Publications

Watching Brief – August 2017

Home Insights Watching Brief – August 2017

In politics

Infrastructure – The Race for the Passing Lane?

With polling day rapidly approaching, the inevitable flurry of pre-election policy announcements is only just beginning. Now that the leadership distractions are (probably) out of the way, there has finally been some clear air for debates on issues such as taxing water, criminal justice policy, infrastructure, and transport priorities.

When it comes to infrastructure and transport funding, what is clear is that some heavy lifting has been done by both major parties – indeed, some characterise it as a "Dutch Auction".  While some of the priorities are not new – Labour first announced its light rail and regional fuel tax policies in 2008 – what has developed is the thinking around how the parties' initiatives would be paid for. 

In particular, the Government's re-formation of Crown Fibre Holdings into Crown Infrastructure Partners to use special purpose companies to build and own new key infrastructure required substantial policy development. Treasury is understood to have previously been against special purpose vehicles, presumably on the basis that the new entity would not escape its debt limit constraints if a local council owned more than 50 percent of the new entity. Now, investment in Crown Infrastructure Partners will come from Government, local council, and private investors, who in turn will receive a stream of revenue from developers or households through targeted rates and volumetric charging.

Similarly, in respect of Labour's plan to build light rail from the CBD to Auckland Airport within a decade, the party has not committed to funding the entire project itself.  Instead, Labour is proposing targeted rates to capture the value uplift associated with the new transport links, alongside infrastructure bonds, as recommended by the Productivity Commission. 

In both cases, what is clear is that the days of central government writing a blank cheque to solve Auckland's complex and expensive infrastructure problems are gone. There are two forces driving the push towards finding new sources of revenue. The first is that local government politicians have made it clear that there is a limit to how much they can increase rates.

The second is that central government is paying close attention to concerns that Auckland is consuming too much of central government's focus and money. Picking up that concern, both the special purpose vehicle announcement and Labour's proposed regional fuel tax will be available to local governments across New Zealand – not just Auckland. While Auckland may be a rich source of potential votes for all parties, Winston Peters has shown that there is plenty of traction to be gained by pitching the regions against Auckland.

The parties' infrastructure and transport election announcements therefore demonstrate that some much-needed fresh thinking is being done on how to find new sources of revenue to pay for growing Auckland's needs. On top of the policies announced by the parties, it is likely that local governments – possibly with a helping hand of central government – are considering the contribution that the value of their assets could make to plugging funding shortfalls. The upcoming election provides a good opportunity to test just how far our political leaders' fresh thinking goes.

In the news

Business Growth Agenda Refresh

At the Trans-Tasman Circle Business lunch on Thursday 27 July held at Russell McVeagh, Minister of Finance Steven Joyce and Minister for Economic Development Simon Bridges introduced the 2017 Refresh of the Business Growth Agenda (BGA). The BGA was established in 2012 to drive a more productive and competitive New Zealand economy, and to support businesses in the wake of the 2008 global financial crisis. The 2017 Refresh "reflects the Government's ongoing commitment to responsible financial and economic management, together with a sustained programme of micro-economic reform and large infrastructure investments".

As in previous years, the Ministers highlighted various actions to be implemented across the six main working areas (exports, investment, innovation, skilled and safe workplaces, natural resources and infrastructure). The 2017 Refresh in particular is aimed at:

  • greater diversification and a higher value economy with more, and higher paying, jobs;
  • growth and resilience in the economy; and
  • promoting inclusive and sustainable growth in the regions.

The BGA also considers three cross-cutting themes, targeting Māori economic development, development in the regions, and achieving a straightforward, responsive and flexible regulatory environment.

To achieve these goals, the BGA outlines several key projects under each working area. Since 2012, 585 projects have been introduced and 318 have been completed. Thirty-eight projects were introduced in the 2017 Refresh. Significant new projects include:

  • Delivering Trade Agenda 2030 to improve international trade and investment connections, especially in the Asia-Pacific region.
  • Attracting higher levels of international investment.
  • Maximising the availability of the skilled domestic workforce and attracting skilled workers internationally.
  • Delivering the Government's budgeted $32.5 billion capital infrastructure investment over the next four years.

The 2017 BGA, and all previous BGAs, can be found here. The Government's release on the Refresh can be found here.

Parliamentary developments on assisted dying

On 2 August, the Health Select Committee released a report on public attitudes towards legal assisted dying as a response to a petition presented to Parliament by Maryan Street. The following week, the Attorney-General presented his Report on the End of Life Choice Bill's compatibility with the New Zealand Bill of Rights Act 1990. The End of Life Choice Bill is a member's bill that would create a legal framework for assisted dying in New Zealand. 

The Select Committee Report does not make any recommendations to introduce assisted dying legislation. It refers to Ms Street's primary submission in favour of assisted dying: that terminally ill individuals should be granted autonomy to make decisions related to end of life choices. The Committee examined the extent to which assisted dying could be an autonomous decision and noted that many were concerned about a range of coercive factors that would influence an individual's decision-making process such as "family pressures, financial considerations, social expectations and frame of mind."

The Select Committee Report also examined public attitudes towards assisted dying. On one hand, the Committee found high levels of support for assisted dying in public polling. The report cited a number of polls in favour of assisted dying, including a Curia Market Research poll in 2015 that indicated 66% support for a change in the law, with 20% opposed and 12% neutral or unsure. Submissions to the Committee, however, were largely opposed to the introduction of legislation. Eighty percent of submitters opposed any change in assisted dying legislation, while 20 percent favoured a law change.

The Report did disprove a number of claims of those opposed to assisted dying. First, it stated the Ministry of Health could find no evidence of adverse effects on vulnerable groups, such as ethnic minorities or the economically disadvantaged, in countries where euthanasia was legal. Second, it stated that the Ministry of Health could not find any connection between assisted dying and rates of suicide.

The assisted dying debate will now progress with the first reading of the End of Life Choice Bill. In accordance with Parliamentary procedure, the Attorney-General has reported to the House on the Bill's compatibility with the New Zealand Bill of Rights Act 1990. The Attorney-General Report found that the Bill was consistent with sections 8 (right not to be deprived to life), 13 (freedom of conscience) and 14 (freedom of expression). However, the Bill was found to be inconsistent with section 19 (freedom from discrimination) as the Attorney-General considered it was arbitrary to restrict the eligibility to those aged 18 years or over. Parliament will now consider these recommendations.

As Parliament has now dissolved in advance of the general election on 23 September, the first reading of the Bill will not take place until after a new Parliament is formed.

Ceremony at Parliament dissolves 51st Parliament

On Tuesday 22 August, New Zealand's 51st Parliament was formally dissolved. The dissolution of Parliament is a key step in the lead up to the general election and occurs every three years, at the end of each Parliamentary term. The dissolution signifies the ending of the current Parliament, meaning all bills being debated by the House, or investigations and reviews by select committees are suspended until a new Parliament is elected. Only the Queen of New Zealand or the Governor-General, acting on advice of the Prime Minister, has the power to dissolve Parliament.

The requirements for dissolving Parliament is found in section 18 of the Constitution Act 1986. The short 15-minute ceremony was open to the public and followed a well-established order of events. At 11am, an official party led by the Serjeant-at-Arms, made their way through the parliamentary foyer and onto the steps of Parliament. The New Zealand Herald of Arms Extraordinary to The Queen read a proclamation signed by the Governor-General, ordering the dissolving of parliament. The Clerk of the House of Representatives, the Deputy Clerk and the Clerk-Assistant signed the proclamation as witnesses. The ceremony was supported by a waiata by a kapa haka group from Ngāti Pōneke and the crowd was invited to sing the national anthem after the signing of the proclamation.

