "to punish" the inhabitants of the village for supposedly sympathising with militants. The book also alleges that the SAS failed to treat the wounded, beat a bound and blindfolded prisoner before handing him over to the Afghan secret police to be tortured, and arranged for the murder of people it suspected of being Taliban insurgents.

Response from the New Zealand Defence Force

The Chief of the Defence Force, Lt General Tim Keating, has refuted the claims in Hit and Run. Having initially denied that there were any civilian casualties, the New Zealand Defence Force (NZDF) has now changed that position. It accepts that civilians "may have" been killed when rounds of fire from an Apache helicopter hit the wrong target, but it denies that any casualties were caused directly by SAS personnel. Keating has argued that Hit and Run gets the location of the raid wrong, and that because the location of the raid is the book's "central premise", none of the allegations it makes can be trusted. Hager, Stephenson, their 20 military sources, and the civilian victims they interviewed say that the raid took place in two villages called Naik and Khak Khuday Dad. The NZDF disagrees, and says that the raid happened in "Tirgiran Village". Hager and Stephenson have since acknowledged that Naik and Khak Khuday Dad are two kilometres away from the position they give in the book, but they maintain that the operation took place in those villages, and that there is no such place as "Tirgiran Village".

Response from Wayne Mapp, former Defence Minister

Wayne Mapp, who was the Minister of Defence when the raid took place, has reiterated his view that the raid was a "fiasco". While he has suggested that compensation should be offered to those who have suffered, he denies that a New Zealand-led independent inquiry would be effective.   

Response from the New Zealand Government

Despite not ruling out an inquiry in the immediate aftermath of the book's release, on Monday 3 April, Prime Minister Bill English ruled out an inquiry into the allegations in Hit and Run. The Prime Minister announced in his post-cabinet press conference on Monday afternoon that following a briefing from the Chief of the Defence Force, reviewing official reports, and viewing a video of the raid in question, there is no need for an inquiry to be launched.

Environmental Protection Authority releases hazardous substances notice

The Environmental Protection Authority has opened public consultation on the exposure draft of its Hazardous Substances (Hazardous Property Controls) Notice. The Authority is empowered to issue notices under the Hazardous Substances and New Organism (HSNO) Act, and the latest notice updates, consolidates and replaces a number of existing regulations made under that Act. The notice is divided into four parts:

  • Part 1 relates to controls on eco-toxic (ie toxic to the environment) substances. The majority of this part relates to the workplace use of pesticides, but there are also some non-specific provisions about the storage of eco-toxic substances generally.
  • Part 2 is about the storage and use of dangerous substances in places that are not workplaces (in other words, places to which the Health and Safety at Work (HSW) Act does not apply). The aim of this part is to protect the general public from exposure to toxic substances and ensure that there are no gaps between the HSW and HSNO regimes.
  • Part 3 makes very specific rules about tank wagons, transportable container requirements for eco-toxic substances, and the filling of scuba tanks by members of the public.
  • Part 4 proposes changes to the Labelling Notice arising out of the new requirements for pesticide use proposed in Part 1.

This is the second round of consultation on the Notice (submissions on the first consultation document closed on 21 November 2016). The Authority has been considering submitters' responses in the interim, and this latest draft accommodates its responses to those submissions. The current consultation period closes at 5pm on 19 April 2017.

The Authority's consultation document (including its questions for responders) is here.

In the courts

Supreme Court recognises Crown-Native fiduciary duty

On 28 February, the Supreme Court delivered its decision on the Proprietors of Wakatu & Ors v Attorney General [2017] NZSC 17, some 16 months after the hearing. The decision has implications for the way historical Māori grievances could be pursued in the courts. The main issue traversed in the 353-page judgment is whether the Crown owed a fiduciary duty to the customary owners of land in Nelson, dating back to 1839. By a 4-1 majority, with Young J dissenting, the Supreme Court found that a fiduciary duty was owed in the circumstances, and could not be excluded on the basis of limitation. The same majority found that this duty had been breached in relation to land in Nelson. The Supreme Court found that only an individual appellant, Mr Rore Stafford, had standing, and that the Proprietors of Wakatu and Te Kahui Ngahuru Trust lacked standing. Mr Stafford's claim may therefore proceed to the High Court for determination on matters of breach and remedy. 

The land in question was sold to the New Zealand Company in 1839 on the basis that a tenth of the land would be reserved for the original Māori owners. The same land was subsequently subject to an 1845 Crown Grant on the same terms, after investigation by Commissioner William Spain. The 'tenths', as they became known, comprised 15,100 acres of land, and were never fully realised.

The appellants argued that the tenths were subject to a trust-like relationship between the Crown and original Māori owners, and that this placed an equitable obligation on the Crown to ensure the land was reserved as agreed. Lower Courts did not recognise that such a relationship existed, finding that the arrangements were political (as opposed to legal) arrangements, and that as a fiduciary duty requires a degree of loyalty, the Crown could not have been expected to fulfil an obligation towards a discrete group of the population.

The appellants relied on a well-developed body of law in Canada, prompted by the Supreme Court decision Guerin v R [1984] 2 SCR, that recognises a sui generis fiduciary duty on the Crown in relation to First Nations in circumstances where there is a specific customary interest. While judicial comments recognising that a similar duty might apply in New Zealand, the Supreme Court before the Wakatu judgment had never definitively found or applied a Crown-Native fiduciary duty.

