Watching Brief - October 2024

Matter of Opinion

Localism - Spring or Autumn in the policy garden?

Earlier this year, Watching Brief opined that the Government's focus on localism represented one of the "golden threads" linking the coalition parties. Eleven months since taking office, localism has yet to bloom. Much more familiar themes like fiscal constraint and efficiency dominate the narrative instead. That leads Watching Brief to speculate about two mutually inclusive possibilities:

First, the current Government may conform to the overwhelming trend at play for all post-1840 governments: greater centralisation.
Second, the institutions of localism and devolved services may matter most. If so, we should look to initiatives specific to the coalition Government like social investment and charter schools, and not look at local government as a proxy for localism.

When it comes to local councils, the localism and devolution scorecard looks neutral at best. For example:

Building approvals. A proposal this week would see the number of building consent authorities reduce, suggesting that district and city councils will lose some or all of these powers.
RMA reform. Cabinet agreed to reduce the number of regulatory plans to one plan per region, jointly prepared by regional and district councils. The next round of RMA legislative reforms will reflect Cabinet's policy decisions.
Local Water Done Well. As the name says, water infrastructure services remain in local control. That said, the criteria for financial sustainability criteria sits in the hands of central government when councils need to submit Water Services Delivery Plans in September 2025.
Māori wards on councils. The 45 councils that decided to introduce Māori wards since late 2020 without polling their communities were required to vote on whether to scrap their Māori wards or constituencies. Despite all but two councils voting to retain Māori wards, all will need to hold binding referenda on the issue at the 2025 local body elections.
Council spending and activities. The Coalition Government's Q4 Action Plan released this week reinforces the idea central direction to councils, and a focus on cost of living issues, by foreshadowing potential constraints on councils when it says "take Cabinet decisions on measures to get local councils back to basics."

Although early days, a regionalised replacement for the mega-merged nationwide polytechnic, Te Pūkenga, has yet to emerge. Further, cost-constraint and budget re-allocation appears the main focus right now at Health New Zealand | Te Whatu Ora rather than greater devolved decision making to communities. The NGO sector has also not seen a flowering of localism and service devolution. As an example, an estimated 190 NGO service providers have lost contracts with Oranga Tamariki | Ministry for Children as contract rationalisation swept through the department this year.

If we do see examples of localism and increased devolution, these will likely come outside the existing institutions of central and local government. Watching Brief will keep a close eye on the following examples to see how experiments in localism and devolution emerge:

Charter schools. The legislation implementing charter schools became law this week. The Government's agenda here could create a huge shift towards localism at the level of individual schools.
Social investment. The Social Investment Agency started work on 1 July 2024 and details as to how the new department will define social investment, and how the associated social investment fund will operate, will likely emerge over the coming months. NGOs, iwi, and community providers ensuring that their delivery and reporting models complement the social investment approach as it develops looks a good path to devolved services that meet the needs of local communities.
Regional and city deals. The details remain scant, however, we know that Central Government wants some good examples proposed by and agreed with regions by the end of this Parliamentary term.

Governing is always tough, and "events" always arise. The fiscal constraints of the moment and the need to meet cost of living pressures understandably occupy the Government's attention right now. It remains to be seen whether greater service devolution and localism can survive the immediate demands of the moment and become one of the defining policy developments of the coalition.

In other news

2024 sees much of the world go to the polls. Countries with approximately 40 percent of the world's population and 60 percent of GDP have or will vote this year. Perhaps the most notable is just 32 days away – the United States Congressional and Presidential elections. As staid lawyers, Watching Brief does not get into the predictions game. That said, in the Presidential election Kamala Harris will almost certainly win more popular votes than Donald Trump. The remaining question is who can distribute votes more "efficiently" around the US by winning handfuls of swing voters in "battleground" states to win the electoral college votes that actually elect the president. The United Kingdom election provides an extreme example of the same issue. In the July 2024 election, Sir Keir Starmer's Labour Party turned 34 percent of the popular vote into 63 percent of MPs. For its foibles, MMP in New Zealand creates a truly nationwide election through the Party Vote. Therefore, the disproportionate effect of handfuls of voters based on geography no longer factors as a serious political issue here.

In the News

Charter Schools

In our previous Watching Brief (here) we discussed the creation of the Charter School | Kura Hourua Establishment Board that will guide the formation of the charter school model. Since then, the Education and Training Amendment Act 2024 (ETA Act), which gives effect to the Government's charter school policy, has been enacted. The ETA Act makes a number of amendments to the Education and Training Act 2020, including:

outlining the framework for how charter schools will be set up and operate;
establishing an Authorisation Board who is responsible for, among other things, approving new charter schools, overseeing their performance, and intervening where they are not meeting their contracted performance outcomes;
setting out the requirements for charter school contracts; and
imposing duties on charter school sponsors.

On 27 September 2024, the Associate Minister of Education, Hon David Seymour, announced the appointments to the Authorisation Board: Justine Mahon (Chair), Catherine Isaac, Neil Paviour-Smith, Professor Elizabeth Rata, Rōpata Taylor, Dee-Ann Wolferstan and partner of the firm, Doran Wyatt.

The Authorisation Board will now consider and approve charter schools' applications. The Charter School Agency will then proceed with finalising contracts with the successful sponsors. It is expected that sponsors will receive a fixed-term contract of 10 years to operate a charter school, with two rights of renewal for 10 years each. However, those fixed-term periods are conditional on contractual obligations continuing to be met.

In August, the Government noted that it had received 78 applications to open new charter schools or to convert existing state schools to charter schools. It was expected that the first charter contracts would be negotiated and signed before the end of the year, so the first schools could open for term one 2025. The Associate Education Minister has now noted that over half of the applications are unlikely to be successful, and that it is more likely the charter schools would open for 2026.

Progress on key actions under the draft Minerals Strategy to 2040

The Coalition Government has signalled its intentions for minerals to play a major role in New Zealand's export-led economic recovery. In line with this approach, the Government has progressed two key actions of its Draft Minerals Strategy for New Zealand to 2040 (Draft Minerals Strategy) (available here).

Firstly, the Government has published a draft list of critical minerals (available here). This list identifies 35 minerals considered to be:

essential to New Zealand's economy, national security and technology needs;
in demand internationally; and

susceptible to domestic and international supply disruption.

The draft list has been developed by a specialist data and analytics provider, after consultation with over 50 stakeholders within New Zealand. Once finalised, the Government's intention is for the list to contribute to New Zealand's work on important international supply chains, and to inform the Government's work on securing access to critical minerals. The Ministry of Business, Innovation and Employment (MBIE) is currently consulting on the draft list, with submissions closing on 10 October 2024. More information is available here.

