Watching Brief – May 2017

Home Insights Watching Brief – May 2017

In politics

Greens do the business …

The release of the Green Party’s energy policy for the 2017 election demonstrates the extent to which the party is attempting to show that it is ready for Government – and the extent to which it is out-performing its Labour counterpart on delivering solid, reputable policy.

Gone is the Labour/Green policy pledge from 2014 to establish a Pharmac-style purchaser to buy all electricity generation on behalf of the country. That policy was widely criticised as an attempt to renationalise the energy generation sector. There is no hint of a similarly drastic objective this year. Instead, predictable progressive Green policies are contained in the package – including a pledge to partially pay the power bills of half a million low-income households, and to set a goal for 100 per cent renewable energy by 2030. 

However, it is the detailed policies on lines companies and electricity consumption that indicates the heavy lifting the party has done. The policy paper notes that New Zealand has 29 lines companies – and questions whether some should merge to save costs. The policy would require lines network/distribution companies to regularly consider opportunities to work together – but falls short of requiring mergers. 

The policy would also require larger electricity retailers to reduce peak demand for electricity, partly by making them offer “time of use” pricing to customers. Companies would have to offer different prices for different times of the day to better reflect the cost of generation. In addition, the policy would require lines companies to consider battery storage technology as an alternative to building new power lines.

The policy package demonstrates a shift the party has made with co-leader James Shaw at the helm.  Shaw ran for co-leadership on a platform of business experience and representing a moderate face of the party. Business New Zealand immediately welcomed the new energy policy, describing the proposals as “thoughtful” and noting the close engagement with the business community that had contributed to the policy’s development.

Given the party's 2014 energy policy, this turnaround is significant and signals a shift on the Left of New Zealand politics – that is, the Greens appear to be out-gunning the Labour Party in presenting substantive and well thought-out policy. 

This could be by design, intended to reflect the nature of the parties’ electoral accommodation pact.  Andrew Little is deliberately choosing to lead his party on the basis of only a handful of solid policies at this year’s election, giving the Greens free rein to develop comprehensive policies in the areas it has its sights on for Ministerial portfolios: transport, economic development and, now, energy. It is a vacuum that the Green Party is only too happy to fill; presenting as a force of equal – or better – measure to Labour on the Left in New Zealand politics.

In the news

Insider trading case: guilty plea

In March, the Financial Markets Authority (FMA) filed charges alleging breaches of insider trading prohibitions contained in the Financial Markets Conduct Act 2013 (Act) by an employee of Eroad, an NZX-listed transport technology company. On 11 April, the defendant pleaded guilty to one charge of being an information insider advising or encouraging another person to trade, under s 243 of the Act.

In this instance, the defendant sent text messages that divulged confidential material relating to the company's performance to a former Eroad employee. The former employee then traded 15,000 Eroad shares.

The FMA decided to withdraw two other charges against the defendant, under s 61 of the Act, for deceiving, attempting to deceive or knowingly misleading the FMA in providing evidence and for wilfully acting in contravention of an order made by the FMA. These charges were dropped as the FMA determined that its regulatory objectives had been achieved with the defendant's guilty plea to insider trading.

The former Eroad employee who received the information from the defendant also faces one charge of insider trading under s 241 of the Act, which prohibits an information insider from trading. This individual is yet to appear before the District Court.

The Court granted interim name suppression to both parties until an application for permanent name suppression is determined. A court will only grant name suppression when it is satisfied that the publication of personal details would cause extreme hardship to the defendant or to those connected to the defendant.

The defendant will be sentenced in the Auckland District Court on 13 June 2017 at 2.15pm.

The FMA's press release on the matter can be found here.

Government settles landmark pay equity claim

On 18 April, the Government announced a landmark $2 billion settlement for care and support workers. The settlement follows the claim made by E tū (formerly known as the Service and Food Workers Union) on behalf of Kristine Bartlett against TerraNova Homes and Care in 2012. The 2012 claim argued that the pay offered to care and support workers is less than what would be paid to male workers with identical skills in different occupations, and that the reason for this low pay is the fact that the workforce is predominantly female. The claim was brought under the Equal Pay Act 1972.