Parliament's dissolution officially signals the beginning of the election period. The Governor-General will now issue a writ directing the Chief Electoral Officer to hold a general election. Once the election has been held, the Governor-General will issue another proclamation to summon the 52nd parliament to meet within six weeks of the election.

Standing Orders reviewed

On 26 July, Parliament's Standing Orders Committee published its review of the Standing Orders. Standing Orders are the rules that govern all the proceedings of the House of Representatives: they establish rules about, for example, legislative procedures, select committees, the structure of debate, and appropriate standards of behaviour for members. The Orders are administered by the presiding member (usually the speaker or one of his deputies), and rulings are influenced by precedent. The Committee typically reviews the Orders once during every Parliament, and because the Orders are an important part of the constitutional framework, there is a convention that amendments are only made if they are unanimously or overwhelmingly supported.

Key points from the latest review are:

  • To reduce the number of select Committees from 13 to 12, and rearrange subject areas accordingly.
  • To include a "job description" in the Orders for Select Committee chairs.
  • For the Attorney-General to use his or her power to address a Bill's consistency with the Bill of Rights at any stage during the legislative process.
  • For the Clerk of the House to consult with members on how to make Parliament a more family-friendly workplace. The report notes that the Speaker has powers to allow, for example, members to breast or bottle feed in the chamber.
  • To lift the controversial ban on the use of parliamentary coverage for satire or denigration.
  • When debating primary legislation to implement an international treaty, Parliament will debate the select Committee Report on the Treaty and allow the Bill to pass its first reading without debate.

The House will adopt these recommendations and the changes came into effect on 23 August, the day after the dissolution of the present Parliament.

Productivity Commission releases issues paper for inquiry into low-emissions economy

On 9 August, the Productivity Commission released an issues paper as part of its inquiry into New Zealand’s transition to a low emissions economy.  

Chairman of the Productivity Commission, Murray Sherwin, described the issues paper as a vital aspect of the inquiry process, offering the Commission the opportunity "to share what we know so far and to ask questions about important areas where more information, thought and discussion is required."  

The first part of the paper provides an overview of New Zealand's international commitments to reduce emissions, New Zealand's emissions profile, and the Government's current approach to emission reductions. The next section outlines the opportunities and barriers to reducing emissions in New Zealand. In particular, the Commission notes the various sources of emissions in the New Zealand economy and how emissions from these sources could be mitigated, as well as the challenges that may arise in doing so. Mr Sherwin emphasised that moving towards a low-emissions economy "will require significant changes for New Zealand businesses and households". The sources of emissions discussed include agriculture, forestry, transport, energy, industry and waste.

The Commission then identifies a number of "core" policies and institutions relevant to addressing climate change, including direct regulation, market-based approaches, support for innovation and technology, as well as a variety of other approaches. Advantages, disadvantages and examples are provided in relation to each of these policies.

The final part of the paper is forward-looking, explaining the options available to New Zealand in transitioning towards a low-emissions economy and offering a strategy and vision for New Zealand's future. Overall, the Commission concludes (at this stage) that New Zealand is "very likely to need a mix of policies as it transitions to a low-emissions economy."

The closing date for submissions on the issues paper is 2 October 2017. The Commission is encouraging submissions to shape the nature and focus of its inquiry.

The Commission’s draft report is due in February 2018, and there will be an opportunity to make further submissions on this draft. The final report to the Government is due on 30 June 2018.

The Government’s previous announcement of the Commission’s inquiry and its terms of reference can be found here.

A copy of the issues paper can be found here. The Commission's media release can be found here.

Ombudsman releases opinion on KiwiRail Official Information Request

The full opinion of Chief Ombudsman Peter Boshier has been released following the investigation into KiwiRail's processing of an Official Information Act (OIA) request. On 4 May, Greater Auckland (an Auckland transport blog) submitted an OIA request for the business case on Auckland's proposed Third Main railway line. KiwiRail notified the Minister of Transport, who recommended that it should be withheld as it formed a part of a budget bid that was likely to be resubmitted. A redacted version of the business case was eventually published on KiwiRail's website.

On 6 June the Rt Hon Winston Peters tabled in Parliament emails between KiwiRail and the Office of the Minister of Transport alleging that the emails showed the Minister's office influencing KiwiRail to not to release information to the public. Mr Boshier considered that if these allegations were left untested, public trust and confidence in the Official Information Act could be undermined so initiated an investigation into KiwiRail's processing of the request.

Mr Boshier formed the opinion that KiwiRail did not act in a manner that was "wrong, unreasonable or contrary to law", but that there were some aspects of the processing of this request that could be "subject to a level of criticism". Mr Boshier suggested that KiwiRail should review its Official Information Act processes and offer training to staff, including a protocol about how Ministers are to be involved in the handling of requests. Mr Boshier said that his office would release a model protocol that could be used and adapted by individual agencies and their Ministers.

The full media release from the Ombudsman can be found here.

Government faces legal action against decision not to inquire into civilian deaths in Afghanistan

Deborah Manning QC has filed judicial review proceedings against the Government's decision to refuse an independent inquiry into the allegations made by Jon Stephenson and Nicky Hager in their book Hit and Run. Prime Minister Bill English announced in April that he would not launch an inquiry into the claims made in the book following a briefing from the Chief of the Defence Force Lieutenant General Tim Keating. Manning, acting for the families of people killed by the SAS, now argues that Cabinet's decision was unreasonable, unlawful and violated the principles of natural justice. 

There are two main causes of action:

  • That the Executive branch of the Government did not adequately consider the case for an Inquiry. It did not attempt a serious investigation, or even try to determine whether such an investigation was warranted: it simply referred the decision to the Chief of the Defence Force.
  • The Chief of Defence Force subsequently decided that there was no need to investigate the Defence Force. The villagers claim that this decision was pre-determined; that the Chief of Defence was biased, and failed to consider the decision on its merits.

The victims' seek relief from the High Court by way of declaring that the decision was unlawful. They will also be seeking:

  • An order quashing the refusal to hold an inquiry.
  • An order directing that an inquiry be held.
  • Costs.
Warminger abandons appeal

Mr Mark Warminger has withdrawn his appeal against the High Court’s finding that he was guilty on two counts of manipulating the market. Mr Warminger, a former portfolio manager at Milford Asset Management, was found guilty of market manipulation in relation to specific trades of Fisher and Paykel Healthcare and A2 Milk shares. He was fined $400,000 and is prevented from managing a company for five years under the Securities Markets Act 1988.

In the High Court (Financial Markets Authority v Warminger [2017] NZHC 327), Justice Venning was unable to accept Mr Warminger’s submission that (in relation to the Fisher and Paykel Healthcare shares) he was unaware that a purchaser existed for the amount of shares he bought at the time of the trades. The Court further rejected Mr Warminger’s submission that the presence of a purchaser for these Fisher and Paykel Healthcare shares was coincidental. Instead, the Court was satisfied that – on the balance of probabilities – Mr Warminger manipulated the market in relation to this trade.

