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Watching Brief – February 2017

Home Insights Watching Brief – February 2017

Matter of opinion

The circus has come to town …

Given it is election year and the date is set, we are kicking off Watching Brief with a few observations on how things are shaping up. With John Key’s departure (or disappearance), and Labour and the Greens presenting a united front, the growing expectations of a fourth National term (with or without New Zealand First) are being revisited.

Policy takes a back seat: With a new Prime Minister known for being more comfortable with policy than spin, and a Labour/Green opposition traditionally policy focused, one might have expected an election fought on policy and substantive points of difference. A few weeks into the year, however, and all indicators point to policy light and populist campaigns – from both sides.

Prime Minister Bill English, having attacked Labour and the Greens’ joint State of the Nation for failing to reveal any new policy, chose at his State of the Nation to announce a Labour policy – new police on the beat. Labour responded with support for better access to pepper spray for prison guards. Tough on crime – the text book populist approach. No mention of the spiralling prison muster (now over 10,000), causes of crime, or complex questions of a similar nature.

More generally, English is gearing up for a ‘steady as she goes’ campaign based around stability and predictability. When asked to sum up in one word what the election campaign will be about, English replied “growth”. As for Labour, after eight years in opposition, one might have expected a roll out of fresh policy ideas. Instead, its flagship economic policies of raising the retirement age and introducing a capital gains tax have been shelved, with Andrew Little instead promising to talk only about three or four key issues. The strategy seems to be don’t startle the horses, including retirees and home owners benefiting from windfall gains in Auckland (and now Tauranga and Hamilton).

Little has observed the consequence of the party previously taking hundreds of issues to the electorate and is now, apparently, favouring political expediency. However, there is a danger in viewing substantive policy as a distraction that doesn’t win votes. Arguably, it does not bode well for New Zealand’s direction of travel particularly given events overseas.

A small beacon in the policy desert is the newly formed Opportunities Party, the only party challenging the electorate to engage with, and care about, issues over politics. While at this stage not a serious contender, Gareth Morgan’s contribution of evidence based policy should be welcomed, particularly if it encourages more serious debate amongst the larger parties. The risk is, if his approach is dismissed as “a bit of a joke”, the more cynical approach adopted by the larger parties is further reinforced.

Labour is courting lost ‘traditional’ support: The latest polls are relatively encouraging for Labour and the Greens: together they stand at 41% (Labour 30% / Greens 11%) compared to National's 46%, but it is still well short of an election victory given Winston Peters will, odds on, support National if it’s the party with the largest share of the vote (it will be). New Zealand First is at 11% and Mana, Maori and ACT all sit at 1%.

In short, Labour must significantly increase its voting base if it – and the Greens – are to achieve their goal of Changing the Government, including among men (male support for Labour was as low as 23% in 2014 and reportedly now even lower) and Māori. Labour has clearly been busy with its focus groups and, in response, has selected candidates such as Willie Jackson and Greg O'Connor, causing considerable upset amongst some Labour supporters particularly women (Jackson) and the left leaning (O'Connor).

The strong response to Poto Williams stepping out of line on the Jackson selection also demonstrated Little’s intention to run a tight ship. The risk for Labour is that it could drive away more supporters than it attracts. But then Labour can probably count on disgruntled voters moving to the Greens rather than to National or New Zealand First. Is this part of the plan?

Labour/Green's first election as an active partnership: Labour and the Greens are demonstrating that they are able to work effectively together, and in retrospect, one wonders why they didn’t adopt this approach last time around. The reality is that Labour will need the Greens this time round and vice versa (a Green / National coalition does not look feasible in the foreseeable future). The common slogan is ‘Change the Government’, a catchphrase that allows other points of difference between the two parties to be played down and one that provides justification for collaboration in the Ohariu electorate and elsewhere.  Despite criticism that co-operation in Ohariu is a move away from politics as we know it, it is not unprecedented (National did not stand in Ohariu (1999) and is, at least, transparent. The Mt Albert by-election has shown collaboration between the parties of a different type. With Labour sure to win, the Greens have put forward a candidate more for profile than to seriously contest the seat, and one who is vocally supportive of Jacinda Ardern.

So buckle into your seats folks, the election circus is back in town. The antics of a Kim Dotcom party might be missing, thankfully, but if one thing is certain, there will be surprises yet in store.

In the news

MBIE releases regulatory package for fixed-line communication services post 2020

The Ministry of Business, Innovation and Employment (MBIE) has released a discussion paper that sets out its package for the reform of regulation of fixed-line communication services from 2020. It is now seeking feedback on that paper.

The package is part of a Government review of the Telecommunications Act 2001. In September 2015, the Government released a discussion document, which was followed by a series of high-level policy decisions on future regulation in the communications sector. On 12 July 2016, an options paper was released in order to seek feedback on the design of the regulations. The proposed regulatory package is the result of the Government’s consideration of the feedback on the options paper.

A new regulatory framework for Ultra-Fast Broadband (UFB) fibre-based services, including information disclosure regulation and price-quality regulation, will apply from 1 January 2020.

Local Fibre Companies (LFCs) established under the UFB programme will be subject only to the information disclosure regulations from 2020. The Commerce Commission reserves the right to impose price-quality regulation on LFCs if the information disclosure regulations do not deter monopoly behaviour.