A catalyst for the progression of the claim was a report authored by Judy McGregor, former Equal Opportunities Commissioner. In January 2012, McGregor spent a week posing as a care worker in a rest home and concluded that aged care workers were paid significantly less than workers with similar jobs in other parts of the healthcare sector. 

The settlement will result in pay increases for the 55,000, predominantly female, care and support workers. Workers' hourly pay will increase to between $19 and $27 per hour over the next five years, with the first wave of changes commencing from 1 July 2017. The 22,000 workers currently on minimum wage (earning $15.75 per hour) will move to an hourly rate of at least $19. Health Minister Dr Jonathan Coleman stated that this would result in full-time workers currently on the minimum wage receiving more than $5,000 extra per year (or $100 extra per week). The Minister will introduce legislation to ensure that the pay increases happen in the manner agreed in the settlement.

New Zealand Aged Care Association chief executive Simon Wallace stated that the settlement will make the aged care sector more attractive to potential workers. However, as noted by the Health Minister, the settlement will possibly require increasing ACC levies (or other costs in the aged care sector) in order to be financially viable. Furthermore, Prime Minister Bill English acknowledged that the settlement may have ramifications for aged care workers in the private sector.

The Government Press Release can be found here.

Money laundering and terrorism financing risk assessment update by the Reserve Bank

On 7 April, the Reserve Bank of New Zealand (RBNZ) released an update to its sector risk assessment (SRA) of money laundering and terrorism financing risks facing the financial sector, pursuant to the Anti-Money Laundering and Countering the Financing of Terrorism Act 2009 (AML/CFT Act), which came into effect in 2013. The head of Prudential Supervision at the RBNZ, Toby Fiennes, said that the SRA is "designed to help financial institutions to better understand their own exposure to money laundering and terrorist financing risks

The overall risk assessments of the financial sectors remain unchanged. The RBNZ continues to assess banks as high risk, primarily due to the fundamental characteristics of the banking industry and the easy accessibility of banks' products and services. Non-bank deposit takers remain medium risk, despite offering similar products and services as banks. The SRA attributes this to the relatively smaller size and lesser complexity of the sector, but emphasises that existing vulnerabilities are capable of being exploited for money laundering and terrorist financing. The insurance industry remains low risk, also reflecting the smaller size and relative simplicity of the products and services covered by the AML/CFT Act.

The RBNZ commented in its report on the limitations of these sector risk assessments. The SRA does not assess the risk present after applying AML/CFT Act controls (residual risk); it only assesses the inherent risk in each sector and sub-sector. Reporting entities are expected to monitor their own residual risk levels and apply appropriate controls.

The SRA also identifies 12 key money laundering and terrorist financing vulnerabilities, including a lack of awareness, the ability to use certain products and services anonymously, and new payment technologies such as online banking and e-currencies. The most exploited vulnerability is international payments through the mainstream financial sector, with which criminals are able to create complex money trails and "jurisdictional hurdles" for law enforcement agencies.

The RBNZ's press release can be found here. The full risk assessment can be found here.

Government launches new cyber security unit

On 11 April, Communications Minister Simon Bridges launched CERT NZ, a new cyber security unit, or "Computer Emergency Response Team". CERT NZ receives cyber incident reports from businesses, organisations and individuals, tracks those incidents, and provides advice on how to best respond and prevent further incidents.

CERT NZ has five core functions and services:

  • Threat identification – reporting on any threats identified in its analysis of the international cyber security landscape and through working with other national CERTs.
  • Incident reporting – assisting with reported incidents and providing help through its website and by phone.
  • Response coordination – coordinating the response to incidents where several organisations are involved and supporting the national emergency response process.
  • Readiness support – raising awareness of cyber security impacts and best practice.
  • Vulnerability identification – analysing local data and reporting on any identified vulnerabilities.