The Chief Justice relied on the approach in Guerin and found that a Crown fiduciary duty existed to reserve the tenths for the benefit of the customary owners. The Supreme Court provided declaratory relief in this respect, with a substantive decision on relief left to be determined in the High Court. While the High Court may take the equitable doctrine of laches into account when determining a remedy, Mr Stafford's claim cannot be barred by limitation.

While the circumstances where a fiduciary duty might apply in New Zealand going forward are limited, the Wakatu decision nonetheless recognises a new judicial means of redress for Māori historical grievances. Historical grievances are generally not resolved in court, but instead addressed in the political sphere through the Treaty Settlement process. The decision provides an alternative vehicle for legal recourse in some limited circumstances.

Progress of legislation

New Bills

Anti-Money Laundering and Countering Financing of Terrorism Amendment Bill
Type of Bill: Government
Member in Charge: Hon Amy Adams
This Bill intends to amend the Anti-Money Laundering and Countering Financing of Terrorism Act 2009 (AMLCFT Act). Clause 6 of the Bill proposes to expand the application of the AMLCFT Act to a range of new professions and sectors including:

  • real estate agents;
  • lawyers;
  • accountants;
  • conveyancers;
  • the New Zealand Racing Board; and
  • some high-value dealers.

Sectors with activities that carry a high risk for money laundering and terrorism financing would be required to conduct customer due diligence, report suspicious activities, and develop and maintain a risk assessment and compliance programme. High-value dealers would not be required to report suspicious transactions, although they would still be able to. Clause 130 of the Bill aims to establish the Department of Internal Affairs as the Anti-Money Laundering and Countering Financing of Terrorism supervisor for the new professions and sectors. The Bill proposes to give government agencies the ability to enter into information sharing agreements to share information for 'law enforcement purposes'. The Bill sets out the specifications of what must be contained such an agreement. Clause 50 of the Bill would require the Minister of Justice, no later than 1 July 2021, to seek a report from the Ministry of Justice about the operation of the AMLCFT Act since the enactment of the clause and whether any amendments to the AMLCFT Act are necessary. The Ministry of Justice would be required to provide a report to the Minister of Justice within one year of the request being made.

Arbitration Amendment Bill
Type of Bill: Member's
Member in Charge: Paul Foster-Bell
This Bill seeks to amend the Arbitration Act 1996 with the aim of ensuring that arbitration clauses contained in trust deeds are given effect. Clause 4 of the Bill would confirm that it is lawful for a settlor of a trust to include an arbitration clause in a trust deed and that such a clause would apply to all trustees, guardians and beneficiaries of the trust as if it was an arbitration agreement under the Arbitration Act. This clause also proposes providing an arbitration tribunal (appointed under the trust deed) with the same power as the High Court to appoint representatives to conduct litigation on behalf of any minor, unborn, or unascertained beneficiary or class of beneficiaries.

In addition, the Bill seeks to amend the Arbitration Act to require a court to publish arbitration proceedings heard by a court in law reports and professional publications:

  • if all parties agree to the publication of information and the court is satisfied that publication would not reveal information that a party reasonably wishes to remain confidential; or
  • where the court considers the judgment to be of 'major legal interest'.

The Bill would also allow a party to arbitration proceedings to apply to the court to request that certain matters contained in the law reports or publications of the court be concealed and not published until the end of a period, no longer than ten years.

Child Protection (Child Sex Offender Government Agency Registration) Amendment Bill
This Bill was passed under urgency. See 'Acts Assented' below for a summary of the resulting legislation.

Crown Minerals (Protection of World Heritage Sites) Amendment Bill
Type of Bill: Member's
Member in Charge: Hon Ruth Dyson
This Bill intends to amend the Crown Minerals Act 1991 by applying existing restrictions in the Crown Minerals Act to World Heritage Sites. The Bill would define World Heritage Sites as those sites included in the World Heritage List, compiled by the World Heritage Committee under the Convention Concerning the Protection of the World Cultural and Natural Heritage 1972. By applying protections in the Crown Minerals Act to World Heritage Sites, those sites would be protected from mining. This was raised as an issue in early 2012 after it was discovered the Government was surveying for minerals in World Heritage Sites.

Conservation (Infringement System) Bill
Type of Bill: Government
Member in Charge: Hon Maggie Barry
This Bill seeks to improve the current conservation compliance and enforcement system to ensure that penalties are commensurate with the seriousness of offending. The Bill proposes to amend: Conservation Act 1987, Marine Mammals Protection Act 1978, Marine Reserves Act 1971, National Parks Act 1980, Reserves Act 1977, Trade in Endangered Species Act 1989, Wild Animal Control Act 1977, and Wildlife Act 1953 (Conservation-Related Legislation). To do this, the Bill seeks to introduce an infringement system to address less serious offending and amends Conservation-Related legislation to incorporate the infringement system into these regimes. By amending Conservation-Related Legislation, the Bill seeks to introduce infringement offences that are specific to those pieces of legislation. For example, the proposed amendment to the Conservation Act 1987 would make it an infringement offence for a person to possess sports fish taken from freshwater without a licence.  Additionally, the proposed amendments provide guidance in relation to who is authorised to issue infringement notices and what information must be contained in an infringement notice. The explanatory note to the Bill states that if the Bill comes into force, guidance be developed to support the infringement system in order to 'direct that an infringement notice is not an appropriate response to alleged offending that involved' a number of factors, including a significant risk to public safety or the unsafe discharge of a firearm or other hunting weapon.