Similarly, the High Court found that it was likely (on the balance of probabilities) that Mr Warminger would have known or ought reasonably to have known that his trading in A2 Milk shares was likely to have the effect of “creating a false or misleading appearance” as to the demand for A2 Milk shares, causing the price of those shares to rise above and remain at a higher price than would have been the case without his actions.

As noted above, in essence, the effect of Mr Warminger’s market manipulation was that his actions artificially raised the price of Fisher & Paykel Healthcare and A2 Milk shares. The Chief Executive of the Financial Markets Authority, Rob Everett, has cited the penalty as an example of how “serious” the consequences are for those found guilty of market manipulation. He further stated that the decision supported the FMA’s goal of “maintaining and promoting the integrity of New Zealand’s financial markets”.

Our Financial Regulation publications covered this case in further detail – latest edition available to view here.

 

Auditor-General, Martin Matthews, resigns

On Thursday 3 August, Martin Matthews resigned from his post as Auditor-General because of discontent at the way in which he handled a major fraud case in his previous role as CEO at the Ministry of Transport. The fraud case involved a Ministry employee, Joanne Harrison, who reportedly stole over $700,000 to pay off credit cards and her mortgage. Mr Matthews was found to be at fault because he failed to recognise the fraud, and act on warnings earlier; and because of the manner in which those who tried to draw attention to the wrongdoing were treated.

Mr Matthews was appointed to the role of Auditor-General on 1 February 2017. On 24 May Speaker of the House David Carter ordered a review into the conduct to determine whether Mr Matthews was still suitable to hold the position. Sir Maarten Wevers was appointed as an independent adviser to conduct a review, and report back to the House. Mr Matthews agreed to stand aside, without pay, while the review took place. Mr Matthews was given Sir Maarten Wevers' draft report at the end of June to read, before the Officers of Parliament Committee were given the draft report, with Matthews' response, on 24 July. As the Select Committee were considering the matter, Mr Matthews tendered his resignation in writing to the Speaker of the House, with immediate effect. The Select Committee decided there was no need to consider the matter further.

The report has not yet been released to the public. Radio New Zealand has suggested that the report outlined that Matthews had failed to act when concerns were raised, and had withheld information during the interview process for Auditor-General. There has also been suggestion that there was significant disagreement between the conclusions drawn in the report, and the response put forward by Mr Matthews. Last month, a parallel report from the State Services Commission was released, outlining the humiliation and negative career impacts faced by those who blew the whistle on Harrison. This report led to formal apologies and confidential settlements.

Under the Public Audit Act 2001, the Auditor-General is an officer of Parliament, appointed by the Governor-General, on the recommendation of the House of Representatives for a fixed term of up to seven years. An Auditor-General may not be reappointed. The long term and prohibition on reappointment suggest an important independence expected of the office as public watchdog and auditor of every public entity. In a statement, Mr Matthews acknowledged the importance of the public having complete confidence in the person holding the position of Auditor-General. He explained that he deemed it necessary to resign because he had been wrong and 'should have been more suspicious'.

In the Courts

Quake Outcasts v Minister of Canterbury Earthquake Recovery [2017] NZCA 332

On 1 August, the Court of Appeal released its decision in Quake Outcasts v Minister of Canterbury Earthquake Recovery [2017] NZCA 332. This appeal addressed a decision by the Crown to discriminate among landowners based on insurance status when making offers to purchase properties in the Christchurch residential red zones (RRZs) following the Canterbury earthquakes. The Court found that a decision by the Minister of Canterbury Earthquake Recovery to approve the recovery plan in 2015 was unlawful. 

In June 2011, the Government announced an offer to purchase insured residential properties in the RRZs. In September 2012, the Government extended an offer to purchase uninsured improved properties for 50 per cent of the unimproved value. The reason given by the Government for this distinction was that residential landowners ought to have appreciated the risks of not having insurance when investing in the property.   

Quake Outcasts, a group of uninsured landowners, sought judicial review of these offers. The Supreme Court in Quake Outcasts v Minister for Canterbury Earthquake Recovery [2015] NZSC 27, [2016] 1 NZLR 1, held that the offers were unlawful because they discriminated against uninsured landowners for reasons the Court found unjustifiable. The Minister and the Chief Executive of Canterbury Earthquake Recovery Authority accordingly released a reconsidered offer in August 2015, to purchase all uninsured improved residential properties for 100 per cent of the unimproved value. Several reasons were given for not paying for improvements on uninsured properties; the cost to the Crown, fairness to insured landowners who had paid premiums, and the 'moral hazard' of not wanting to disincentivise people from taking out insurance in the future.      

Quake Outcasts sought judicial review of this August 2015 offer.  In the High Court, Nation J held that the Supreme Court's judgment did not preclude the Minister and the Chief Executive from discriminating by insurance status in this latter offer. On appeal, the central question for the Court of Appeal was whether the August 2015 offer was unreasonable. In its determination, the Court had regard to the clear parameters established by the Supreme Court for how a lawful decision to discriminate between landowners could be made.

Given the Supreme Court's parameters, the Court of Appeal was bound to hold that the Minister was unjustified in relying on the "moral hazard rationale" for discrimination, because he had not considered each owner's reasons for not being insured, thereby assessing their moral responsibility. In considering the fairness to "insured owners rationale", the Court of Appeal noted that not all uninsured owners were seeking compensation for uninsured loss; many having suffered no or little loss in the earthquakes. In this way, the Court found that it was not lawful to take this factor into account without considering individual circumstances. Finally, the Court found that it was unreasonable to justify the discrimination on the basis of the extra cost to the Crown of paying for uninsured improvements, because the Minister had not estimated the full costs.     

Ultimately, the Court of Appeal declared that the decision by the Minister and Chief Executive to make an area-wide offer to uninsured landowners, rather than considering their circumstances on a case-by-case basis, limited the Crown's ability to discriminate between landowners. While this declaration represents a success for Quake Outcasts in principle, it remains open to further argument whether the recovery plan will be reopened, with the Crown offering a higher purchase price for uninsured properties. 

The full Court of Appeal judgment can be found here.

Progress of legislation

New Bills

Births, Deaths, Marriages, and Relationships Registration Bill
Type of Bill: Government
Member in charge: Hon Peter Dunne
This Bill seeks to update the regime for Births, Deaths, Marriages, and Relationships (BDM) through four key changes:

  • Repealing and re-enacting the Births, Deaths, Marriages, and Relationships Registration Act 1995 with an emphasis on neutral language, omitting redundant provisions, and renumbering provisions where required.
  • Giving effect to the recommendations arising from the Minister of Internal Affair's review of the access provisions in the 1995 Act, including allowing for greater online access and use of digital documents.
  • Updating operational provisions, including increased access to overseas BDM information, and allowing for a person's deceased children to be included on their death certificates. Currently only living children are included.
  • Amending discrete points in response to the Law Commission's review of burial and cremation law. Notably, a person making decisions about disposal of a body will need to notify the death “as soon as practicable, and no later than 3 working days, after the disposal of the [deceased] person’s body”. Currently, only the disposal of a body needs to be notified, not the death itself.

Civil Defence Emergency Management Amendment Bill (No 2)
This Bill has been passed under urgency and is discussed in the Acts Assented section below.
The Courts Matters Bill and the Tribunals Powers and Procedures Legislation Bill together form a package of amendments that will update the courts and tribunals system.