Secondly, the Government commissioned Geological and Nuclear Science to complete a stocktake of New Zealand's known mineral potential and publish the findings in a report (available here). This report collates the current understanding of New Zealand's mineral opportunities and potential, and intends to inform policy advice and attract explorers and investors.

Both the critical minerals list and the stocktake were key actions, indicated to be completed within the first year, of the Draft Minerals Strategy. The aim of the Draft Minerals Strategy is to develop a minerals sector that supports the coalition Government's clean energy transition plans. MBIE consulted on the Draft Minerals Strategy earlier this year (a summary of submissions is available here), and is using submissions to inform revisions. The Government intends to finalise the Minerals Strategy before the end of 2024.

RMA reform

The Government has recently announced the final phase of its three-staged RMA Reform programme, with its intention to introduce two new pieces of legislation to replace the Resource Management Act 1991. Each Act will have its own distinct purpose, namely:

delivering urban development and infrastructure to align with the coalition Government's Going for Housing Growth programme and the 30-year National Infrastructure Plan; and
environmental protection and managing effects of activities on the environment.

The key decisions for the reform will go to Cabinet for agreement before the end of 2024, and the Government's goal is for the Bills to be introduced and passed before the next election.

You can read our fulsome update on the reforms here.

Biosecurity

The Ministry for Primary Industries (MPI) has reviewed the Biosecurity Act 1993 (Act) and has subsequently proposed legislative changes to update and modernise the Act. The Act provides the legal framework for the New Zealand biosecurity system, which regulates trade; underpins primary production and biodiversity; and interacts with other regulatory systems, such as food safety and human health. Biosecurity is also influenced by other statutory regimes such as the Resource Management Act 1991, Conservation Act 1987 and the Health Act 1956.

In the last 30 years, there have only been two substantive amendments (made in 1997 and 2012). MPI considers the amendments will make the biosecurity system more efficient and effective, while ensuring that it continues to protect the environment and support the economy. There are over 70 proposals that have been grouped into the following six topics:

system-wide issues;
funding and compensation;
border and imports;
readiness and response;
long-term management; and
surveillance and legislative interfaces.

Consultation is now open and closes on 29 November 2024. The feedback received through this process will be used to advise the Government on any future amendment bill.

Further, MPI and New Zealand Customs Service seek feedback on proposed changes to fees and levies to recover the costs of clearing and handling goods at the border. The proposal aims to improve fairness to fee payers and taxpayers, and ensure financial sustainability of the goods management system through appropriate cost recovery. A summary of the proposed fee changes can be found here. This would affect importers, exporters, freight companies, shipping companies and airlines. This consultation closes on 31 October 2024.

Overseas investment

In June, the Associate Minister of Finance, Hon David Seymour, wrote a Ministerial Directive Letter to Land Information New Zealand (LINZ). In alignment with the Government's policy on overseas investment, the letter directs LINZ, as the regulator of the Overseas Investment Act 2005, to "administer the [overseas investment] regime in a manner that focusses on realising the benefits of overseas investment to support our economic objectives".

On the basis that the majority of investment poses no-to-low risk, the letter asks LINZ to "consider every opportunity" to minimise compliance costs for investors, minimise regulatory burden, and prioritise resources towards higher risk applications. Amongst many other specific directions, the letter also sets an expectation that LINZ will assess 80% of consent applications within half the relevant statutory time frame.

Last month, it was announced that there had been as many foreign direct investment applications in July and August as in the six months prior, and that every consent decision received since the Directive Letter has been decided in under half the statutory timeframe (compared to only 13% of consent decisions between 24 November 2021 – 14 April 2024).

However, the announcement notes that Government still intends to reform the Overseas Investment Act 2005, including through the Overseas Investment (Build-to-rent and Similar Rental Developments) Amendment Bill, which is currently at the Select Committee stage.

Parliament Bill

Last month, the House of Representatives passed the first reading of the Parliament Bill (Bill). The Bill would consolidate the four Acts that currently comprise Parliament's statutory framework: the Clerk of the House of Representatives Act 1988, the Parliamentary Service Act 2000, the Members of Parliament (Remuneration and Services) Act 2013, and the Parliamentary Privilege Act 2014.

The Bill has constitutional significance as it proposes removing government's power to determine funding for Parliament, instead giving the responsibility to a cross-party group of MPs. The funding relates to that required to make Parliament function, namely the Parliamentary Service and the Office of the Clerk. These organisations provide services to MPs, such as staffing and security; administer the House and its committees; and produce Parliament TV.

Currently, the Parliamentary Service and the Office of the Clerk are funded in the same way that other public departments are. Namely, proposals are made to Treasury on the necessary funding, and this is then sent to Cabinet for final approval. However, this process is subject to the political desires of the government, which has previously resulted in budget proposals from the Office of the Clerk being rejected.

The Bill's aim in establishing the cross-party parliamentary committee to determine funding is to ensure funding remains apolitical. The proposed change will also align the funding approach with the funding mechanism currently used for other independent groups that work for the House of Representatives, and not for the government – the Parliamentary Commissioner for the Environment; the Ombudsman; and the Controller and Auditor General. These entities are all funded by a cross-party parliamentary committee called the Offices of Parliament Committee.

Leader of the House, Hon Chris Bishop, established a new committee to consider the Bill to ensure bipartisanship. The Bill has been referred to a special select committee for six months, with Hon Chris Bishop stating his intent to pass it into law in 2025. Submissions on the Bill are open until 6 November 2024.

Ministry for Regulation

On 10 September 2024, the Regulation Minister, Hon David Seymour, released the Ministry for Regulation's first Strategic Intentions document. This document sets out the Ministry's work programme for the next 12 to 18 months, as well as its strategic priorities, namely:

lead the reform of the regulatory policy process;
partner to deliver improvements to existing regulation;
invest in the capability of regulatory leaders;
set expectations around the performance of regulatory systems; and
establish the Ministry's role and operating model.

The Ministry has already begun implementing this work programme with its first two regulatory reviews underway. The first regulatory review is in the early childhood education sector. The review is considering the regulatory systems for education, health, safety, child protection, food safety, buildings and workplaces in the early childhood education sector. The public submissions for the review have closed, with the Ministry now considering the feedback. It is due to report to the Government in November / December 2024.