Dairy Industry Restructuring Amendment Bill
Type of Bill: Government
Member in Charge: Hon Nathan Guy
This Bill seeks to amend the Dairy Industry Restructuring Act 2001 (DIRA) to prevent certain provisions from expiring, as well as providing for periodic reviews of dairy market regulation. In particular, clause 4 of the Bill seeks to prevent the dairy market in the South Island from becoming deregulated on 31 May 2018 by repealing the relevant provisions that would otherwise expire.

Under section 73 of the principal Act, Fonterra currently must, subject to exceptions, accept an application to become a shareholding farmer in the co-operative. The Bill proposes a new exception to section 73 that would give Fonterra discretion to reject an application to become a shareholding farmer if 50% or more of the land used for milk production to supply a new collection point is new production land. This exception pertains to collection points that have not, in the preceding five years, been used at any time to supply milk from dairy cows. The Bill sets out the information that farmers would provide to Fonterra to show that this exception does not apply. The Bill would also require the Minister for Primary Industries to request a report on the state of competition within the New Zealand dairy industry during the dairy season commencing on 1 June 2020 and on an ongoing basis no later than five years after the Minister publishes their response to the most recent Report. The Bill outlines what must be contained in the report and the timeframe for the Minister to respond to its publication. 

Education (Teachers’ Code of Ethics) Amendment Bill
Type of Bill: Member’s
Member in Charge: Hon Ruth Dyson
This Bill seeks to replace the code of conduct in the Education Act 1989 with a code of ethics. Clause 5 of the Bill would replace section 387 of the Education Act (which currently sets out a code of conduct) with a requirement that a code of ethics be put in place. The code of ethics would be binding on all registered teachers and authorised persons, and be administered by the Teaching Council. The Teaching Council would be required to 'take all reasonable steps to consult those who will be bound by' the code of ethics. 

Equal Pay Amendment Bill
Type of Bill: Member's
Member in Charge: Jan Logie
This Bill proposes amending the Equal Pay Act 1972 and Employment Relations Act 2000 (ERA). It proposes amendments to the Equal Pay Act to increase the amount of information that is kept by employers. Specifically, the Bill seeks to replace section 17 of the Equal Pay Act to require employers to keep, for a period of at least six years, records of the information set out in section 130 of the ERA. This information relates to wages and time records that include matters such as the name, age and address of employees. The Bill proposes that employers are to then provide a copy of these records to the Ministry of Business, Innovation and Employment on an annual basis. 

The Bill also seeks to impose an obligation on employers to provide, upon request of an employee or their representative, a copy of aggregated data that shows the gender and amount of pay received by employees doing the same kind of work. Additionally, the Bill seeks to insert a new provision into the Equal Pay Act that allows a court to accept as proven, unless the defendant-employer proves otherwise, the claims made by an employee in relation to the particulars of records required to be maintained under section 17 of the Equal Pay Act. The Bill also proposes replacing section 18 of the Equal Pay Act with a provision that increases the fines attributable to those who are found to have committed an offence against the Equal Pay Act from $400 to $5,000 for individuals and $1,000 to $10,000 for body corporates. The Bill also intends to make an amendment to the ERA requiring employers to maintain a record of the name and gender of their employees in their wage and time records under section 130 of the ERA.

Family and Whānau Violence Legislation Bill
Type of Bill: Government
Member in Charge: Hon Amy Adams
This omnibus Bill would amend the: Domestic Violence Act 1985; Bail Act 2000; Care of Children Act 2004; Births, Deaths, Marriages and Relationships Registration Act 1995; Criminal Records (Clean Slate) Act 2004 Crimes Act 1961; Criminal Procedure Act 2011; Corrections Act 2004; Evidence Act 2006; and Sentencing Act 2002. The Bill intends to create a coordinated legislative framework to reduce family and whānau violence in New Zealand. In particular, the Bill proposes to include a new purpose provision in the Domestic Violence Act to 'stop and prevent family violence' by recognising that family violence is unacceptable, preventing people from inflicting family violence, and keeping victims safe from family violence. The Bill would also insert a number of principles into the Domestic Violence Act that are intended to guide the achievement of the new purpose. The Bill also intends to implement a new regime to enable family violence agencies and social services practitioners to share information in relation to family violence. Additionally, the Bill proposes to enact a duty for family violence agencies and social services practitioners to consider disclosing family violence information where there are reasonable grounds to believe that disclosing the information may help protect a victim of family violence. 

The Bill also seeks to create three new offences in the Crimes Act 1961 for:

  • strangulation or suffocation;
  • assault on person in family relationship; and
  • coerced marriage or civil union.

The Bill also contains proposed amendments to the Bail Act 2000. Specifically, the Bill would allow the police, when granting police bail, or a judicial officer, to impose any condition of the bail that is reasonably necessary to protect the victim of the alleged offence or a person residing with or in a family relationship with the victim. The Bill also contains a number of consequential amendments to pieces of legislation related to the prevention of family and whānau violence.