The CERT NZ website provides information for IT specialists, businesses and individuals.  CERT NZ publishes a number of practical guides on its website, including guides for cyber security in business.  For example, guides on insider threat, data breach, Denial-of-Service, backing up data and devices, and reporting an issue. The website also advises on current cyber security threats in New Zealand as well as providing information about common cyber security threats.

CERT NZ works alongside a range of public and private organisations in the cyber security environment in New Zealand.  Some of its key referral partners are the Department of Internal Affairs, Netsafe, and New Zealand Police.  CERT NZ also works closely with other national CERT organisations.

In the Government press release, Minister Bridges said that “CERT NZ will make it easier for people at work and at home to understand, prevent and recover from cyber security incidents."

The website for CERT NZ can be found here. The Government press release can be found here.  

Commerce Commission launches s 30R review of teleco services' Standard Terms Determinations

On 10 April, the Commerce Commission launched a review under s 30R of the Telecommunications Act 2001 of seven regulated telecommunications services' Standard Terms Determinations (STDs) Price Lists in accordance with the Telecommunications Act 2001. Under the Act, the Commission may initiate a review at any time on all or any of the terms specified in an STD.

The seven proposed changes in the current review all relate to Price Lists for the communications infrastructure provider, Chorus. 

The scope of the current s 30R review is restricted to the Schedule 2 Price Lists of the STDs. The Commission is therefore not consulting on the outcome of its recent pricing and s 30R reviews.  Consultation is only available on the extent to which the updated Price Lists reflect the Commission's previous decisions.

The Commission intends to focus and simplify the review process to encourage engagement and specific objectives to:

  • Ensure the STDs are an accurate reflection of recent pricing, s 30R reviews and annual price adjustments.
  • Improve the consistency and usability of the Price Lists.
  • Reduce the cost to industry by improving the efficiency of the annual price adjustment process. 

The Commission proposes to achieve the first objective by incorporating recent pricing reviews, s 30R determinations, and annual adjustments into the STDs. This includes an updated Labour Cost Index for Chorus' Unbundled Copper Local Loop Service and Unbundled Bitstream Access Services, as well as an adjustment of pricing components for the recently determined 10GigE handover service. The Commission intends to address the second objective by updating references to terms and mechanisms, updating price indices, standardising terminology, and refining the format to improve the readability of Price Lists. The Commission aims to achieve the third objective by standardising the Labour Cost Index and the process across the Price Lists. 

Submissions on the consultation paper closed on 28 April 2017. The Commission expects to complete its review by June 2017. 

The Consultation Paper and submissions on the s 30R review can be found here.

Wellington City Council releases Draft Annual Plan 2017/2018

The newly elected Wellington City Council (WCC) has released its Draft Annual Plan 2017/2018 for public comment. Each year WCC is obliged to publish an annual plan that is consistent with its long-term plan for the decade ahead (2015-2025). WCC is currently seeking feedback on the draft plan in accordance with consultation requirements, before finalising its annual plan.

The draft plan of WCC is in keeping with its new three year Work Programme (2016-2019) which spans five broad goals – to be more resilient; to invest in smarter growth; to become more people-focussed; to increase sustainability; and to improve the way that WCC works.

The key proposals in the draft plan fit within these broad objectives. They are:

  • Removal of outdoor seating fees for restaurants and bars that offer an outdoor eating area that is fully smoke-free.
  • A rates remission of up to $5,000 for first-home/apartment builders.
  • Continued investment in the arts sector, with a half million dollars being invested in new events, public art, and support for access to venues.
  • Investing in the country's first wet house.
  • Raising the minimum wage page paid by WCC to employees to the living wage rate of $20.20.

Further, the draft plan has a heavy focus on resilience, following the November 2016 Kaikoura earthquakes. Proposals to address this include a further $89.9 million allocated to the Town Hall strengthening project. The draft plan also proposes implementing a resilience assessment of 500 Wellington homes, a programme to remove brick chimneys, as well as implementing a Seismic Intelligence System-building sensors that track changes in building structure for an earthquake. 