The second regulatory review is in the agricultural and horticultural products sector. This review is considering the approval pathway for new agricultural and horticultural products, to assess whether the current approval pathway is maintaining an appropriate balance between access to new products and managing risk. Public submissions and feedback on this review have also closed, with the Ministry now analysing the submissions. The Ministry will then provide a report to the Minister for Regulation, the Minister for the Environment, and the Minister for Food Safety. This will be followed by a Cabinet paper seeking decisions on any recommendations and next steps.

It is proposed that the Ministry reports back in December 2024 and the Cabinet paper is provided in February 2025.

In Trade

Closer economic relations around the Pacific

In September, Trade Minister, Hon Todd McClay, hosted Australian Trade Minister Don Farrell for the annual Closer Economic Relations (CER) Trade Ministers’ meeting, as well as Minister Farrell and Fijian Deputy Prime Minister and Trade Minister Hon Manoa Kamikamica for the first trilateral trade meeting.

The CER discussion focussed on how New Zealand and Australia could build on the current trading relationship between the two nations, worth $32 billion annually. The Ministers celebrated the success of the CER over the last 41 years, attributing that success to the parties' willingness to consistently add to the agreement, ensuring it remains fit-for-purpose. Specific items for discussion included:

reaffirmation of the parties' commitment to Pillar One of the Trans-Tasman Roadmap to 2025;
the need for further work to modernise the Single Economic Market in line with Prime Ministers' direction;
support for the Prime Ministers' commitment to reinvigorate the Trans-Tasman Mutual Recognition Arrangement;
the importance of addressing non-tariff barriers;
digital trade, forestry matters, and climate goals; and
the World Trade Organisation (WTO) Agreement on Fisheries Subsidies.

The meeting emphasised both parties' commitment to regional economic integration and the rules-based global trading system with the WTO at its core.

This emphasis was further reflected in the trilateral talks with Minister Kamikamica, which also focussed on shared international trade priorities, including PACER Plus. PACER Plus establishes a common set of trading rules for the region, aimed at making it easier for businesses to trade throughout the Pacific and further afield. Ten Pacific Island Forum members have signed PACER Plus: Australia, Cook Islands, Kiribati, New Zealand, Niue, Samoa, Solomon Islands, Tonga, Tuvalu, and Vanuatu. New members are imminent, as Nauru has signed (but not yet ratified) the agreement, and the Fijian Government has completed the first rounds of initial consultations and is currently completing its feasibility assessment.

Other items for discussion in September included:

Fisheries – with Ministers affirming the importance of parties ratifying the WTO Agreement on Fisheries Subsidies to accelerate its entry into force. Other initiatives were also discussed, including a proposal for like-minded countries to develop and lead a Coalition against overcapacity and overfishing.
Agriculture – with Ministers recognising the important role of agricultural trading rules in reducing trade barriers; promoting the environmental sustainability of food systems; and enhancing global food security, particularly for Small Island Developing States.
The Indo-Pacific Economic Framework (IPEF) – with Ministers welcoming Fiji and New Zealand’s ratification of the IPEF Agreements on Supply Chains, the Clean Economy and the Fair Economy, and Australia’s substantial progress towards completing ratification. The participating countries in IPEF are Australia, Brunei Darussalam, Fiji, India, Indonesia, Japan, the Republic of Korea, Malaysia, New Zealand, the Philippines, Singapore, Thailand, the United States and Vietnam. Fiji is seen as providing an important voice for Pacific Island countries and Small Island Developing States in the IPEF.

NZ and UAE conclude trade agreement

On 26 September 2024, Hon Todd McClay, Minister for Trade, announced that negotiations on a new Comprehensive Economic Partnership Agreement (CEPA) between New Zealand and the United Arab Emirates (UAE) had been concluded, which marks New Zealand's first free trade agreement in the Middle East.

Negotiations on the CEPA were launched on 7 May 2024 between Minister McClay and UAE Trade Minister, Dr Thani bin Ahmed Al Zeyoudi, and were concluded as part of Minister Al Zeyoudi's recent trip to Wellington. The negotiations were described by Minister McClay as New Zealand’s fastest-ever trade agreement negotiation, having been concluded in just over four months.

Key outcomes from the CEPA are expected to include:

greater access to the UAE market through the removal of duties, with 98.5% of exports becoming duty-free immediately upon the CEPA coming into force, rising to 99% within three years;
the introduction of rules that improve transparency and non-discrimination for New Zealand service exporters, including in respect of professional services, education services, and services within the audio-visual and gaming sectors;
increased cooperation between New Zealand and the UAE across the agriculture, sustainable energy, aviation and maritime sectors;
reduced regulatory barriers for Māori businesses in sectors such as agribusiness, tourism and food, and digital trade, as well as protections for Māori genetic resources and the names and uses of plants, including mānuka; and
promotion of the interests of women and protection of labour rights and climate change laws and regulations.

As part of the announcement, Minister McClay highlighted the importance of New Zealand's relationship with the UAE and the opportunities represented by the CEPA. For example, trade between New Zealand and the UAE was valued at NZ$1.3 billion in the year to June 2024, with New Zealand exports comprising NZ$1.1 billion of that total value. This makes the UAE one of the 20 largest export markets for New Zealand, as well as one of the largest markets in the Middle East, across a range of key exports including dairy ($718 million), industrial products ($237 million), red meat ($46 million), horticulture ($44 million), and travel services ($31 million).

The potential opportunities to New Zealand businesses have also been emphasised by the Ministry of Foreign Affairs and Trade, describing the UAE as one of the wealthiest countries in the world on a per-capita basis, with a fast-growing economy built on financial services, logistics, transport and petroleum. The conclusion of the CEPA follows over 20 other countries that have signed similar deals with the UAE, including Singapore, India, Indonesia, Israel, Turkey and Cambodia.

With the negotiations concluded, New Zealand and the UAE will now work towards signing the CEPA, at which point both sides will commence their respective legal processes to bring the CEPA into force. For New Zealand, this process includes parliamentary scrutiny of the text of the CEPA and an opportunity for the public to make submissions. Once a Select Committee report has been completed, Parliament will then consider the legislation required to implement the CEPA.

In the House

The House will resume sitting on Tuesday 15 October. In that week, the Government has indicated that the House will consider the second readings of the:

Gambling (Definition of Interactive Gambling) Amendment Bill;
Fisheries (International Fishing and Other Matters) Amendment Bill; and
Resource Management (Freshwater and Other Matters) Amendment Bill.

Wednesday will be a member's day.