Ombudsmen (Cost Recovery) Amendment Bill
Type of Bill: Member's
Member in Charge: Hon David Parker
This Bill intends to allow the Ombudsman to set guidelines for the recovery of costs of investigations into agencies. Specifically, the Bill seeks to insert a provision into the Ombudsman Act 1975 that would allow the Ombudsman to recover costs from an agency that is the subject of a complaint. The Bill would define 'agency' as a department or organisation listed in schedule 1 of the Ombudsman Act or a holder of official information under the Official Information Act 1982 or Local Government Official Information and Meetings Act 1987. The Bill seeks to require the Ombudsman to publish guidelines that specify the costs that the Ombudsman could recover from the agency and the circumstances under which it could impose charges. The Bill would prevent the Ombudsman from recovering costs associated with investigations initiated by the Ombudsman or referred to the Ombudsman by the House of Representatives or Prime Minister.

Youth Employment Training and Education Bill
Type of Bill: Member's
Member in Charge: Darroch Ball
This Bill seeks to amend the Defence Act 1990 and Education Act 1989 to allow the Chief of Defence to authorise a Youth Employment Training and Education Programme. The proposed amendments to the Education Act indicate that the Programme would be 'designed to meet the vocational needs of New Zealanders aged 15 to 17 years' and that it would be situated in the Defence Force and monitored by the Ministry of Social Development, the Ministry of Education, and the New Zealand Qualifications Authority. Clause 6 of the Bill states that participants in the Programme will work for the Defence Force on a contract of service but will not be members of the regular forces or civil staff. Additionally, this clause provides that at the conclusion of the Programme, participants may be eligible for an offer of service as members of the regular forces and are eligible for employment and work readiness assistance in terms of the Employment and Work Readiness Assistance Programme.

Bills awaiting first reading

Airport Authorities (Publicising Lost Property Sales) Amendment Bill
Arbitration Amendment Bill
Broadcasting (Games of National Significance) Amendment Bill
Companies (Annual Report Notice Requirements) Amendment Bill
Conservation (Infringement System) Bill
Consumers’ Right to Know (Country of Origin of Food) Bill
Crown Minerals (Protection of World Heritage Sites) Amendment Bill
Dairy Industry Restructuring Amendment Bill
Education (Teachers' Code of Ethics) Amendment Bill
Education (Tertiary Education and Other Matters) Amendment Bill
Family and Whānau Violence Legislation Bill
Land Transport (Vehicle User Safety) Amendment Bill
Ngā Rohe Moana o Ngā Hapū o Ngāti Porou Bill
Ombudsmen (Cost Recovery) Amendment Bill
Youth Employment Training and Education Bill

Bills defeated

Housing Corporation (Affordable Housing Development) Amendment Bill
Member in Charge: Kelvin Davis
59 in favour: Labour 31; Green Party 14; New Zealand First 12; Māori Party 2.
61 Against: National 59; ACT 1; United Future 1.

Public Finance (Sustainable Development Indicators) Amendment Bill
Member in Charge: James Shaw
48 in favour: Labour 32; Green Party 14; Māori Party 2.
73 Against: National 59; New Zealand First 12; ACT 1; United Future 1.

Student Loan Scheme (First Home Repayment Diversion) Amendment Bill
Member in Charge: Gareth Hughes
48 in favour: Labour 32; Green Party 14; Māori Party 2.
73 Against: National 59; New Zealand First 12; ACT 1; United Future 1.

Bills before Select Committee

Submissions open


Select Committee

Closing date for Submissions (2017)

Anti-Money Laundering and Countering Financing of Terrorism Amendment Bill

Law and Order

20 April

Crimes (Increased Penalty for Providing Explosive to Commit Crime) Amendment Bill

Law and Order

7 April

Domestic Violence—Victims' Protection Bill

Justice and Electoral

28 April

Employment Relations (Allowing Higher Earners to Contract Out of Personal Grievance Provisions) Amendment Bill

Transport and Industrial Relations

5 May

Iwi and Hapū of Te Rohe o Te Wairoa Claims Settlement Bill

Māori Affairs

26 April

Submissions closed


Select Committee

Report due (2017)

Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Bill

Social Services

13 June

Consumer Guarantees (Removal of Unrelated Party Lender Responsibility) Amendment Bill


13 March

Customs and Excise Bill

Foreign Affairs, Defence and Trade

6 June

Electronic Interactions Reform Bill

Government Administration

13 April

Energy Innovation (Electric Vehicles and Other Matters) Amendment Bill


10 May

Films, Videos, and Publications Classification (Interim Restriction Order Classification) Amendment Bill

Justice and Electoral

7 June

Health (Fluoridation of Drinking Water) Amendment Bill


6 June

Healthy Homes Guarantee Bill (No 2)

Government Administration

28 April

Local Government Act 2002 Amendment Bill (No 2)

Local Government and Environment

31 March

Maritime Transport Amendment Bill

Transport and Industrial Relations

16 May

New Plymouth District Council (Waitara Lands) Bill

Māori Affairs

21 April

Outer Space and High-altitude Activities Bill

Foreign Affairs, Defence and Trade

18 April

Point England Development Enabling Bill

Local Government and Environment

28 April

Private International Law (Choice of Law in Tort) Bill

Justice and Electoral

7 June

Rates Rebate (Retirement Village Residents) Amendment Bill

Local Government and Environment

9 May

Resource Legislation Amendment Bill

Local Government and Environment

10 May

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.