The WCC has also started working on its next Long-term Plan which spans the period 2018-2028. 

The final plan will be adopted on 28 June 2017. 

The draft plan can be accessed here. Submissions on the draft plan close on 19 May 2017 at 5pm. You can submit comments online here.

Commerce Commission wins appeal in Budget Loans case

The Commerce Commission has won an appeal against a District Court decision to dismiss 19 charges against two finance companies, Budget Loans Limited (Budget) and Evolution Finance Limited.

The two finance companies faced 125 charges in the Auckland District Court under s 13 of the Fair Trading Act 1986 (FTA). They were found guilty in July 2016 for 106 charges for representations made to 18 borrowers while enforcing loan contracts. Nineteen charges were dismissed, which concerned representations about the right to charge interest following a repossession of secured property in circumstances where Budget held multiple security interests.

The Commission successfully appealed the 19 dismissed charges in the High Court, arguing that lenders, under s 35 of the Credit (Repossession) Act 1997 (now repealed), were prohibited from charging interest and costs after the first security item had been repossessed and sold. Budget considered that all security items had to be repossessed and sold before they were required to stop charging interest and costs

Justice Edwards decided in favour of the Commission and held that a lender can no longer charge interest or costs, including the costs of further repossessions, once a security item is repossessed. This is because s 35 intended to give the creditor the choice between suing for the outstanding debt and repossessing any security items. Justice Edwards considered that the creditor would not be confronted with that choice if they could keep exercising their security interests and continue to charge interest and costs.

Budget also appealed all 106 convictions on multiple grounds, including whether the finance companies were acting "in trade", whether the representations were made "in trade", whether representations were made at all, and whether they were false and misleading. None of the grounds of appeal were upheld by Justice Edwards.

Section 83ZM of the Credit Contracts and Consumer Finance Amendment Act 2014 repealed the Credit (Repossession) Act. Section 83ZM expressly prohibits lenders from charging interest and fees after repossessing the first item of security under contracts which have multiple security interests after 6 June 2015.

The Commerce Commission press release can be found here.

Progress of legislation

New Bills

Electoral (Registration by Special Vote) Amendment Bill
Type of Bill: Member's
Member in Charge: Meka Whaitiri
This Bill intends to amend the Electoral Act 1993 by treating special votes cast by unregistered voters as valid votes. The Bill does so by accepting a special vote as an application to enrol to vote and a valid vote, simultaneously. The change intends to address the high number of votes that were discounted in the previous election on the basis of a voter not being enrolled. By removing a barrier to voting, the Bill aims to increase political engagement.

Friendly Societies and Credit Unions (Regulatory Improvements) Amendment Bill
Type of Bill: Member's
Member in Charge: Stuart Smith
This Bill would amend the Friendly Societies and Credit Unions Act 1982, and is intended to remove unnecessary operating and compliance costs; promote greater efficiency, innovation, and accountability; align credit unions with other financial service providers in New Zealand; and maintain the mutuality and common bond between members.

To achieve these aims, the Bill includes measures that would:

  • simplify the statutory objects of an association of credit unions to cover generally the conduct of activities for the benefit of its members and as authorised by its rules;
  • provide for the incorporation of credit unions;
  • enable credit unions and associations of credit unions in the pursuance of their objects to have all the powers of a natural person;
  • permit credit unions to provide financing to small and medium-sized enterprises that are owned by, or otherwise closely associated with, a member of the credit union; and
  • reduce the minimum number of credit union members needed for an association of credit unions to be validly constituted from seven to two.

International Transparent Treaties Bill
Type of Bill: Member's
Member in Charge: Fletcher Tabuteau
This Bill seeks to introduce a mandatory requirement for international treaties to be approved by Parliament before they are signed. At present, neither Select Committees nor Parliament has any oversight role in examining and reviewing the terms of international treaties during their negotiation.  The Bill aims to address this by obliging the Minister to present the text of an international treaty to the House, and for the House to approve it, before the Crown could make any binding action in relation to it. 