Courts Matters Bill
Type of Bill: Government
Member in charge: Hon Mark Mitchell
This omnibus Bill would amend the following legislation:

  • The Courts Security Act 1999, by expanding Court Security Officers' powers to deny entry, remove, or detain people disrupting the court process.
  • The Criminal Procedure Act 2011, by broadening the powers of a judicial officers and the registrar to issue warrants for arrest in circumstances service of summons has not beenserved. The Bill would also reclassify some category 2 offences to allow more defendants to plead by written notice so that they would not be required to appear in court.
  • The Summary Proceedings Act 1957, by including procedures that impose statutory land charges or orders for the sale of property where defendants have overdue fines of up to $5,000 or $50,000 respectively. The amendments would also increase the power of the Ministry of Justice and Court Registrars to authorise or cancel pay arrangements for fines.

The Bill would also make minor changes to eleven other Acts. Those changes include the ability to excuse jurors who do not speak fluent English, empowering registrars to communicate with jurors electronically, and reversing the order of "involvement" and the "fitness" judicial inquiry into fitness to stand trial under the Criminal Procedure (Mentally Impaired Persons) Act 2003.

Tribunals Powers and Procedures Legislation Bill
Type of Bill: Government
Member in charge: Hon Mark Mitchell
This omnibus Bill introduces changes to tribunal systems by standardising their powers and procedures. This would mean that all similar tribunals administered by the Ministry of Justice would have a standard set of powers and procedures, including the striking out of meritless applications, the summoning of witnesses, creating a new offence of failing to appear or co-operate at a hearing and the use of audio-visual facilities in appropriate cases. The Bill would also provide increased consumer protection and redress. For example, the Disputes Tribunal monetary threshold will be increased from $15,000 (or $20,000, if all parties agree) to $30,000, and the Real Estate Agents Disciplinary Tribunal will be able to award monetary compensation of up to $100,000 for financial losses arising from a real estate agent’s unsatisfactory conduct. The Bill also aims to disestablish defunct and rarely used tribunals. For example, the Boards of Appeal established under the Health Act 1956 and the Maritime Appeal Authority established under the Maritime Transport Act 1994 will be disestablished. Any cases which arise under this old jurisdiction would be heard by the District Court.

Employment (Pay Equity and Equal Pay) Bill 
Type of Bill: Government
Member in charge: Hon Michael Woodhouse
This Bill seeks to prevent discrimination, on the basis of sex in respect of remuneration and other, terms and conditions of employment. The Bill would repeal the Equal Pay Act 1972 and Government Services Equal Pay Act 1960 to create a new regime for a person to make a claim in relation to pay equity. The Bill would create three grounds on which a claim could be made: equal pay, unlawful discrimination on matters other than remuneration, and pay equity. Only those claims relating to pay equity could be resolved directly under this Bill, while the other two would be resolved under the Employment Relations Act 2000. Under the Bill, a claim in pay equity could be made if it relates to work predominantly performed by women and there are reasonable grounds to believe that the work has been historically undervalued and continues to be undervalued. The employer and employee will then enter into pay equity bargaining to agree on an enduring settlement comprising remuneration and terms and conditions of employment. Pay equity bargaining will need to involve an assessment of the nature and remuneration of the work and comparable work, and must be undertaken free from assumptions based on sex.

Financial Services Legislation Amendment Bill
Type of Bill: Government
Member in charge: Hon Jacqui Dean
This Bill creates a new framework for giving financial advice by amending the Financial Markets Conduct Act 2013 and the Financial Service Providers (Registration Dispute Resolution) Act 2008, and repealing the Financial Advisers Act 2008. Under the new regime, Financial Advice Providers (being any person carrying on a business of giving financial advice) will be required to be licensed by the Financial Markets Authority to give advice to retail clients. Any person giving financial advice on behalf of a Financial Advice Provider will need to be either engaged (employed or otherwise) by a Financial Advice Provider or registered as a financial adviser under the Financial Service Providers (Registration Disputes Resolution) Act 2008. The Bill also implements conduct and competence requirements for all those giving advice (both firms and individuals). The requirements include a duty to put the client's interests first and an obligation to disclose specific information to clients. Anyone giving financial advice to retail clients will be subject to a new Code of Conduct that is currently beingdeveloped by a recently appointed Code Working Group. The Code will set standards of competence, knowledge and skill, ethical behaviour, and client care. The Bill includes transitional arrangements to expediate implementation of the new regime, including transitional licences for industry participants, and allowing discretionary investment management services to continue to be regulated under the Financial Markets Conduct Act if they choose to. The Bill would also introduce more onerous requirements for entities wanting to be on the Financial Services Provider Register.

Military Justice Legislation Amendment Bill
Type of Bill: Government
Member in charge: Hon Mark Mitchell
This Bill seeks to align aspects of the military justice system with the criminal justice system. This Bill would amend the Armed Forces Discipline Act 1971, the Court Martial Act 2007, and the Court Martial Appeals Act 1953. This Bill would introduce the following changes:

  • Amending victims' rights so that victims of specified offences have the same rights and protections in the military justice system that they would receive in the criminal justice system, including the right to be kept informed in respect of an offender's trial.
  • Removing the requirements of the Chief of Defence Force to arrange notice of any judicial appointment to the Court Martial to be published in the Gazette. This is consistent with other regimes.
  • Amending aspects of Court Martial procedure, including aligning requirements for fitness to stand trial with the Criminal Procedure (Mentally Impaired Persons) Act 2003, providing for the Director of Military Prosecutions or the prosecutor to object to the assignment of a military member to the Court Martial, and providing that a substitute military member cannot be appointed to a Court Martial after the accused has entered a plea.
  • Amending the Armed Forces Discipline Act 1971 to remove the onus of proof from the accused. This reflects developments in the New Zealand common law.

Ngāi Tai ki Tāmaki Claims Settlement Bill
Type of Bill: Government
Member in Charge: Hon Christopher Finlayson
This Bill seeks to give effect to the deed of settlement signed on 7 November 2015 between the Crown and Ngāi Tai ki Tāmaki which agreed to a full and final settlement of all historical Treaty of Waitangi claims of Ngāi Tai ki Tāmaki. The Bill includes cultural redress such as the vesting of 15 cultural redress properties in the trustees of the Ngāi Tai ki Tāmaki Trust. In the case of the Hūnua Falls property, the vesting is joint with 3 other iwi. The Bill also includes cultural redress such as the transfer of significant properties, vesting of certain Crown owned minerals, and a right of first refusal to purchase certain areas of land. In addition, the Bill includes an apology from the Crown for past injustices.

Ngāti Tūwharetoa Claims Settlement Bill
Type of Bill: Government
Member in charge: Hon Christopher Finlayson
This Bill seeks to give effect to the deed signed on 8 July 2017 between the Crown and Ngāti Tūwharetoa. The Bill would mark the full and final settlement of all historical Treaty claims resulting from actions of the Crown in the 19th and 20th centuries, up until September 1992. It includes compensation of $25 million, the right of first refusal to purchase Government land, the return of key sites, including the Craters of the Moon tourist attraction and part of the Five Mile Bay Recreational Reserve. The Bill also includes an apology for past injustices.