Births, Deaths, Marriages, and Relationships Registration (Preventing Name Change by Child Sex Offenders) Amendment Bill
Education (Update) Amendment Bill as reported by the Education and Science Committee
Enhancing Identity Verification and Border Processes Legislation Bill as reported by the Law and Order Committee
Food Safety Law Reform Bill
Kermadec Ocean Sanctuary Bill
Land Transport (Admissibility of Evidential Breath Tests) Amendment Bill
Land Transport Amendment Bill as reported by the Transport and Industrial Relations Committee
Ngāi Te Rangi and Ngā Pōtiki Claims Settlement Bill
Public Collections and Solicitations (Disclosure of Payment) Bill
Rangitāne Tū Mai Rā (Wairarapa Tamaki nui-ā-Rua) Claims Settlement Bill as reported by the Māori Affairs Committee
Social Security Legislation Rewrite Bill
Tauranga Moana Iwi Collective Redress and Ngā Hapū o Ngāti Ranginui Claims Settlement Bill

Bills awaiting third reading

Appropriation (2015/16 Confirmation and Validation) Bill
Commerce (Cartels and Other Matters) Amendment Bill
Fire and Emergency New Zealand Bill
Insolvency Practitioners Bill
Land Transfer Bill
Māori Purposes Bill
Maritime Crimes Amendment Bill
Minimum Wage (Contractor Remuneration) Amendment Bill
Natural Health and Supplementary Products Bill (formerly the Natural Health Products Bill)
Ngatikahu ki Whangaroa Claims Settlement Bill
Te Ture Whenua Māori Bill
Telecommunications (Property Access and Other Matters) Amendment Bill
Trade (Anti-dumping and Countervailing Duties) Amendment Bill

Acts assented

Broadcasting (Election Programmes and Election Advertising) Amendment Act 2017
This Act amends the Broadcasting Act 1989 to make a number of changes to the way election broadcasting is regulated. The Act replaces Part 6 of the principal Act. The newly inserted Part 6 removes the requirement for Radio New Zealand and TVNZ to broadcast opening and closing addresses. Previously, opening and closing addresses were required to be broadcast, free of charge, in an election period. Part 6 also sets out a new framework for the rules of election broadcasting. Under this framework, television and radio broadcasters are prohibited from broadcasting election programmes unless the programme is promoted by a party or group of related parties, a constituency candidate or a party with the authority of a constituency candidate.

Child Protection (Child Sex Offender Government Agency Registration) Amendment Act 2017
This Act seeks to retrospectively amend the recently passed Child Protection (Child Sex Offender Government Agency Registration) Act 2016 (Child Protection Act) to ensure all relevant child sex offenders are registrable on the child sex offenders register. This addresses an oversight in the recently passed legislation. Upon enactment, the government determined that there are three 'groups of offenders who should be subject to the Act but to whom the legislation may not in fact apply'. The Bill expands the application of the Child Protection Act to include:

  • child sex offenders serving short-term prison sentences who reached their statutory release date before 14 October 2016, had a sentence expiry date after 14 October 2016, and were subject to release conditions at 14 October 2016;
  • child sex offenders serving long-term or short-term sentences of imprisonment who reached their sentence expiry date before 14 October 2016 and were on release conditions at 14 October 2016; and
  • child sex offenders who were convicted of a qualifying offence before 14 October 2016 and after 14 October 2016 and sentenced to imprisonment or a non-custodial sentence, as well as being ordered by a court to be placed on the Register.

Contract and Commercial Law Act 2017
This Act is the first Act to pass as part of the Parliamentary Counsel Office's three-year revision programme. The changes in the Act are not intended to change the effect of the law. Instead, the Act consolidates contract and commercial legislation in modern language that makes it more accessible for businesses. Those enactments that are consolidated are:

  • Contracts (Privity) Act 1982;
  • Contractual Mistakes Act 1977;
  • Contractual Remedies Act 1979;
  • Frustrated Contracts Act 1944;
  • Illegal Contracts Act 1970;
  • Minors' Contracts Act 1969;
  • Sale of Goods Act 1908;
  • Sales of Goods (United Nations Convention) Act 1994;
  • Electronic Transactions Act 2002;
  • Carriage of Goods Act 1979; and
  • Mercantile Law Act 1908 (other than Part 5).

Electoral Amendment Act 2017
This Act amends the Electoral Act 1993 by making a number of minor changes intended to clarify the law. The changes include a requirement that all fixed signage on a Member of Parliament’s out-of-Parliament office must be treated as a single sign when determining whether or not it is 'contact information'. This has implications for whether such signage will be regulated as an 'election advertisement' in section 3A of the Act. The Bill also simplifies the process of an elector changing their registered address by amending section 89 of the principal Act. Additionally, the Act amends section 197 of the Electoral Act to make changes to the way party lists are maintained by requiring that they be in a form approved by the Electoral Commission. The Act also amends section 197 of the principal Act by mandating that in relation to advance voting, there be a buffer zone of ten metres where the prohibitions of advance voting apply.

Intelligence and Security Act 2017
This Act implements the Government’s response to the Report of the First Independent Review of Intelligence and Security in New Zealand: Intelligence and Security in a Free Society (Report). The Report was compiled by Hon Sir Michael Cullen and Dame Patsy Reddy, whose mandate was to review the current legislation governing intelligence and security agencies, as well as their oversight bodies (the Inspector-General of Intelligence and Security and the Intelligence and Security Committee). The most significant change the Act enforces is that it consolidates legislation that regulates the Government Communications Security Bureau (GCSB) and New Zealand Security Intelligence Service (NZSIS) in a single Act. The Act therefore replaces four current Acts that serve this purpose. The Act also establishes a single authorisation regime for both the GCSB and the NZSIS for otherwise unlawful activity. Additionally, the Bill establishes a warranting regime for otherwise unlawful activity. Under this proposed warranting regime, sections 52 – 54 of the Act provide for two types of warrants: Type 1 and Type 2. A Type 1 warrant must be obtained to target a New Zealander, and a Type 2 warrant must be obtained in all other instances. Section 55 of the Act provides that a Type 1 warrant must be authorised by the authorising Minister and the Chief Commissioner of Intelligence Warrants and a Type 2 warrant only needs to be made to the authorising Minister.