Marriage (Court Consent to Marriage of Minors) Amendment Bill
Type of Bill: Member's
Member in Charge: Joanna Hayes
This Bill intends to amend the Marriage Act 1955 to include a requirement that persons who are 16 or 17 years of age (minors), and wish to marry, must apply to the Family Court for consent. The Bill also sets out how the Court must consider an application. For example, the applicant would need to be heard by the Court. At present, minors are permitted to marry but must have parental consent. The Bill aims to address a concern that some minors may be entering into forced marriages, orchestrated by the parents of minors. 

Taxation (Annual Rates for 2017–18, Employment and Investment Income, and Remedial Matters) Bill
Type of Bill: Government
Member in Charge: Hon Judith Collins
This omnibus Bill contains taxation amendments that aim to implement two primary policy objectives.  The first is to modernise and improve the settings for the administration of the tax system. The second is to improve the current tax settings within a broad-base, low-rate framework. The main policy changes have been developed pursuant to the Generic Tax Policy Process, an interactive consultation process between the private and public sector. A set of significant changes in the Bill relate to the administration of PAYE. Those changes include: a consolidation of requirements on employers in relation to record-keeping, clarifying the circumstances in which the no notification deduction rate applies, and repealing the subsidy for PAYE intermediaries.

This Bill would introduce amendments to the following enactments:

  • Income Tax Act 2007
  • Tax Administration Act 1994
  • KiwiSaver Act 2006
  • Student Loan Scheme Act 2011
  • Goods and Services Tax Act 1985
  • Child Support Act 1991
  • Accident Compensation Act 2001
  • Income Tax Act 2004
  • Anti-Money Laundering and Countering Financing of Terrorism (Class Exemptions) Notice 2014

This Bill would also revoke the Income Tax (Payroll Subsidy) Regulations 2006.

Bills awaiting first reading

Airport Authorities (Publicising Lost Property Sales) Amendment Bill
Arbitration Amendment Bill
Companies (Annual Report Notice Requirements) Amendment Bill
Conservation (Infringement System) Bill
Crown Minerals (Protection of World Heritage Sites) Amendment Bill
Dairy Industry Restructuring Amendment Bill
Education (Tertiary Education and Other Matters) Amendment Bill
Electoral (Registration by Special Vote) Amendment Bill
Equal Pay Amendment Bill
Friendly Societies and Credit Unions (Regulatory Improvements) Amendment Bill
International Transparent Treaties Bill
Marriage (Court Consent to Marriage of Minors) Amendment Bill
Ngā Rohe Moana o Ngā Hapū o Ngāti Porou Bill
Ombudsmen (Cost Recovery) Amendment Bill
Taxation (Annual Rates for 2017–18, Employment and Investment Income, and Remedial Matters) Bill
Youth Employment Training and Education Bill

Bills defeated

Broadcasting (Games of National Significance) Amendment Bill
Member in Charge: Clayton Mitchell
Ayes 26: Green Party 14; New Zealand First 12.
Noes 95: New Zealand National 59; New Zealand Labour 32; Māori Party 2; ACT New Zealand 1; United Future 1.

Education (Teachers' Code of Ethics) Amendment Bill
Member in Charge: Hon Ruth Dyson
Ayes 58: New Zealand Labour 32; Green Party 14; New Zealand First 12.
Noes 63: New Zealand National 59; Māori Party 2; ACT New Zealand 1; United Future 1.