Progress of Legislation - September 2024

Bills Introduced

Arms (Shooting Clubs, Shooting Ranges, and Other Matters) Amendment Bill
Type of Bill: Government
Member in charge: Hon Nicole McKee

This Bill aims to support public safety outcomes by simplifying some regulatory requirements contained in the Arms Act 1983. The current regulatory regime requires particular standards to be met for the certification of a club or range and provides for the suspension and cancellation of that certification. The existing regime would be maintained for pistol shooting clubs and ranges. For non-pistol shooting clubs or ranges, the Bill would replace existing requirements with a simpler regime that requires clubs and ranges to be enrolled but does not impose further conditions on enrolment. It would also allow temporary non-pistol shooting ranges to operate to facilitate competitions and events. The Bill would preserve existing mechanisms allowing the New Zealand Police to inspect shooting clubs and ranges and issue improvement notices where a club or range does not comply with regulatory requirements, subject to minor modifications clarifying the frequency of inspections and to reflect the amendments made by the Bill.

Budapest Convention and Related Matters Legislation Amendment Bill
Type of Bill: Government
Member in charge: Hon Paul Goldsmith

This omnibus Bill would align New Zealand's legislation with the requirements of the Council of Europe Convention on Cybercrime, also known as the Budapest Convention. The Budapest Convention is an international treaty which provides a framework for cybercrime laws to facilitate cooperation and consistency in criminal investigations and prosecution between member countries. The Bill would amend various Acts (eg the Search and Surveillance Act 2012 and Crimes Act 1961) to align New Zealand's legislation to the Budapest Convention in a way consistent with human rights, allowing New Zealand to accede to the Convention.

Building (Earthquake-prone Building Deadlines and Other Matters) Amendment Bill
Type of Bill: Government
Member in charge: Hon Chris Penk

This Bill would amend the Building Act 2004 to extend the time required for earthquake-prone buildings to be remediated by four years, with a limited power to extend deadlines by a further two years. The change would apply to buildings with deadlines that have not expired as of 2 April 2024 and apply retrospectively from that date.

The Bill would also clarify that independently qualified persons must only issue a certificate for a specified system (required for building warrant of fitness) if requirements stated in the compliance schedule have been fully complied with in the previous 12 months. It would be an offence to issue a certificate without meeting these requirements.

Building (Overseas Building Products, Standards, and Certification Schemes) Amendment Bill
Type of Bill: Government
Member in charge: Hon Chris Penk

This Bill would amend the rules relating to overseas building products entering New Zealand's building product market and being used in New Zealand buildings as contained in the Building Act 2004. This is in response to the Commerce Commission's residential building supplies market study which recommended clear compliance pathways for building products and less barriers for the use of new or competing building products. It proposes to:

provide that the Minister for Building and Construction may recognise overseas standards or standards certification schemes by notice;
streamline the citing of international standards that can be used with acceptable solutions and verification methods to comply with the building code; and
require building consent authorities to accept building products or methods that are certified under an overseas product certification scheme and recognised by the chief executive of the Ministry of Business, Innovation, and Employment by notice.

These changes target each stage of the building product assurance system and more generally, improve competition in the building industry.

Climate Change Response (Emissions Trading Scheme Agricultural Obligations) Amendment Bill
Type of Bill: Government
Member in charge: Hon Simon Watts

This Bill would amend the Climate Change Response Act 2002 (CCRA) to remove agriculture activities from the New Zealand Emissions Trading Scheme (NZ ETS). The CCRA currently requires agricultural processors to surrender New Zealand units (NZUs) from 2025, and animal farmers to meet reporting obligations from 2026 and surrender NZUs from 2027. Consequential revocations and amendments are also made to other legislation.

Crown Minerals Amendment Bill
Type of Bill: Government
Member in charge: Hon Shane Jones

This Bill proposes to amend the Crown Minerals Act 1991 to repeal the previous Labour Government's 2018 ban on new petroleum exploration permits outside of onshore Taranaki.

The Bill would also:

reinstate the purpose of the Crown Minerals Act 1991 to "promote" (rather than "manage") mining activities and the Minister's function to "attract permit applications";
extend the exclusive-use time frame for existing speculative prospectors impacted by the ban;
provide greater flexibility on the financial securities that may be accepted by the Minister under the decommissioning regime;
restrict trailing liability for decommissioning costs to the permit holder, licence holder or participant that most recently transferred their permit or licence to the current permit or licence holder, rather than all previous permit/licence holders;
provide perpetual liability post-decommissioning, whereby permit holders who have completed their decommissioning obligations will remain liable for existing wells and infrastructure left in situ rather than be required to provide financial security to ensure the performance of post-decommissioning obligations;
allow the Minister to issue an optional Government policy statement to set out the Government’s objectives and priorities in relation to the mining of Crown owned minerals and petroleum; and
introduce a new permit class (Tier 3) for small-scale, non-commercial gold mining activities.

To meet the Government's timeline of passing legislation by the end of 2024, the Select Committee stage has been condensed and will report back to Parliament on the Bill by 31 October 2024. See our recent Energy Blog article for commentary on the context of the Bill and the key changes proposed.

District Court (District Court Judges) Amendment Bill
Type of Bill: Government
Member in charge: Hon Paul Goldsmith

This Bill would amend the District Court Act 2016 to increase the maximum number of District Court Judges that can be appointed at any time, by one, from 182 full-time equivalents to 183 full-time equivalents. The amendment seeks to assist the District Court's increasing workload and to support the implementation of reforms in the Sentencing (Reform) Amendment Bill, which would require another District Court Judge to support a likely increase in sentencing events.

Submissions on this Bill are open until 29 October 2024.

Gambling (Definition of Remote Interactive Gambling) Amendment Bill
Type of Bill: Government
Member in charge: Hon Brooke van Velden

This Bill would amend the Gambling Act 2003 to permanently allow class 3 gambling in the form of a lottery to be conducted remotely. A temporary exemption from the prohibition on remote interactive gambling was placed in 2020 to enable specified class 3 operators to conduct their lotteries remotely during the COVID-19 pandemic. The current exemption is set to expire on 31 October 2024.

Land Transport (Drug Driving) Amendment Bill
Type of Bill: Government
Member in charge: Hon Simeon Brown

This Bill would amend the existing regime to enable the use of random roadside oral fluid screening tests to detect drug-impaired drivers. The key changes proposed by the Bill to the Land Transport Act 1998 are:

the introduction of a new device approval criteria to reflect limitations of testing devices such as the risk of false positives;
a new process that any positive roadside test will be followed up with a second oral fluid screening test before being disqualified from driving for 12 hours;
a requirement of laboratory testing of oral fluid before the issuance of an infringement notice; and
the inclusion of a review provision which will require an independent review of the amendments to be carried out three years after commencement.