Further changes in the Act are: an acknowledgment of particular functions of the GCSB and the NZSIS in legislation for the first time, such as assumed identities and human intelligence activities (Part 3, subpart 2); the NZSIS is established as a public service department under the State Sector Act 1988 (sections 332 and 333); and the implementation of an information sharing regime between the GCSB and NZSIS (Part 5).

Substance Addiction (Compulsory Assessment and Treatment) Act 2017
The Substance Addiction (Compulsory Assessment and Treatment) Act implements a regime for the mandatory treatment of persons who suffer a 'severe substance addiction'. The Act is a response to the 2010 Law Commission Report on Compulsory Treatment for Substance Addiction which reviewed the Alcoholism and Drug Addiction Act 1966. Section 8 of the Act provides that a 'severe' addiction is an addiction that manifests in the compulsive use of a substance and that the relevant person must be unable to care for themselves. Section 4 of the Act defines 'substance' as any alcohol, drug, psychoactive substance, volatile substance, or a substance made by the regulations under the Act.

Taxation (Annual Rates for 2016–17, Closely Held Companies, and Related Matters) Act 2017
This Act is an omnibus piece of legislation that amends the Income Tax Act 2007; the Tax Administration Act 1994; the Goods and Services Tax Act 1985; and a number of other pieces of related legislation. The Act sets the annual rates of income tax for the 2016-2017 tax year, by confirming the rates currently in the Income Tax Act 2007. The Act also implements changes relating to closely held companies by inserting a new section into the Income Tax Act that provides entities which cease to be a look-through company because of changes in the Act will still be treated as a look-through company for tax purposes. The Act also makes a number of changes to rules around non-resident withholding tax for related party and branch lending; the goods and services tax; related parties debt remission; loss grouping and imputation; remission income, insolvency, and bankruptcy; aircraft overhaul reserves; New Zealand double tax agreements; Schedule 32 donee status for charities; land tainting and council controlled organisations; loss offsets by mineral miners; Working for Families tax credits; information sharing; and the application of the time bar to ancillary taxes.

Taxation (Business Tax, Exchange of Information, and Remedial Matters) Act 2017
This Act is an omnibus piece of legislation that amends the Income Tax Act 2007, the Tax Administration Act 1994, and the Student Loan Scheme Act 2011. The Act implements three policy goals through these amendments. Those are: to simplify business taxation, implement G20 / OECD standards for Automatic Exchange of Financial Account Information in Tax Matters, and implement disclosure requirements for foreign trusts, recommended by the Government Inquiry into Foreign Trust Disclosure Rules.

Te Awa Tupua (Whanganui River Claims Settlement) Act 2017
The Te Awa Tupua (Whanganui River Claims Settlement) Act 2017 has three main purposes, which are to:

  • record the acknowledgements and apology given by the Crown to Whanganui Iwi in Ruruku Whakatupua – Te Mana o Te Iwi o Whanganui (Settlement);
  • give effect to the provisions of the deed of settlement that establishes Te Pā Auroa nā Te Awa Tupua; and
  • give effect to the provisions of the Settlement that settle the historic claims of Whanganui Iwi as those claims relate to the Whanganui River (River).

Importantly, the Act recognises Te Awa Tupua as an "indivisible and living whole, comprising the Whanganui River from the mountains to the sea, incorporating all its physical and metaphysical elements." This has the effect of giving the River legal personality. The Act sets out a number of 'intrinsic values' which represent the 'essence of Te Awa Tupua' and guide this framework.

The functions of Te Pou Tupua are set out in section 19 of the Act and include allowing it to: act for and speak on behalf of Te Awa Tupua, promote and protect the health and well-being of Te Awa Tupua, and authorise the use of the name Te Awa Tupua. Section 20 of the Act sets out the composition of Te Pou Tupua as comprising two persons; one person being nominated on behalf of the Crown and one person being nominated by the iwi with interests in the River. Section 27 of the Act establishes Te Karewao as an advisory group to Te Pou Tupua. Te Karewao will consist of three members appointed by one of: the trustees of Ngā Tāngata Tiaki o Whanganui; iwi with interests in the River (other than Whanganui Iwi); and the relevant local authorities. Te Kōpuka is also established as a strategy group for Te Awa Tupua and is comprised of representatives of persons and organisations with interests in the River including: iwi, local authorities, government departments, commercial users and environmental groups.

Part 3 of the Act also records the acknowledgements and apology of the Crown that were agreed as part of the Treaty of Waitangi settlement with Whanganui Iwi Ruruku Whakatupua – Te Mana o Te Iwi o Whanganui. The acknowledgements and apology of the Crown cover a range of matters ranging from historic grievances of Whanganui Iwi in the 19th Century through to modern grievances such as the Tongariro Power Development Scheme. Part 4 of the Act relates to the settlement of historical claims and states that historical claims are settled and that 'the Crown is released and discharged from all obligations and liabilities in response of those claims.'