Racing Amendment Bill
Type of Bill: Government
Member in charge: Hon David Bennett
This Bill seeks to amend the Racing Act 2003. The Bill would require offshore betting operators to pay to use New Zealand racing and sporting information in their betting products (an information use charge) and pay when they take bets on racing or sporting events (or both) where those bets originate in New Zealand (a consumption charge). The Department of Internal Affairs will administer the charges as the “designated authority". The Bill also provides that the Minister would set the specified rate or rates of the charges, and that regulations may be made to specify the penalty rates and the minimum betting revenue that offshore betting operators must receive for a financial year from their betting operations involving New Zealand before becoming liable to pay the charges for that year. To help administer this new regime, the Bill would allow the Board to enter into betting agreements with Sport and Recreation New Zealand in circumstances where there is no qualifying national sporting organisation for a particular sport. The Board would also have the authority to declare certain sporting events to be New Zealand sporting events. The Bill would also permit the Board to offer in-race betting. The amendments in this Bill reflect recommendations from the Offshore Racing and Sports Betting Working Group.

Social Workers Registration Legislation Bill
Type of Bill: Government
Member in charge: Hon Anne Tolley
This omnibus Bill aims to amend the social worker regime. The Bill would extend the scope of current occupational regulation so that anyone practising as a social worker or doing a job with that title would need to be registered and have a current practising certificate. This includes if a person claims to be a social worker, or holds a position or performs a role described using the words social worker, or if the person is undertaking restricted work. The registration requirement will come into force two years after the enactment of the Bill. The Bill would remove the current "experience based" pathway for the registration of a social worker, which will come into force five years after the Bill is enacted. Temporary registration provisions are included for those who are likely to meet the current experience based pathway requirements but not yet formally registered, while their applications for registration are considered. A number of other minor changes are also made, including reducing members of the Social Workers Registration Board from 10 to 7 and requiring the appointment of a board member to represent the interests of the employers of social workers.

Telecommunications (New Regulatory Framework) Amendment Bill
Type of Bill: Government
Member in charge: Hon Simon Bridges
The Bill is the outcome of a two-year review of the Telecommunications Act 2001. The Act required the Communications Minister to review the policy framework for regulating telecommunications services in New Zealand in advance of the contracts between Crown Fibre Holdings and UFB service providers (Chorus and local fibre companies) expiring in 2020 (those contracts control pricing of UFB services). The Bill (and new regulations to be made under the Bill) will largely confirm the reform package announced by Minister Bridges in June 2017. The intention is for Chorus to be subject to price-quality control and information disclosure; local fibre companies to be subject to information disclosure only; and copper to be deregulated in fibre roll-out areas (with copper products in non-fibre areas restricted to increase at the rate of inflation). The regulatory framework in the Bill largely replicates Part 4 of the Commerce Act, which currently applies to electricity and gas networks, and the three largest international airports. However, the Bill also establishes a Commerce Commission review process to allow recommendations on anchor services and prices to be prescribed by regulations.

Te Pire Haeata ki Parihaka/Parihaka Reconciliation Bill
Type of Bill: Government
Member in Charge: Hon Christopher Finlayson
This Bill seeks to give effect to the deed of reconciliation signed on 9 June 2017 in which the Crown apologised for its past actions against the Parihaka community. Those Crown actions include the imprisonment of Parihaka residents and their detention without trial; the invasion of Parihaka in November 1881 which resulted in the destruction of homes, sacred buildings, cultivations, and livestock; and the arrest and detention of Tohu Kākahi and Te Whiti o Rongomai without trial.  The Bill contains a reconciliation package that has been developed for the Parihaka community independent of the Treaty settlement process. Clause 3 of the Bill acknowledges the historical legislation that the Crown used to validate its actions which includes; the Maori Prisoners’ Trials Act 1879 (repealed 1891); the Maori Prisoners Act 1880 (repealed 1891); and West Coast Settlement (North Island) Act 1880 (repealed 1902).

Trusts Bill
Type of Bill: Government
Member in charge: Hon Amy Adams
This Bill would replace the Trustee Act 1956 and the Perpetuities Act 1964. The Bill reflects a set of recommendations made by the Law Commission following its review of general trust law from 2009 to 2013. Ultimately, the Bill preserves the power of the common law to define key aspects of Trusts law. The focus of the Bill is to make clear and accessible trust principles by legislating a number of common law principles. The Bill provides for an 18 month transition period from the date of commencement of the Bill for existing trusts. As well as codifying the law around trusts, it clarifies the law in regards to the duties and powers of trustees and beneficiaries including the general powers of trustees to manage trust property and carry out the trust; investment powers and powers to use trust property for the welfare of beneficiaries; and the power to delegate trustees’ powers and functions in specified circumstances.

The Bill also seeks to legislate for the administration of trusts including what core documents must be kept by trustees, how long they must be kept for, what basic information must be provided to beneficiaries, and the procedure to follow where trust information is withheld. The Bill abolishes the common law rule known as the rule against perpetuities and repeals the Perpetuities Act 1964 by setting a maximum duration period of 125 years for trusts. The Bill would introduce the use of alternative dispute resolution (ADR) processes to resolve disputes including for trustees where the terms of their trusts are silent. The Bill sets out what matters can be referred to ADR, the court’s oversight over an ADR process if there are any unascertained or incapacitated beneficiaries, and the court’s power to order an ADR process.

Bills awaiting first reading

Autonomous Sanctions Bill
Births, Deaths, Marriages, and Relationships Registration Bill
Conservation (Infringement System) Bill
Dairy Industry Restructuring Amendment Bill
Education (Public Good not Profit from Charter Schools) Amendment Bill
Education (Teaching Council of Aotearoa) Amendment Bill
Employment Relations (Restoring Kiwis’ Right to a Break at Work) Amendment Bill
End of Life Choice Bill
Financial Services Legislation Amendment Bill
Local Government (Freedom of Access) Amendment Bill
Military Justice Legislation Amendment Bill
Misuse of Drugs (Medicinal Cannabis and Other Matters) Amendment Bill
Newborn Enrolment with General Practice Bill
Ngā Rohe Moana o Ngā Hapū o Ngāti Porou Bill
Ngāti Tūwharetoa Claims Settlement Bill
Sentencing (Domestic Violence) Amendment Bill
Sentencing (Livestock Rustling) Amendment Bill
Statutes Amendment Bill (No 2)
Te Pire Haeata ki Parihaka/Parihaka Reconciliation Bill
Trusts Bill

Bills before Select Committee

Submissions open

Bill

Select Committee

Closing date for Submissions (2018)

Brokering (Weapons and Related Items) Controls Bill

Foreign Affairs, Defence and Trade

15 February

Court Matters Bill

Justice and Electoral

15 February

Employment (Pay Equity and Equal Pay) Bill

Transport and Industrial Relations

10 February

Heretaunga Tamatea Claims Settlement Bill

Māori Affairs

Not yet called

Ngāi Tai ki Tāmaki Claims Settlement Bill

Māori Affairs

Not yet called

Racing Amendment Bill

Primary Production

15 February

Social Workers Registration Legislation Bill

Social Services

17 February

Telecommunications (New Regulatory Framework) Amendment Bill

Commerce

16 February

Thames-Coromandel District Council and Hauraki District Council Mangrove Management Bill

Local Government and Environment

7 February

Tribunals Powers and Procedures Legislation Bill

Justice and Electoral

15 February


Submissions closed

Bill

Select Committee

Report due (2017)

Arbitration Amendment Bill

Justice and Electoral

10 November

Consumers’ Right to Know (Country of Origin of Food) Bill

Primary Production

12 October

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

Law and Order

8 November

Criminal Records (Expungement of Convictions for Historical Homosexual Offences) Bill

Justice and Electoral

6 January 2018

Domestic Violence — Victims' Protection Bill

Justice and Electoral

8 September

Education (Tertiary Education and Other Matters) Amendment Bill

Education and Science

11 November   

Friendly Societies and Credit Unions (Regulatory Improvements) Amendment Bill

Finance and Expenditure

Not yet called

Marriage (Court Consent to Marriage of Minors) Amendment Bill

Justice and Electoral

7 December

Ngāti Tamaoho Claims Settlement Bill

Māori Affairs

5 January 2018

Residential Tenancies Amendment Bill (No 2)

Local Government and Environment

Not yet called

Social Security (Stopping Benefit Payments for Offenders who Repeatedly Fail to Comply with Community Sentences) Amendment Bill

Social Services

22 August

Taxation (Annual Rates for 2017-18, Employment and Investment Income, and Remedial Matters) Bill

Finance and Expenditure

24 November

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.