Marine and Coastal Area (Takutai Moana) (Customary Marine Title) Amendment Bill
Type of Bill: Government
Member in charge: Hon Paul Goldsmith

This Bill seeks to amend the Marine and Coastal Area (Takutai Moana) Act 2011 to define the applicable requirements for recognition of customary marine title and to alter aspects of the law that are expressed in certain judgments specified in the Bill, including the 2023 New Zealand Court of Appeal decision of Whakatōhea Kotahitanga Waka (Edwards) v Te Kāhui and Whakatōhea Māori Trust Board. Changes to the law that this Bill would action include to provisions that:

define an applicant group's exclusive use and occupation of a specified area of the common marine and coastal area from the start to the end of the applicable period;
require that no substantial interruption has occurred to the applicant group's exclusive use and occupation of that area from the start to the end of the applicable period; and
clarify what the applicant group must prove in an application for the recognition of customary marine title in that area.

The amendments that would be inserted by this Bill would not apply to or affect a decision relating to whether customary marine title exists in an area made before or at midnight on 25 July 2024.

This Bill is currently with the Justice Committee and public submissions are open. The closing date for submissions is 15 October 2024 and the Justice Committee's report is due on 5 December 2024.

Parliament Bill
Type of Bill: Government
Member in charge: Hon Chris Bishop

This omnibus Bill proposes to consolidate and replace the four Acts that currently relate to the operation of Parliament (the Clerk of the House of Representatives Act 1988, Parliamentary Service Act 2000, Members of Parliament (Remuneration and Services) Act 2013 and Parliamentary Privilege Act 2014) and repeal the Legislative Council Abolition Act 1950.

The Bill would also make several policy changes, including:

providing parliamentary security officers with statutory powers of consent search, denial of entry, temporary seizure of specified items, and temporary detention (subject to limitations), which would apply in respect of the parliamentary precinct, off-site parliamentary meetings, and in some circumstances electorate and community offices;
providing a new funding model for the parliamentary agencies (the Parliamentary Service and the Office of the Clerk), where appropriations would be recommended by a parliamentary select committee rather than determined by the contestable process currently applying to all public sector agencies;
amending rules relating to the funding of work-related expenses for Members of Parliament;
changing the governing provisions of parliamentary agencies including employment provisions which would extend statutory immunity for good faith acts and omissions to staff of the Office of the Clerk; and
other policy changes related to the Clerk of the House of Representatives, Parliamentary Library and Librarian, chief executive of the Parliamentary Service, Speaker and Deputy Speaker, the Parliamentary Service Commission, eligible candidates and the Remuneration Authority.

It is intended that the Bill will be divided at select committee or Committee of the whole House stage into the Parliament Bill and the Parliament (Repeals and Amendment) Bill. Submissions are now open until 6 November 2024.

Secondary Legislation Confirmation Bill
Type of Bill: Government
Member in charge: Hon Chris Bishop

This Bill would prevent the revocation of certain secondary legislation that would be revoked at the stated time designated in the relevant Act unless earlier confirmed by an Act of Parliament. It would confirm secondary legislation made between 1 July 2023 and 30 June 2024. It would repeal the Secondary Legislation Confirmation Act 2023 (2023 No 67), and confirm the specified regulations and orders made under the following Acts:

the Agricultural Compounds and Veterinary Medicines Act;
the Commodity Levies Act 1990;
the Customs and Excise Act 2018;
the Food Act 2014;
the New Zealand Superannuation and Retirement Income Act 2001 and Social Security Act 2018; and
the Tariff Act 1988.

The select committee report is due on 29 November 2024.

Sentencing (Reform) Amendment Bill
Type of Bill: Government
Member in charge: Hon Paul Goldsmith

This Bill would amend the Sentencing Act 2002, proposing to:

amend sentencing principles to give consideration to information provided to the court about victims' interests;
introduce new aggravating factors, to deter:

crimes against public transport passenger service workers, sole charge workers, and those whose businesses and homes are connected;
aiding or abetting children and young people to offend; and
livestreaming or posting serious crimes online.

limit the use of sentence reductions to 40% of the sentence when considering mitigating factors;
implement a sliding scale setting out maximum sentence reductions for guilty pleas corresponding to when in the court process the plea is entered;
prevent repeat use of sentence reductions for youth and for remorse; and
encourage the use of cumulative sentencing for offences committed while on bail, in custody or on parole.

Submissions are open until 29 October 2024.

Sentencing (Reinstating Three Strikes) Amendment Bill
Type of Bill: Government
Member in charge: Hon Nicole McKee

This Bill is an omnibus bill that would reinstate the three-strikes regime for sentencing repeat serious offenders. This Bill provides for three stages of escalating penalties and the following features:

the regime will cover 42 qualifying offences (most of the serious violent and sexual offences in the Crimes Act 1961);
applicable only if the sentence of imprisonment would be more than 24 months;
warnings given at each stage;
offenders who commit murder will receive life imprisonment with a specified mandatory period of imprisonment of 17 years (at second strike) and 20 years (at third strike);
a manifest injustice exception that will apply to all mandatory elements of the regime;
a limited exception that will allow the court to reduce the term of imprisonment when the offender pleads guilty;
application of the regime to individuals aged 18 years or older at the time of the offending;
no retrospective application of the regime - strikes from the previous three-strikes regime will not be carried across to the new regime; and
clarification of the availability of mental health orders under the Criminal Procedure (Mentally Impaired Persons) Act 2003 for three-strikes offenders.

The Justice Committee's report is due on 5 December 2024.

Smokefree Environments and Regulated Products Amendment Bill (No 2)
Type of Bill: Government
Member in charge: Hon Casey Costello

This Bill aims to strengthen the regulatory framework around the supply of vaping products. It would amend the Smokefree Environments and Regulated Products Act 1990 to:

ban the manufacture, sale, supply and distribution of disposable vapes;
increase penalties for the unlawful sale of regulated products to minors;
impose restrictions on retail visibility for vaping products; and
introduce proximity restrictions that limit the ability of specialist vape retailers to be established near schools, marae and early childhood centres.

The Health Committee's report is due on 12 March 2025.

Social Workers Registration Amendment Bill
Type of Bill: Government
Member in charge: Hon Louise Upston

This Bill would make policy adjustments and technical amendments to the Social Workers Registration Act 2003 with the purpose of improving the effectiveness and efficiency of its operation. It aims to reduce delays, update the language and address inconsistencies created from the amendments made under the Social Workers Registration Legislation Act 2019.

Submissions close on 6 October 2024 and the select committee report is due on 27 February 2025.