The following three Acts are a legislative package intended to make small amendments to reduce regulatory failure of legislation administered by the Ministry of Business, Innovation, and Employment:

  • Regulatory Systems (Building and Housing) Amendment Act 2017: This Act amends two pieces of legislation that relate to building and housing: the Building Act 2004 and the Unit Titles Act 2010.
  • Regulatory Systems (Commercial Matters) Amendment Act 2017: This Act amends legislation that relate to commercial matters, including the Companies Act 1993, the Financial Markets Conduct Act 2013, the Takeovers Act 1993, Construction and the Contracts Act 2002.
  • Regulatory Systems (Workplace Relations) Amendment Act 2017: This Act amends legislation that relates to workplace relations and safety, the Employment Relations Act 2000 and the Parental Leave and Employment Protection Act 1987. 
Legislative Instruments

Accident Compensation (Earners’ Levy) Regulations 2017
Accident Compensation (Experience Rating) Regulations 2017
Accident Compensation (Work Account Levies) Regulations 2017
Cadastral Survey Amendment Rules 2017
Children, Young Persons, and Their Families (Minimum Rates of Payment for Board and Lodgings) Order 2017
Climate Change (Eligible Industrial Activities) Amendment Regulations 2017
Electronic Identity Verification Amendment Regulations 2017
Financial Advisers (Overseas Custodians—Assurance Engagement) Exemption Notice 2017
Financial Markets Conduct (Overseas Custodians—Assurance Engagement) Exemption Notice 2017
Fisheries (Notification of Tāngata Kaitiaki/Tiaki for Area/Rohe Moana of Ngāti Kuta-Patukeha) Notice 2017
Fisheries (Notification of Tāngata Kaitiaki/Tiaki for Area/Rohe Moana of Ngā Kaitiaki o Te Puaha—Oraeroa Marae) Notice 2017
Fisheries (Southern Bluefin Tuna Catch Documentation Scheme) Regulations 2017
Fisheries (Total Allowable Catch, Total Allowable Commercial Catch, and Deemed Value Rates) Amendment Notice 2017
Game Licences, Fees, and Forms Notice 2017
Goods and Services Tax (Grants and Subsidies) Amendment Order 2017
Health Entitlement Cards Amendment Regulations 2017
High Court Rules 2016 Amendment Rules 2017
Housing Accords and Special Housing Areas (Western Bay of Plenty) Order 2017
Hurunui/Kaikōura Earthquakes Recovery (Unreinforced Masonry Buildings) Order 2017
Immigration (Carriers’ Information Obligations) Amendment Regulations 2017
Immigration (Visa, Entry Permission, and Related Matters) Amendment Regulations 2017
Judicial Salaries and Allowances Determination 2017
Local Government Elected Members (2016/17) (Certain Local Authorities) Amendment Determination 2017
Local Government Members (2016/17) (Canterbury Regional Council) Amendment Determination 2017
Local Government Members (2016/17) (Canterbury Regional Council) Amendment Determination (No 2) 2017
Local Government Members (2016/17) (Canterbury Regional Council) Amendment Determination 2017
New Zealand General Service Medal (Bougainville) Amendment Regulations 2016
Parliamentary Annuities Determination 2017
Privacy (Information Sharing Agreement Between Ministry of Justice and Statistics New Zealand) Order 2017
Protection of Personal and Property Rights (Enduring Powers of Attorney Forms and Prescribed Information) Amendment Regulations 2017
Resource Management (Exemption) Regulations 2017
Social Security (Childcare Assistance) Amendment Regulations 2017
Social Security (Income and Cash Assets Exemptions) Amendment Regulations 2017
Social Security (Long-term Residential Care) Amendment Regulations 2017
Social Security (Rates of Benefits and Allowances) Order 2017
Social Security (Temporary Additional Support) Amendment Regulations 2017
Student Allowances Amendment Regulations 2017
Takeovers Code (Class Exemptions) Notice (No 2) 2001 Amendment Notice 2017
Taxation (Use of Money Interest Rates) Amendment Regulations 2017
Trade in Endangered Species Order 2017
Veterans’ Support Amendment Regulations 2017

In the week ahead

What’s coming up in the House

When the House resumes on Tuesday 4 April, the Government will look to progress the Family and Whānau Violence Legislation Bill, the Telecommunications (Property Access and Other Matters) Amendment Bill and a number of other bills on the Order Paper.

In trade

Tariff concessions

The following applications for tariff concessions have been made in the past two weeks:


Proposed tariff concession

Tariff item

Closing date for objections (2017)

RD 2 International

Peach puree in 20 to 200 litre bags


11 April

Nutritech International Limited

Spare and service parts of the particular vessels (regardless of tariff classification), excluding consumable items (eg those items which are not permanently fixed to, or which form part of, the vessel.

Removing the vessels M.T. Taiko and M.T. Toanui from the list.

Adding the vessels Spirit of Canterbury and Aotearoa Chief to the list.

Chapter 89

18 April

In consultation




By when (2017)

Commerce Commission

Input methodologies review of Transpower IRIS provisions draft decision.

18 April

Transpower's capex input methodology review.

28 April

Department of Conservation

Notice of intention to grant a 20 year concession to the New Zealand Transport Agency to construct a new helipad, access road and buildings on existing licence areas along Milford Road in Fiordland National Park.