Bills before Select Committee

Submissions open


Select Committee

Closing date for Submissions (2017)

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

Primary Production

18 May

Domestic Violence—Victims' Protection Bill

Justice and Electoral

19 May

Family and Whānau Violence Legislation Bill

Justice and Electoral

24 May

Land Transport (Vehicle User Safety) Amendment Bill

Transport and Industrial Relations

1 June

Submissions closed


Select Committee

Report due (2017)

Anti-Money Laundering and Countering Financing of Terrorism Amendment Bill

Law and Order

24 July

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

Social Services

13 June

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

Law and Order

8 September

Customs and Excise Bill

Foreign Affairs, Defence and Trade

6 June

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

Transport and Industrial Relations

22 September

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

30 June

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

Māori Affairs

14 September

Local Government Act 2002 Amendment Bill (No 2)

Local Government and Environment

16 June

Maritime Transport Amendment Bill

Transport and Industrial Relations

16 May

New Plymouth District Council (Waitara Lands) Bill

Māori Affairs

31 May

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

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
Electronic Interactions Reform Bill as reported by the Government Administration Committee
Enhancing Identity Verification and Border Processes Legislation Bill
Food Safety Law Reform Bill
Kermadec Ocean Sanctuary Bill
Land Transport (Admissibility of Evidential Breath Tests) Amendment Bill
Land Transport Amendment Bill
Ngāi Te Rangi and Ngā Pōtiki Claims Settlement Bill
Outer Space and High-altitude Activities Bill as reported by the Foreign Affairs, Defence, and Trade Committee
Point England Development Enabling Bill as reported by the Local Government and Environment Committee
Public Collections and Solicitations (Disclosure of Payment) Bill
Rangitāne Tū Mai Rā (Wairarapa Tamaki nui-ā-Rua) Claims Settlement Bill
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
Education (Update) Amendment Bill
Insolvency Practitioners Bill
Land Transfer 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
Trade (Anti-dumping and Countervailing Duties) Amendment Bill

Acts awaiting Royal assent

Fire and Emergency New Zealand Bill
Māori Purposes Bill

Acts assented

Resource Legislation Amendment Act 2017
This Act implements approximately 40 changes to five pieces of legislation that concern resource management. The substantial changes in the Act include: 

  • Amending the provisions for National Environmental Standards in the Resource Management Act 1991 (RMA) and placing them under a new heading, 'National Direction'. The amended provisions give central Government greater power to guide Local Government when implementing resource management legislation.
  • Inserting a new section 18A into the RMA that sets out new procedural principles to govern those acting under the Act. Principles include cost-effectiveness, efficiency, and consistency.
  • Giving Local Authorities new functions in the RMA that require them to ensure the long-term development capacity of both residential and business land.
  • 'Mana Whakahono a Rohe' – the Act gives iwi a stronger role in the Resource Management process by enabling iwi to initiate negotiations and participate in decision-making processes under the RMA. Previously, the role of iwi role was restricted, unless invited by the relevant body.
  • Changes to RMA plan-making procedures by increasing the provision of public submissions and coinciding appeal rights. 
  • Introducing a ten-day fast track resource consent process for minor activities. This largely concerns controlled activities that require consents under a district plan but gives discretion to the Minister to include additional fast-track activities in a dedicated category.
  • Including natural hazard management as a matter of national importance.

Telecommunications (Property Access and Other Matters) Amendment Act 2017
This Act amends the Telecommunications Act 2001 to reduce compliance costs for Telecommunications Development Levy payers. The Act does so by addressing identified issues with the liability allocation process; reducing the time taken to obtain the consent of all parties with an interest in the property a fibre connection needs to occupy; and extending the regulatory requirements relating to the Ultra-Fast Broadband programme.

Specifically, the Act introduces a tiered system of statutory rights of access for those seeking to lay 'fibre-to-the-premises' and also provides a scheme for resolving disputes around installation. Under this new scheme, category 1 installations are those which have no enduring impact on shared property and can therefore proceed by right, provided no fewer than five working days' notice is given to all interested parties. Where a property has multiple interests overseen by a governing body (such as a unit title or company share property), category 1 installations cannot apply.