Customs and Excise Bill
Electronic Interactions Reform Bill
Employment Relations (Allowing Higher Earners to Contract Out of Personal Grievance Provisions)
Amendment Bill
as reported by the Transport and Industrial Relations Committee
Family and Whānau Violence Legislation Bill as reported by the Justice and Electoral Committee
Health (Fluoridation of Drinking Water) Amendment Bill
Iwi and Hapū of Te Rohe o Te Wairoa Claims Settlement Bill as reported by the Māori Affairs Committee
Kermadec Ocean Sanctuary Bill
Ngāi Te Rangi and Ngā Pōtiki Claims Settlement Bill
Rates Rebate (Retirement Village Residents) Amendment Bill
Social Security Legislation Rewrite Bill
Subordinate Legislation Confirmation Bill (No 3) as reported by the Regulations Review Committee
Tauranga Moana Iwi Collective Redress and Ngā Hapū o Ngāti Ranginui Claims Settlement Bill

Bills awaiting third reading

Films, Videos, and Publications Classification (Interim Restriction Orders) Amendment Bill (formerly the Films, Videos, and Publications Classification (Interim Restriction Order Classification) Amendment Bill)
Food Safety Law Reform Bill
Healthy Homes Guarantee Bill (No 2)
Insolvency Practitioners Bill
Local Government Act 2002 Amendment Bill (No 2)
Māori Purposes Bill
Maritime Crimes Amendment Bill
Maritime Transport Amendment Bill
Natural Health and Supplementary Products Bill (formerly the Natural Health Products Bill)
New Plymouth District Council (Waitara Lands) Bill
Private International Law (Choice of Law in Tort) Bill
Te Ture Whenua Māori Bill

Bills withdrawn

Land Transport (Vehicle User Safety) Amendment Bill on 15 August
Legislation Amendment Bill on 20 June

Bills awaiting royal assent

Enhancing Identity Verification and Border Processes Legislation Bill
Ngatikahu ki Whangaroa Claims Settlement Bill

Acts assented

Anti-Money Laundering and Countering Financing of Terrorism Amendment Act
This Act amends the Anti-Money Laundering and Countering Financing of Terrorism Act 2009 so that the core obligations in that Act will also apply to real estate agents, lawyers, accountants, conveyancers, the New Zealand Racing Board, and some high-value dealers. These core obligations include a duty to report suspicious activity, a duty to carry out due diligence on customers, and a duty to keep records of transactions and identity and verification records. The Act also establishes the Department of Internal Affairs as the relevant anti-money laundering and countering financing of terrorism supervisor for these entities. The Act provides for practitioners to apply to a District Court Judge to assert privilege over certain documents and information. Section 139A allows for regulations to be made relating to information sharing under this Act. Before making regulations the Minister isrequIred to consult with the agencies and regulators that may be affected by the proposed regulations; the Privacy Commissioner; and any other person or body that the Minister considers may be affected by the proposed regulations.

Appropriation (2017/18 Estimates) Act
This Act provides parliamentary authorisation of the individual appropriations and changes contained in “The Estimates of Appropriations for the Government of New Zealand for the year ending 30 June 2018”. These estimates were presented to the House as part of the 2017 Budget process.

Civil Defence Emergency Management Amendment Bill (No 2)
This Act amends the Civil Defence Emergency Management Act 2002 to provide that the national civil defence emergency management strategy (National CDEM Strategy) remains in place until 9 April 2019. The Act makes this change by including a new provision in Schedule 1AA of the principal Act to this effect. The Strategy sits within the wider emergency management framework, which includes the National CDEM Plan and Guide, and supporting guidelines issued by the Director of CDEM. The National CDEM Strategy seeks to achieve four goals:

  • increasing community awareness, understanding, preparedness and participation in civil defence emergency management;
  • reducing the risks from hazards to New Zealand;
  • enhancing New Zealand’s capability to manage civil defence emergencies; and
  • enhancing New Zealand’s capability to recover from civil defence emergencies.

The current National CDEM Strategy would otherwise expire on 9 January 2018. This Act was passed under urgency.

Commerce (Cartels and Other Matters) Amendment Act
This Act makes a number of changes to the Commerce Act 1986. The Act prohibits a person from entering into a contract, arrangement or understanding that contains a cartel provision or gives effect to a cartel provision. Cartel provisions are those that relate to price fixing, restricting output, and market allocation. The definitions in the Act expand the scope of the current price fixing prohibition that concerns arrangements between competitors that "fix, control or maintain prices". The expanded prohibitions make clear that arrangements which lead to "market allocation" and "output restrictions" categories are also subject to the prohibition (and therefore there is no need to show an adverse effect on competition). The expanded prohibition is known as the "cartel prohibition".

The Act also introduces new exemptions to the cartel prohibition – namely a new exemption for "collaborative activities" (to replace the existing joint venture exemption), and a new exemption for cartel provisions that are included in vertical supply contracts (where certain requirements are met). The Act also expands the clearance regime so that the Commerce Commission will be able to grant clearance for collaborative activities that do not substantially lessen competition.

The Act also makes a number of other modifications to the Commerce Act, including a new exemption for international liner shipping, and an additional process for the Commerce Commission, and private litigants, to seek remedies in respect of business acquisitions by 'overseas persons'.

Imprest Supply (Second for 2017/18) Act
This Act provides a statutory mechanism allowing Parliament to provide the Government with the authority to incur expenses and capital expenditure during the 2017/18 year in advance of authorisation under an Appropriation Act. The Act is due to be repealed on 30 June 2018.

Land Transport Amendment Act (No 2)
This Act amends the Land Transport Act 1998 by introducing the following initiatives:

  • Creating a mandatory alcohol interlock sentence for repeat offenders of drink driving offences and certain serious first offences.
  • Giving enforcement officers, other than police, increased powers to deal with fare evasion on public transport, including the power to restrict fare evaders' access to public transport or removing them from public transport.
  • Increasing the penalties for drivers who fail to stop for police and strengthening police powers to impound vehicles involved in failing-to-stop incidents.
  • Updating the heavy vehicle regulations to align with recent changes to the Land Transport Rule: Vehicle Dimensions and Mass 2016.
  • Updating the regulatory system for small passenger services, including mandatory Braille signage, introducing exceptions for some drivers to hold "P" endorsements while transporting passengers, removing a requirement for small passenger services to display external signage. These changes make it easier for transportation services like Uber to operate.
  • Prohibiting the washing of vehicles that are not legally parked. This outlaws windscreen washers at intersections.