18 April

New Zealand Photography Workshops Limited application for a permit to operate commercial tours for land based viewing of seals on the Wellington coastline, Wairarapa coastline, Kaikoura coastline, Catlins coastline, Otago coastline, West Coast coastline and Golden Bay coastline.

26 April

Minister of Conservation gives notice of her intention to grant a 30 year concession to Go Orange Limited to build, maintain and occupy a base building for an existing kayaking operation at Deepwater Basin in Fiordland National Park.

1 May

Notice of intention to grant a 30 year concession to Tangihua Lions Lodge Trust Incorporated for the running of an education camp in the Tangihua Forest.

10 May

Proposal of the Minister of Conservation to add 4,808 hectares of land that is managed by DOC to the Ahuriri Conservation Park.

24 May

Electricity Authority

Consultation paper on making hours-ahead price forecasts more accurate.

4 April

Consultation paper on requirements and processes for audits: inherent risk registers and updates of audit guidelines.

11 April

Information paper on the strategic review of normal frequency management.

9 May

Issues and options paper on financial transmission rights development.

9 May

Environmental Protection Agency

Consultation document on rules to protect people and the environment from hazardous substances. Contains an exposure draft of a Hazardous Property Controls Notice.

19 April

Financial Markets Authority

Disclosing non-GAAP financial information consultation paper.

7 April

Food Standards Australia and New Zealand

Application by the Winemakers' Federation of Australia to permit pectins and carrageenan as processing aids to remove heat unstable proteins from Australian produced wine.

3 April (Canberra time)

Inland Revenue Department

New Zealand's implementation of the multilateral convention to implement tax treaty related measures to prevent BEPS.

7 April

Draft Interpretation Statement on the income tax treatment of New Zealand patents.

11 April

BEPS – Transfer pricing and permanent establishment discussion document.

18 April

BEPS – Strengthening our interest limitation rules discussion document.

18 April

Draft general determination for the depreciation rate for kiwifruit overhead mesh shelters.

28 April

Questions We've Been Asked exposure draft about whether YouTube receipts are taxable.

4 May


Consultation paper on the addition of warning statements on labels of topical miconazole containing medicines in terms of their interaction with warfarin.

13 April

Ministry for Primary Industries

Proposal to amend the Maximum Residue Levels for Agricultural Compounds Food Notice 2016.

30 May

Ministry for the Environment

Consultation document in relation to proposals to improve the management of lakes, rivers and other waterbodies.

28 April

Ministry of Business, Innovation and Employment

Discussion document on management of third party risk exposure from onshore petroleum wells.

19 April

Ministry of Health

Draft respite strategy 2017 – 2022 for disability support services.

6 April

Ministry of Justice

Draft report to the United Nations Committee on Economic, Social and Cultural Rights on a periodic review of economic, social and cultural rights in New Zealand

24 April 

New Zealand Transport Agency

Guidance document for multi criteria analysis for transport business cases.

12 May


Proposed changes to the funded brand of metoprolol succinate long-acting tablets.

11 April

Reserve Bank of New Zealand

Exposure draft as part of the review of the outsourcing policy for registered banks.

26 May

Standards New Zealand

To provide information to consumers about the relative sun protection capabilities of materials and items of clothing: AS/NZS 4399:2017.

6 April

To specify a method of testing for the assessment of vertical flame spread of vertically-mounted bunched wires or cables, electrical or optical, under defined conditions. AS/NZS IEC 60332.3.21:2017 defines the apparatus, its arrangement and calibration.

AS/NZS IEC 60332.3.22:2017 specifies Category A and relates to cables installed on the test ladder to achieve a nominal total volume of non-metallic material of 7 l/m of test sample. 

AS/NZD IEC 60332.3.24:2017 specifies Category C and relates to cables installed on the test ladder to achieve a nominal total volume of non-metallic material of 1.5 l/m of test sample.

26 April

To specify the apparatus and procedure for the determination of the amount of halogen acid gas, other than hydrofluoric acid evolved in certain conditions: AS/NZS IEC 60754.1:2017.

26 April

To provide details of the test apparatus to be used for measuring smoke emission when electric or optical fibre cables are burnt under defined conditions: AS/NZS IEC 61034.1:2017.

26 April

To address procedures for the collection of oral fluid, on-site drug testing, handling and dispatch of specimens to the laboratory for initial testing and confirmatory tests. The standard is not intended for clinical use or for drug exposure detection in sport: AS/NZS 4760:2017.

27 April

Amendment to AS/NZS 2312.1:2014 provide guidance for architects, engineers, builders, the surface coating industry and users of protective services on paint coating systems for the protection of steel against corrosion: AS/NZS 2312.1:2014

8 May

To promote safe work practices and to prevent unnecessary exposure of persons working in laboratories containing sources of ionizing radiation. This standard forms part of the AS/NZS 2243 series: AS/NZS 2243.4:2017.

9 May




By when (2017)

External Reporting Board

The International Accounting Standards Board proposals to change IAS 12 Income Taxes; IAS 23 Borrowing Costs; and IAS 28 Investments in Associates and Joint Ventures.

12 April

Proposal by the New Zealand Accounting Standards Board (NZASB) and the Australian Accounting Standards Board (AASB) to review Reduced Disclosure Regime.

26 May

Ministry of Business, Innovation and Employment

Proposed legislation that would allow major urban development projects to be built more quickly.

19 May

Ministry of Education

Proposal to change the current schooling provision in Aotea, North Porirua due to ongoing roll growth issues.

13 April

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 one of the partners listed below.

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