Statutes Amendment Bill
Type of Bill: Government
Member in charge: Hon Nicole McKee

This is an omnibus Bill that seeks to amend 42 different Acts. These amendments include clarifications and/or repeals of existing sections, new additions to existing legislation and consequential amendments to other Acts and regulations. Some of the Acts this Bill would amend include the:

Accident Compensation Act 2001;
Anti-Money Laundering and Countering Financing of Terrorism Act 2009;
Births, Deaths, Marriages, and Relationships Registration Act 2021;
Building Act 2004;
Conservation Act 1987;
Credit Contracts and Consumer Finance Act 2003;
Criminal Records (Clean Slate) Act 2004; and
Privacy Act 2020.

Taxation (Annual Rates for 2024–25, Emergency Response, and Remedial Measures) Bill
Type of Bill: Government
Member in charge: Hon Simon Watts

This is an omnibus Bill that would amend the following Acts:

Income Tax Act 2007;
Tax Administration Act 1994;
Goods and Services Tax Act 1985;
KiwiSaver Act 2006;
Gaming Duties Act 1971;
Stamp and Cheque Duties Act 1971;
Income Tax Act 2004;
Taxation (Annual Rates for 2022–23, Platform Economy, and Remedial Matters) Act 2023;
Child Support Act 1991; and
Local Government Act 2002.

The policy proposals in this Bill fall broadly into three categories:

setting the annual rates of income tax for the 2024-2025 tax year;
implementing a broad-base, low-rate framework that underpins the Government's revenue strategy; and
changes to the settings for tax administration, the GST regime, KiwiSaver and social policy rules administered by Inland Revenue.

Some of the proposed changes include:

the introduction of a mechanism that would allow certain tax relief measures to be activated through an Order in Council when an emergency event occurs;
the incorporation of the OECD's Crypto-asset Reporting Framework and Amendements to the Common Reporting Standard (CARF) into New Zealand law, which sets out the reporting of tax information on transactions in crypto-assets in a standardised form;
allowing New Zealand borrowers paying interest to a foreign lender who did not register a security for approved issuer levy on time, to retrospectively register the security;
changes to two thresholds relating to exempt employee share schemes; and
a "one-off" sharing of IRD numbers and contact information between Inland Revenue and the Ministry of Business, Innovation and Employment to encourage take-up of the New Zealand Business Number (unique business identifiers) by unincorporated entities.

Submissions are due on 9 October 2024 and the Finance and Expenditure Committee's report is due on 28 February 2025.

Therapeutic Products Act Repeal Bill
Type of Bill: Government
Member in charge: Hon Casey Costello

This Bill would repeal the Therapeutic Products Act 2023 (TPA). The TPA is yet to commence (1 September 2026) but intends to replace the Medicines Act 1981 (Act) and the Dietary Supplements Regulations 1985 (Regulations). The current Government proposes developing new regulations of medicines, medical devices and natural health products. The existing Act and Regulations would continue in force in the interim. This Bill would also reverse a consequential amendment to the Food Act 2014 made by the TPA and revert the expiry date of the Dietary Supplements Regulations 1985 to 1 March 2026.

The select committee report on this Bill is due on 1 November 2024.

Bills awaiting First Reading

Bills defeated, withdrawn or discharged

Bills before Select Committee

Submissions Open

Bill	Select Committee	Closing date for Submissions
Smokefree Environments and Regulated Products Amendment Bill (No 2)	Health	4 October 2024
Social Workers Registration Amendment Bill	Social Services and Community	6 October 2024
Taxation (Annual Rates for 2024–25, Emergency Response, and Remedial Measures) Bill	Finance and Expenditure	9 October 2024
Marine and Coastal Area (Takutai Moana) (Customary Marine Title) Amendment Bill	Justice	15 October 2024
Arms (Shooting Clubs, Shooting Ranges, and Other Matters) Amendment Bill	Justice	29 October 2024
District Court (District Court Judges) Amendment Bill	Justice	29 October 2024
Sentencing (Reform) Amendment Bill	Justice	29 October 2024
Parliament Bill	Parliament Bill	6 November 2024
Building (Overseas Building Products, Standards, and Certification Schemes) Amendment Bill	Transport and Infrastructure	14 November 2024

Submissions closed

Bill	Select Committee	Report due
Gambling (Definition of Remote Interactive Gambling) Amendment Bill	Governance and Administration	10 October 2024
Restoring Citizenship Removed By Citizenship (Western Samoa) Act 1982 Bill	Governance and Administration	10 October 2024
Te Pire Whakatupua mō Te Kāhui Tupua/Taranaki Maunga Collective Redress Bill	Māori Affairs	10 October 2024
Te Korowai o Wainuiārua Claims Settlement Bill	Māori Affairs	12 October 2024
Fast-track Approvals Bill	Environment	18 October 2024
Te Pire mō Ō-Rākau, Te Pae o Maumahara/Ō-Rākau Remembrance Bill	Māori Affairs	30 October 2024
Building (Earthquake-prone Building Deadlines and Other Matters) Amendment Bill	Transport and Infrastructure	31 October 2024
Crown Minerals Amendment Bill	Economic Development, Science and Innovation	31 October 2024
Climate Change Response (Emissions Trading Scheme Agricultural Obligations) Amendment Bill	Primary Production	1 November 2024
Overseas Investment (Build-to-rent and Similar Rental Developments) Amendment Bill	Finance and Expenditure	1 November 2024
Therapeutic Products Act Repeal Bill	Health	1 November 2024
Privacy Amendment Bill	Justice	2 November 2024
Regulatory Systems (Primary Industries) Amendment Bill	Primary Production	8 November 2024
Oranga Tamariki (Repeal of Section 7AA) Amendment Bill	Social Services and Community	21 November 2024
Residential Tenancies Amendment Bill	Social Services and Community	21 November 2024
Parole (Mandatory Completion of Rehabilitative Programmes) Amendment Bill	Justice	29 November 2024
Secondary Legislation Confirmation Bill	Regulations Review	29 November 2024
Land Transport (Drug Driving) Amendment Bill	Transport and Infrastructure	5 December 2024
Sentencing (Reinstating Three Strikes) Amendment Bill	Justice	5 December 2024
Victims of Sexual Violence (Strengthening Legal Protections) Legislation Bill	Justice	19 December 2024
Customer and Product Data Bill	Economic Development, Science and Innovation	23 January 2025
Regulatory Systems (Immigration and Workforce) Amendment Bill	Education and Workforce	23 January 2025
Regulatory Systems (Economic Development) Amendment Bill	Economic Development, Science and Innovation	27 February 2025
Ram Raid Offending and Related Measures Amendment Bill	Justice	28 February 2025
Improving Arrangements for Surrogacy Bill	Health	12 March 2025