Ngāti Pūkenga Claims Settlement Act
This Act gives effect to the deed of settlement signed on 7 April 2013 in which the Crown and Ngāti Pūkenga agreed to the final settlement of the historical Treaty of Waitangi claims of Ngāti Pūkenga. The Act vests sites of cultural importance in Ngāti Pūkenga and includes an acknowledgment of the association between Ngāti Pūkenga and particular sites, including the Manaia Harbour and Manaia River. By way of cultural redress, the Act secures $500,000 for Ngāti Pūkenga cultural revitalisation, and $180,000 for Marae revitalisation in Manaia. The Act includes financial redress of $5 million plus interest. Lastly, the Act includes an apology from the Crown for historical injustices.

Rangitāne Tū Mai Rā (Wairarapa Tamaki nui-ā-Rua) Claims Settlement Act
This Act gives effect to the deed of settlement signed on 6 August 2016 in which the Crown and Rangitāne o Wairarapa and Rangitāne o Tamaki nui-ā-Rua agreed to the final settlement of the historical Treaty of Waitangi claims of Rangitāne. The Act vests sites of cultural significance in a post-settlement governance entity called the Rangitāne Tū Mai Rā Trust. Of note, the Act vests the Pukaha/Mount Bruce National Wildlife Centre and Scenic Reserve in the Trust which will then gift the reserve back to the Crown. The Act also establishes the Wairarapa Moana Statutory Board to act as a guardian of the Wairarapa Moana and the Ruamahanga River. The Act includes financial redress of $32.5 million plus interest and an on-account payment of $6.5 million for the purpose of cultural revitalisation. An apology from the Crown for historical injustices is also included in the Act.

Legislative instruments

Note: Some amendments have not yet been incorporated 

Accident Compensation Amendment Act 2016 Commencement Order 2017
Biosecurity Law Reform Act 2012 Commencement Order 2017
Burial and Cremation Amendment Act 2016 Commencement Order 2017
Child Support Amendment Rules 2017
Children, Young Persons, and Their Families Amendment Act (No 2) 2016 Commencement Order 2017
Children, Young Persons, and Their Families Amendment Rules 2017
Consumer Information Standards (Water Efficiency) Regulations 2017
Contract and Commercial Law (Electronic Transactions) Regulations 2017
Corrections Amendment Regulations (No 2) 2017
Customs Export Prohibition Order 2017 [This Order deemed revoked on close of 31 December 2018 unless confirmed prior to that date.]  
Customs Import Prohibition Order 2017 [This order is revoked at the close of 31 December 2018 unless it is earlier confirmed by Act of Parliament.]  
Digital Instant Game Rules 2017
District Court (Access to Court Documents) Rules 2017
District Court Amendment Rules 2017
Domestic Violence Amendment Rules 2017
Double Tax Agreements (San Marino) Order 2017
Double Taxation Relief (India) Amendment Order 2017
Earthquake Commission Amendment Regulations 2017
Education (2018 School Staffing) Order 2017
Exclusive Economic Zone and Continental Shelf (Environmental Effects—Discharge and Dumping) Amendment Regulations 2017
Family Court Amendment Rules 2017
Family Proceedings Amendment Rules 2017
Financial Advisers (Non-NZX Brokers—Client Money) Exemption Notice 2017
Financial Markets Authority (Levies) Amendment Regulations (No 2) 2017
Financial Markets Conduct (Fees) Amendment Regulations (No 2) 2017
Fisheries (Commercial Fishing) Amendment Regulations 2017
Fisheries (Cost Recovery Levies for Conservation Services) Order 2017
Fisheries (Cost Recovery Levies for Fisheries Services) Order 2017
Fisheries (Notification of Tāngata Tiaki/Kaitiaki for Area/Rohe Moana of Te Taumutu Rūnanga) Notice 2017
Gas (Dispute Resolution Scheme Membership) Class Exemption Amendment Regulations 2017
Hazardous Substances (Health and Safety Reform Revocations) Regulations 2017
Hazardous Substances and New Organisms Amendment Act 2015 Commencement Order 2017
Health and Safety at Work (Major Hazard Facilities) Amendment Regulations (No 2) 2017
Health and Safety in Employment (Pressure Equipment, Cranes, and Passenger Ropeways) Amendment Regulations 2017
High Court Rules 2016 (Commercial Panel) Amendment Rules 2017
High Court Rules 2016 Amendment Rules (No 2) 2017
Holidays Amendment Act (No 2) 2016 Commencement Order 2017
Housing Accords and Special Housing Areas (Nelson) Order 2017
Housing Accords and Special Housing Areas (Queenstown-Lakes) Order 2017
Housing Accords and Special Housing Areas (Tasman) Order 2017
Housing Accords and Special Housing Areas (Tauranga) Order 2017
Housing Accords and Special Housing Areas (Wellington) Order 2017
Housing Accords and Special Housing Areas Orders Revocation Order 2017
Income Tax (Deemed Rate of Return on Attributing Interests in Foreign Investment Funds, 2016–17 Income Year) Order 2017
Income Tax (Employment-related Remedial Payments) Regulations 2017
Land Transport (Road User) Amendment Rule 2017
Local Government (City Rail Link Limited) Exemption Order 2017
Local Government Members (2017/18) (Local Authorities) Determination 2017
Medicines Amendment Act 2016 Commencement Order 2017
Mental Health (Compulsory Assessment and Treatment) Amendment Act 2016 Commencement Order 2017
Misuse of Drugs Amendment Act 2016 Commencement Order 2017
Misuse of Drugs Amendment Regulations 2017
National Library Requirement (Phonographic Documents) Notice 2017
New Zealand Horticulture Export Authority (Fees and Levies) Regulations 2017
Privacy (Information Sharing Agreement between Inland Revenue and Ministry of Social Development) Order 2017
Privacy (Information Sharing Agreement between Ministry of Justice and Crown Law Office) Order 2017
Real Estate Agents (Exemptions) Regulations 2017  
Real Estate Agents (Licensing) Amendment Regulations 2017
Regulatory Systems (Commercial Matters) Amendment Act 2017 Commencement Order 2017
Resource Management (Forms, Fees, and Procedure) Amendment Regulations 2017
Resource Management (National Environmental Standards for Plantation Forestry) Regulations 2017
Road User Charges (Exemption Period for Heavy Electric RUC Vehicles) Order 2017
Sale and Supply of Alcohol Amendment Regulations 2017
Senior Courts (Access to Court Documents) Rules 2017
Senior Courts (High Court Commercial Panel) Order 2017
Social Security (Overseas Pension Deduction) Amendment Regulations 2017
Sports Fish Licences, Fees, and Forms Notice 2017
Tax Administration (Information Sharing with Ministry of Social Development) Order Revocation Order 2017
Taxation (Annual Rates for 2016–17, Closely Held Companies, and Remedial Matters) Act Commencement Order 2017
Telecommunications (Property Access and Other Matters) Amendment Act 2017 Commencement Order (No 2) 2017
Veterans' Support Amendment Regulations (No 3) 2017
Vulnerable Children (Children's Agencies) Order 2017
Vulnerable Children (Prescribed State Service) Order 2017

In consultation

New

Who

What

By when (2017)

ACC

Workplace health and safety incentives to help New Zealand businesses to create healthy and safe workplaces.