Category 2 installations are those which have greater level of impact, but where the impacts are still considered justifiable in support of the mass market roll-out of a telecommunications network. Those methods will be subject to a deemed consent regime whereby an interested party will be provided with a high-level design plan of what is proposed, and, if no objections are received on specified grounds within 15 working days, the installation can proceed by right.

Legislative instruments

Accident Compensation (Motor Vehicle Account Levies) Regulations 2017
Accident Compensation (Review Costs and Appeals) Amendment Regulations 2017
Births, Deaths, Marriages, and Relationships Registration (Fees) Amendment Regulations 2017
Civil Defence Emergency Management (Transition Period Notices) Amendment Regulations 2017
Civil Union (Prescribed Information, Fees, and Forms) Amendment Regulations 2017
Crimes Amendment Act 2005 Commencement Order 2017
Dairy Industry Restructuring (Raw Milk) Amendment Regulations 2017
Education (Export Education Levy) Amendment Regulations 2017
Financial Markets Conduct (KiwiSaver) Amendment Regulations 2017
Fisheries (Notification of Tāngata Kaitiaki/Tiaki for Area / Rohe Moana of Kahungunu ki Te Matau a Māui) Notice 2017
Governor-General (Annuities) Determination 2017
Health and Safety at Work (Asbestos) Amendment Regulations 2017
Health and Safety at Work (Major Hazard Facilities) Amendment Regulations 2017
Health and Safety at Work (Mining Operations and Quarrying Operations) Amendment Regulations 2017
Health and Safety at Work (Petroleum Exploration and Extraction) Amendment Regulations 2017
Health and Safety in Employment Amendment Regulations 2017
International Student Contract Dispute Resolution Scheme Amendment Rules 2017
Judicial Salaries, Allowances, and Superannuation (Court Martial Appeal Court and Court Martial) Determination 2017
Marriage (Fees) Amendment Regulations 2017
State Sector (Social Investment Agency) Order 2017
Tax Administration (April Flood Events) Order 2017
United Nations Sanctions (Democratic People's Republic of Korea) Regulations 2017

In the week ahead

What’s coming up in the House

When the House resumes on Tuesday, 9 May 2017, the Government will look to complete the Appropriation (2015/16 Confirmation and Validation) Bill, the Education (Update) Amendment Bill, and to progress a number of other bills on the Order Paper. Wednesday 10 May will be a Members’ Day.

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)

Hynds Pipe Systems Limited

GRP pipes and fittings for use in the construction of the Amuri Irrigation Scheme.


16 May

Lyttelton Port Company Limited

One post-Panamax capable, quayside, ship-to-shore gantry crane.


16 May

In consultation




By when (2017)

Commerce Commission

Review of Standard Terms Determinations price lists for seven regulated telecommunications services.

16 May to 1 June

Review of Milk Price Calculation 2016/17 season.

23 May

Department of Internal Affairs

Proposal for a three-year Class 4 Gambling Licence for best practice societies and clubs.

19 May

Department of Conservation

Draft Conservation Services Programme Annual Plan 2017/18 submissions on draft plan.

15 May

Proposed parking restrictions in Whakapapa Village.

19 May

Application to import and hold a whale tooth scrimshaw.

25 May

Minister of Conservation's intention to grant a concession to Milford Sound Lodge Limited to build, maintain, and occupy staff accommodation.

8 June

Minister of Conservation's intention to grant a concession to the Boys Brigade – Northern Regional Trust in relation to the Michael Stead Memorial Lodge.

8 June

Proposal to dispose of an area of conservation land in Lake Te Anau Control Gates Conservation Area.

8 June

Minister of Conservation's intention to grant a concession to Avondale College for a continued lease of part of the Tongariro Conservation Area.

14 June

Minister of Conservation's intention to grant a variation to the concession held by Tourism Milford Limited to build, maintain and occupy a lunch shelter at Lake Howden.

14 June

Environmental Protection Agency

Consultation on transitional regulations under the Hazardous Substances and New Organisms Act.