Bills awaiting Second Reading

Bills awaiting Committee of the whole House

Bills awaiting Third Reading

Family Proceedings (Dissolution of Marriage or Civil Union for Family Violence) Amendment Bill

Bills awaiting Royal Assent

Acts assented

Accident Compensation (Interest on Instalment Plans) Amendment Act 2024

This Act amends the Accident Compensation Act 2001 to:

introduce a regulation-making power that allows the Accident Compensation Commission (ACC) to charge debit interest on levies that are paid under instalment plans and provide that, in future, the rate of interest payable will be set by regulation;
introduce a regulation-making power that sets out the circumstances under which ACC can waive all, or part of, debit interest charges due to instalment plans;
provide that, until such regulations are made, the interest rates that ACC currently charges employers who are on instalment plans will continue;
validate ACC's past and current practise of charging interest in cases where levies are paid by instalment; and
retrospectively validate ACC's past practise of charging debit interest and provide explicit authority for ACC to continue to charge debit interest.

Appropriation (2023/24 Supplementary Estimates) Act 2024

Appropriations provide the Government with the authority to spend public money or incur expenses and capital expenditure. This Act achieves parliamentary authorisation of the individual appropriations and changes to appropriations within The Supplementary Estimates of Appropriations for the Government of New Zealand for the Year Ending 30 June 2024, as presented on Budget Day on 30 May 2024. The Act sits alongside the Imprest Supply (First for 2024/2025) Act 2024, which authorised spending against those appropriations in the interim.

Appropriation (2024/25 Estimates) Act 2024

This Act approves parliamentary authorisation of the individual appropriations contained in The Estimates of Appropriations for the Government of New Zealand for the Year Ending 30 June 2025 (Estimates), which was presented to the House of Representatives as part of the 2024 Budget documentation. The Act establishes that the scope of each appropriation as set out in the Estimates forms part of the legal appropriation as required under the Public Finance Act 1989.

This Act also obtains parliamentary authorisation for capital injections contained in the Estimates, as required under Appropriation Acts, and repeals the Appropriation (2023/23 Confirmation and Validation) Act 2024, the Appropriation (2023/24 Estimates) Act 2023, and the Appropriation (2023/24 Supplementary Estimates) Act 2024.

Corrections Amendment Act 2024

This Act amends the Corrections Act 2004 (Principal Act). The Principal Act provides the framework for how the correction systems operates and the requirements for the operations of prisons in New Zealand. This Act's purpose is to improve rehabilitation, reintegration and safety outcomes for the inmates. The Act makes a number of amendments to the Principal Act, including:

explicitly empowering Corrections to monitor prisoner communications and information sources for intelligence purposes to improve prison and public safety;
amending the disciplinary process in prisons so it is timely and incentivises good behaviour;
amending the processes for authorising and using non-lethal weapons for prisoners;
supporting improved rehabilitation and reintegration outcomes for Māori who are under Corrections' management; and
creating a regulation-making power to enable limited mixing of accused and convicted remand on prisoners for non-offence based programmes.

Courts (Remote Participation) Amendment Act 2024

The Act enables more virtual participation in court proceedings, enacting three changes:

creating a presumption that victims can remotely observe criminal trials and sentencing where appropriate;
allowing the use of audio links for remote court proceedings; and
clarifying the interrelationship between virtual participation and open justice (making temporary changes introduced during the pandemic permanent).

The Act is in force, with the exception of the use of audio-visual links for victims which will come into force in March 2025.

Education and Training Amendment Act 2024

This Act amends the Education and Training Act 2020 to provide for the establishment of charter schools. It establishes the Charter School Authorisation Board, a statutory board with responsibility for approving new charter schools and enforcing contractual and legislative obligations in respect of charter schools. The Act provides the processes by which charter schools may be established or existing state schools may convert to charter schools and requires certain matters to be included in a charter school's contract, which provides for the operation of the charter school. It aims to provide charter schools with flexibility in operational, governance, curriculum and staffing decisions.

The Act also removes certain approval requirements in respect of operating new early childhood education centres and empowers the Secretary of Education to make rules requiring schools to collect and provide attendance data.

Fair Trading (Gift Card Expiry) Amendment Act 2024

This Act amends the Fair Trading Act 1986 to lengthen to amount of time recipients of gift cards have to redeem their full value. The Act inserts a new s 24A into the Fair Trading Act to prohibit the sale of gift cards with an expiry date of less than 3 years after the initial sale date.

Firearms Prohibition Orders Legislation Amendment Act 2024

This Act is an omnibus Act with the broad policy to aim to reduce firearms crime and its related impact on communities. It enables firearms prohibition orders (FPOs) to be made and monitored against a wider group of persons whose behaviour and actions pose what is considered as a high risk of violence. Under this Act, FPOs can be imposed against persons who have been convicted of an offence under the Arms Act 1983, the Crimes Act 1961, the Misuse of Drugs Act 1975, or the Psychoactive Substances Act 2013 that is punishable by a term of imprisonment of one year or more, and who were aged 18 years or over and are a member or associate of a gang or organised criminal group.

The Act also:

specifies new qualifying offences for members and associates of a gang or an organised criminal group;
establishes a review process to enable a person who is subject to an FPO to apply to the court to have their FPO varied, modified, or revoked; and
gives the Police additional warrantless search powers to monitor the persons subject to an FPO.

Forests (Log Traders and Forestry Advisers Repeal) Amendment Act 2024

This Act, which was given Royal Assent on 29 June 2024, disestablishes the registration system and all associated requirements for log traders and forestry advisers. It also requires the Ministry for Primary Industries to refund any fees or levies paid to it under the scheme and waive any fees or levies that were due but not yet paid at the date the Act commenced.

This Act also amends the Forests (Legal Harvest Assurance) Amendment Act 2023 by deferring its commencement date and, among other changes, repealing the definitions of:

code of ethics;
forestry adviser service; and
forestry practice standards.

Gangs Act 2024

This Act was divided from the Gangs Legislation Amendment Bill. The Act:

prohibits the display of gang insignia in public places;
provides for the issue of dispersal notices to stop gang members from gathering in public places; and
provides for the making of non-consorting orders to prevent specified gang offenders from associating or communicating with each other for three years.

Imprest Supply (First for 2024/25) Act 2024

The Act provides financial authority from Parliament for the Government from the beginning of the 2024/2025 financial year until the passage of the Appropriation (2024/2025 Estimates) Act.