Ongoing

Commerce Commission

Proposal to amend information disclosure determinations for airport services, electricity distribution, and gas pipeline businesses to address identified issues for the 2018 disclosure years for airport, electricity distribution and gas pipeline services.

31 August

Review of Fonterra’s calculation of the base milk price for each season.

1 September

Powerco’s application seeking a customised price-quality path (CPP) that would allow it to upgrade its electricity lines network over five years.

22 September

Department of Conservation

Proposal to review the land classification status of St James conservation area and adjoining public conservation lands.

2 September

Minister of Conservation's intention to grant a concession to Ross Goldfields Information and Heritage Centre Inc. to lease part of the Ross Goldfields Historic Reserve under a 30-year lease.

10 September

Minister of Conservation's intention to grant an accommodation concession to NZ Deerstalkers Association (Palmerston Branch) Inc. for Staircase Hut and helipad at Waianakarua Scenic Reserve.

29 September

Environmental Protection Agency

Application for a Water Conservation Order for the Ngaruroro and Clive rivers in Hawke's Bay.

24 August

Electricity Authority

Operational review of Electricity Information Exchange Protocols consultation paper.

22 September

Operational review of register content codes.

29 September

Real-time pricing proposal consultation paper which sets out the proposed operation of the pricing mechanism and the associated amendments to the Electricity Industry Participation Code 2010.

26 September

Review of disclosure regime in response to the consultation paper Wholesale market information: Review of disclosure regime.

3 October

Financial Markets Authority

Proposed exemption from the market index requirement.

1 September

Food Standards Australia New Zealand

To permit the use of aqualysin 1 sourced from Bacillus subtilis containing the aqualysin 1 gene from Thermus aquaticus for use as a processing aid in the manufacture of bakery products. 

31 August

To seek approval for food derived from rice line GR2E genetically modified to contain increased levels of provitamin A in the grain. A1138

14 September

Consultation paper relating to beta-glucan and blood cholesterol health claims.

14 September

To revise and clarify standards relating to infant formula comprising category definitions, composition and labelling P1028.

28 September

Inland Revenue Department

Draft Standard Practice Statement ED0199: Elections to change a balance date.

25 August

Making tax simpler – Better administration of social policy.

15 September

Medsafe

Proposed change to warning statements on levels of oral non-steroidal anti-inflammatory drugs (NSAIDs) available without a prescription.

15 September

Changes to the Label Statements Database for sedating antihistamines available without prescription.

29 September

Ministry of Business, Innovation and Employment

New Zealand foreign margin requirements for over-the-counter derivatives.

24 August

Fire Safety Residential Community Housing Proposals.

11 September

Ministry for the Environment

Proposal to make the deposit of jettisoned material on the seabed in New Zealand’s EEZ a permitted activity, subject to conditions, in a wider area of the EEZ and continental shelf to the north, east and south of New Zealand.

13 September

Ministry for Primary Industries

Registration information requirements and risk to benefit analysis for Agricultural Compounds and Veterinary Medicine products.

25 August

Operational Plan specifying a mixture of regulatory and non-regulatory measures to manage interactions between the SQU6T fishery and sea lions.

7 September

Revised operational code for slaughter and dressing – chapter 5 of the Red meat code of practice.

8 September

Proposed change to the minimum level of post entry quarantine (PEQ) required for Vaccinium (blueberry) tissue culture plants imported under the import health standard 155.02.06: Importation of nursery stock.

9 September

Proposed Animal Products Notices and regulated control schemes for the transportation and handling of products for export with an Official Assurance.

22 September

New guidance section about heat treatment in the document 'Further processing code of practice' – part 1 of chapter 3.

29 September

PHARMAC

Proposal to enter into a new sole supply agreement with Pharmaco (NZ) Limited for an expanded range of CareSens self-monitoring diagnostic test meters and test strips.

25 August

Invitation to tender certain pharmaceuticals for sole supply.

28 August (alternative commercial proposal responses)
1 September (all other consultation responses)

Request for proposals for the supply of a first line enzyme replacement therapy for the treatment of Gaucher disease.

8 September

Productivity Commission

Issues paper on transitioning to a low emissions economy.

2 October

Reserve Bank of New Zealand

Consultation Document: A New Zealand Response to Foreign Margin Requirements for OTC Derivatives.

24 August

Capital Review Paper 2: What should qualify as bank capital? Issues and Options.

8 September

Standards New Zealand

To set out recommendations aimed at the provision of a visual environment conducive to the safe and efficient performance of tasks associated with hospitals and medical premises. AS/NZS 1680.2.5:2017.

4 September

To set out recommendations for the disposal of extracted cleaning wastes and recognises the need for efficient use of natural resources such as water. AS/NZS 3733:2017.

4 September

To set out pipeline safety management for the whole gas and liquid petroleum pipeline standard series. AS/NZS 2885/6:2017.

13 September

To provide requirements for designers of perimeter screens and platforms, guardrails, stairways and ladders that are permanently or temporarily attached to the perimeter screens, to reduce the risks to the safety of persons working on such platforms and to prevent objects falling from the protected perimeters of the permanent structure during construction. AS/NZS 4994.4.

10 October

This project addresses small, mainly editorial, inconsistencies in AS/NZS 1337.1:2010 Personal eye protection, Part 1: Eye and face protectors for occupational applications. The standard will amended to improve technical content and harmonisation with CEN, ANSI and ISO standards. AS/NZS 1337.1:2010 Amd 2:2017.

10 October

To provide manufacturers, specifiers, retailers, purchasers and users with test methods and requirements for general safety, strength, durability, stability and dimensions for office desks, office workstations, and tables intended to be used as office desks, for use in an indoor commercial and/or home office environments, to assist in determining the suitability of these items for their intended purpose.

11 October

To provide a concept system and general vocabulary for the field of documentation within the whole information field. It has been created with a balanced representation of major work areas in mind: documentation, libraries, archives, media, museums, records management, conservation as well as legal aspects of documentation. AS/NZS ISO 5127.

13 October

WorkSafe

Consultations on proposed hazardous substances safe work instruments (SWIs). WorkSafe will determine whether the proposed SWIs will enable those currently operating in accordance with various requirements imposed under the Hazardous Substances and New Organisms Act 1996 (the HSNO regime) can continue to be compliant under the Health and Safety at Work Act 2015 (the HSWA regime).

8 September

Current

Who

What

By when (2017)

Commerce Commission

Draft decision for technical updates to information disclosure requirements applicable to airport services relating to items identified as part of price setting event disclosures.

31 August

Department of Conservation

Submissions sought on changes in the status of New Zealand freshwater fish to inform a revision of the assessments for this group in the New Zealand Threat Classification System.

31 August

Submissions sought on changes in the status of New Zealand marine mammals to inform a revision of the assessments for this group in the New Zealand Threat Classification System.

30 September

Environmental Protection Authority

Seeking information to develop an application for reassessment of the approvals of paraquat and paraquat-containing substances.

4 September

Submissions sought about changes in status of New Zealand marine mammals.

30 September

Ministry of Justice

Māori Land Court customer survey.

30 June 2018

New Zealand Transport Agency

Consultation on multi criteria analysis for transport business cases guidance.

30 September

Productivity Commission

Inquiry into improving state sector productivity in New Zealand.

August 2018

Read more:
Watching Brief
Talk to one of our experts:
Related Expertise