12 May

Financial Markets Authority

Improving financial information in an equity Product Disclosure Statement.

31 May

Inland Revenue Department

Draft General Determination for the depreciation rate of campervans and motorhomes.

19 May

Draft interpretation statement to consolidate IRD publications on FBT for motor vehicles.

19 May

Draft question we've been asked about the income tax treatment of key-person insurance policies where the insurance replaces lost profits as a result of the death or disablement of a key employee.

23 May

Draft question we've been asked considering whether a person who receives a non-cash dividend are subject to resident or non-resident withholding tax.

23 May

Draft general determination for the depreciation rate of a rapid DC car charging station.

10 June

Ministry for the Environment

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

19 May

Ministry of Health

Draft strategy to prevent suicide in New Zealand.

12 June

Review of New Zealand Horticultural Export Authority Fees and Levies.

15 May

Ministry for Primary Industries

Notice under the Agricultural Compounds and Veterinary Medicines Regulations 2011 exempting agricultural compounds from registration.

19 May

Proposed general export requirements for bee products.

23 May

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

30 May

New Zealand Transport Agency

Multi-criteria analysis for transport business cases guidance.

12 May


Proposal for various medicines in the neurology, immunology and nephrology therapeutic areas.

12 May

Proposal to list new cardiovascular medicines for use in DHB hospitals.

12 May

Request for tenders in relation to the supply of bulk fluids to DHB hospitals.

19 May

Request for proposals to supply respiratory equipment and consumables (including respiratory suction).

16 June

Standards New Zealand

To promote safe work practices and to prevent unnecessary exposure of person working in laboratories containing sources of ionizing radiation: As/NZS 2243.

9 May

To set out a series of methods for sampling and analysing timber preservatives and preservative-treated timber: AS/NZS 1605.1 relates to general requirements, sampling, and determination of sapwood and heartwood presence.

Relates to determination of preservative penetration by spot tests. AS/NZS 1605.2.

Relates to analysis methods for determination of preservative retention. AS/NZS 1605.3.

Relates to analysis methods for determination of preservative solution concentration. AS/NZS 1605.4.

1 June

This Standard is Part 1 of the series of 2 parts providing guidance on the management of paints containing lead and other hazardous metallic pigments and hasbeen widened to include other toxic metallic compounds in paint: AS/NZS 4361.1.

2 June

To provide requirements which are intended to reduce the risks to children when finger paints are used as intended or in a foreseeable way, bearing in mind the behaviour of children: AS/NZS 8124.7.

13 June

To set out the generic cross-industry competencies needed for work associated with electrical equipment for hazardous areas; these competencies are intended for use by any industry sector or enterprise with regard to explosion-protection related to the relevant functional areas: AS/NZS 4761.1.

23 May

To provide the Australian and New Zealand electrical industry, including manufacturers, test laboratories and regulators, with requirements and test methods for plugs and socket-outlets: AS/NZS 3112.

19 May

To specify requirements for the suitability of products for use in contact with drinking water, with regard to their effect on the quality of water: AS/NZS 4020.

5 July




By when (2017)

Commerce Commission

Input methodologies review submissions on related party transactions paper.

10 May

Review of related party transactions provisions submissions on invitation paper.

17 May

Default price-quality path reset 2017 - 2022 for gas distribution and gas transmission businesses.

21 May

Input methodologies review of Transpower IRIS provisions.

30 June

Publication of WACC for gas pipeline business and Airports with June year-end and Transpower.

31 July

Review of input methodologies for customised price-quality paths draft decision.

3 July to 29 September

Waikato and Upper North Island voltage management draft decision.

1 September 2018 to 20 September 2018

Department of Conservation

Minister of Conservation 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

Information paper on the strategic review of normal frequency management.

9 May

Issues and options paper on financial transmission rights development.

9 May

Ministry of Justice

Māori Land Court customer survey.

30 June

Reserve Bank of New Zealand

Review of the outsourcing policy for registered banks exposure draft consultation.

26 May

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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