The Act's provisions encompass a range of expenses including expenses and capital expenditure incurred by intelligence and security departments, and capital expenditure or injections for defence, health, and housing and urban development. The calculated amounts are designed to provide sufficient authorisation for the period between the start of the financial year and the latest date on which the third reading of the main Appropriation Act must be completed.

The Act will be repealed upon the commencement of the main Appropriation Act for the 2024/2025 financial year.

Imprest Supply (Second for 2024/25) Act 2024

This Act provides additional financial authority from Parliament for the Government to increase its capital expenditure, until the Appropriation (2024/25 Estimates) Bill is passed. The Act provides for an additional $16 million for expenses, $12 million for capital expenditure, and $1 million for capital injections.

The Act will be repealed at the end of the 2024/2025 financial year on 30 June 2025.

Land Transport (Clean Vehicle Standard) Amendment Act 2024

The Land Transport Act 1998 applies a clean vehicle standard (CVS) to importers of light vehicles. This Amendment Act empowers a cost recovery scheme, shifting the cost of the CVS from the Crown to vehicle importers. It also enables the CVS targets, currently set in the Land Transport Act, to be set in secondary legislation.

Local Government (Electoral Legislation and Māori Wards and Māori Constituencies) Amendment Act 2024

This Act was granted Royal Assent on 30 July 2024 and is an omnibus Act which amends the Local Electoral Act 2001, the Local Government Electoral Legislation Act 2023, and the Local Electoral Regulations 2001, with the purpose of reinstating the ability of communities to hold a referendum on whether to establish or continue to use Māori wards and Māori constituencies.

The key amendments made by the Act are:

reinstating the ability for Māori wards and Māori constituencies to hold binding polls;
removing the requirement for councils that have not established Māori wards or Māori constituencies to consider them every 6 years during their representation review;
requiring councils that have established or resolved to establish Māori wards or Māori constituencies since 2020 without a poll to hold a binding poll at the 2025 local elections; and
extending the statutory time frame for local elections to allow more time for the postal delivery of voting papers.

Local Government (Water Services Preliminary Arrangements) Act 2024

This Act delivers the second part of the Coalition Government's Local Water Done Well programme (following the repeal of the previous Government's Three Waters / Affordable Water Reforms legislation earlier this year). The Act establishes the preliminary arrangements for local government delivery of water supply, stormwater, and wastewater services, including:

a requirement on councils to, either on their own or jointly, develop a water services delivery plan within the next year;
foundational economic regulation through information disclosure requirements;
the ability to establish water services council-controlled organisations to deliver services; and
an Auckland-specific solution which moves the obligation to provide water services in Auckland from Auckland Council to Watercare and provides for the appointment of a Crown Monitor to Watercare.

For a more comprehensive overview of the Act, see our Insight here.

Māori Fisheries Amendment Act 2024

This Bill proposes to make changes to the Māori Fisheries Act 2004 to give effect to recommendations of Te Ohu Kaimoana, an independent review of the settlement entities as required by the Act. These amendments intend to give iwi a greater degree of rangatiratanga over their assets, improve benefits to all Māori, reduce costs and improve efficiency. The amendments provide for:

mandated iwi organisations and their asset-holding companies to take more direct control of Te Ohu Kaimoana and Aotearoa Fisheries Limited;
changing governance arrangements of the entities to make them consistent with each other and with standard corporate governance practice:
cancellation of Aotearoa Fisheries Limited voting share;
conversion of Aotearoa Fisheries Limited income shares to ordinary shares; and
Te Ohu Kaimoana to allocate those ordinary shares to mandated iwi organisations.

McLean Institute (Trust Variation) Act 2024

This Act updated and varied the terms of the McLean Institute Trust set out in its trust deed, including the charitable objects of the institute and the powers of the board. It also clarified that the High Court has jurisdiction to approve changes to the Trust under Part 3 of the Charitable Trusts Act 1957, to avoid the need for another Act of Parliament if the Trust wishes to make future changes.

Regulatory Systems (Education) Amendment Act 2024

This Act is an omnibus Act that contains amendments to legislation administered by the Ministry of Education, the Ministry of Business, Innovation and Employment, and jointly administered by the Ministry for Culture and Heritage and the Ministry of Justice. It aims to maintain the effectiveness and efficiency of the regulatory systems established by the Acts it amends.

The Act:

amends the Ngarimu VC and 28th (Māori) Battalion Memorial Scholarship Fund Act 1945 to modify the functions of the Scholarship Fund Board and to create a new national Māori representative position on the Board;
amends the Pacific Education Foundation Act 1972 to replace the current definition of "Pacific person" to expand the list of people who can benefit from the Foundation, allow the list of places from which a person may have indigenous Pacific cultural heritage to be updated by Order in Council, update the purpose, makeup and constitution of the Foundation's board to enable it to function more effectively, and update the authorised expenditure of the foundation;
amends various Children's (Requirements for Safety Checks of Children's Workers) Regulations 2015 to include additional reference to the Kiwi Access card to reflect the name change of the 18+ card; and
amends the Health and Safety at Work (General Risk and Workplace Management) Regulations 2016 to ensure that Police vetting for workers at limited attendance child-care centres are obtained before the worker begins work and is appropriately considered when received.

Resource Management (Extended Duration of Coastal Permits for Marine Farms) Amendment Act 2024

This Act, which received Royal Assent on 2 September 2024, extends the current duration of all coastal permits currently issued under the Resource Management Act 1991 (RMA) authorising aquaculture activities by 20 years, but not beyond 2050. This extension:

covers all RMA consents (permits) needed for a marine farm to operate;
applies to all marine farms that held a current resource consent at the time the Act commenced;
is granted automatically, without requiring the consent holder to apply for it; and
does not change expiry dates that are already beyond 2050.

This Act also amends the RMA to provide an optional mechanism for councils to review the conditions of consents extended under this Act.

Sale and Supply of Alcohol (Winery Cellar Door Tasting) Amendment Act 2024

This Act amends the Sale and Supply of Alcohol Act 2012. The amendments allow winery cellar doors to charge visitors for the samples of their own wine and implements an off-licence category for wineries holding an on-licence (such as for a winery café), so wineries do not have to apply for an off-licence via a separate business.

Sentencing Amendment Act 2024

This Act was divided from the Gangs Legislation Amendment Bill and amends the Sentencing Act 2002 to make gang membership an aggravating factor at sentencing. The purpose of this Act is to make sentences more severe for gang membership.