Chorus will be subject to both sets of regulation from 2020. The price-quality regulation will impose a maximum allowable revenue (or revenue cap) on Chorus. Chorus will also be required to provide two regulated UFB fibre ‘anchor’ products with the price and quality terms set by the Commission. These will initially be a basic broadband product and a voice-only product. This is to ensure that basic services are available at reasonable prices, and to provide a price-quality anchor for other services.

The paper also discusses:

  • A new approach to regulating copper services post-2020, with a view to reviewing the arrangements in 2023.
  • Removing the Telecommunications Service Obligations on Chorus and Spark where UFB or other fibre is available.
  • Imposing minimum requirements on Chorus before it begins copper withdrawal in areas that are deregulated; including that UFB must be available to all affected premises in a reasonable time frame.

The discussion paper can be accessed here.

The Government has also released a Cabinet paper (which can be accessed here) and a Regulatory Impact Statement (which can be accessed here).

Submissions are due by Friday 3 March 2017. Details on how to make a submission can be found here.


Monitoring guidelines published for transport crown entities

In December last year, the Ministry of Transport published the paper Monitoring arrangements for transport sector Crown Entities. The paper provides information for the four transport Crown Entities (CEs) on how the Ministry monitors their performance. Those CEs are the Civil Aviation Authority, Maritime New Zealand, the New Zealand Transport Agency, and the Transport Accident Investigation Commission.

The Ministry’s broad vision for its monitoring role involves being ‘influential, trusted advisers’ who support their entities to ‘improve performance’. The Ministry sets out three key aspects to its monitoring role.

First, the appointment and maintenance of effective transport CE boards. This involves tendering advice on board membership and replacement, as well as organising annual board forum events for representatives to discuss issues of interest.

The second aspect to the monitoring role involves setting and clarifying expectations for transport CEs. This includes emphasising Ministry and ministerial priorities through formal channels, such as Letters of Expectation.

Thirdly, the Ministry is required to review the performance of the board and CE overall. This focuses on monitoring organisational viability: for example, reviewing the CE's financial stability and its ability to deliver services effectively and efficiently.

The paper also explains the Ministry’s ‘monitoring cycle’: a four-part cycle showing the formal elements of performance assessment for each CE. The cycle includes the process for discussing and preparing budget bids, administering the release of CE quarterly reports, and hosting forums in preparation for the development and release of four-year plans. The Ministry has also developed a Crown Entity Assessment Framework, which is used to assess CE performance in four areas: alignment to legislation and government priorities, leadership, organisation, and results.

Finally, the paper provides an overview of reporting and planning. Each CE produces a quarterly report to update the Minister on progress against financial and non-financial targets, key initiatives and risks, and organisational health. The Ministry consults with each CE and produces a briefing for the Minister based on these reports. CEs also produce annual reports which are collated into a briefing for the Minister by the Ministry as the monitor. Ministry planning policies also require the Ministry to produce an annual four-year plan, providing a medium-term perspective on where the Ministry is heading, financial appropriations, and its views about each transport CE.

The full paper can be accessed here.


Red Zone to regeneration: Minister approves Waimakariri Recovery Plan

On 15 December 2016, the Waimakariri Residential Red Zone Recovery Plan was formally notified. The Recovery Plan is a Crown response to damage caused in the 2010 and 2011 Canterbury earthquakes, where approximately 100 hectares of land in Kaiapoi, The Pines Beach and Kairaki was classified as ‘residential red zone’. The Recovery Plan directs the divestment of this land back to the Council for future use and regeneration.

The Plan is a result of a collaborative process between central and local government, as well as community input. The Minister supporting the Greater Christchurch Regeneration directed the Waimakariri District Council to prepare a Draft Recovery Plan to identify the long-term uses for the five residential red zone areas in the district (regeneration areas). Public comment on the draft plan was also sought.

The Minister considered written comments and technical analysis in approving the Recovery Plan on 13 December 2016 which, as a statutory instrument, took effect on 15 December 2016. The five areas will be divested from the Crown to the local Council to implement the agreed land uses in the Recovery Plan.

Central to the process of land divestment and future use are the Greater Christchurch Regeneration Act 2016, the Ngāi Tahu Settlement Claims Act 1998, and the Resource Management Act 1993. The Greater Christchurch Regeneration Act 2016 plays a crucial role in the plan, as the Council will rely on provisions such as s 61(3) to amend or vary the District Plan to give effect to the land uses, including revoking reserve status and building new road links.

The plan was shaped by obligations under the Ngāi Tahu Claims Settlement Act 1998 and states that any land divestment will be subject to those obligations. The values of the mana whenua of the Kaiapoi area (Ngāi Tahu and Ngāi Tūāhuriri) were important considerations in developing the plan to reflect their cultural presence, heritage and aspiration.

Against this legislative background, the Recovery Plan sets out the agreed long-term uses for the five regeneration areas to facilitate recovery from the impacts of the Canterbury earthquakes and support regeneration. In summary, the agreed land uses are:

  • 41 hectares of greenspace;
  • 9 hectares of mixed use business land;
  • 30 hectares of rural land; and
  • two hectares of private Lease land.

The plan also puts forward steps for the Crown to use The Greater Christchurch Regeneration Act to revoke reserve status in order to build a new road link and notes the Council will build two wastewater pump stations on some of the land.

The approved Recovery Plan is intended to balance certainty of outcomes for the community while allowing flexibility for long-term implementation and management of the agreed land uses.

The full recovery plan can be found here.


FMA publishes guidelines on good conduct

The Financial Markets Authority (FMA) has published a guide to its view of what constitutes good conduct in the financial services industry. A Guide into the FMA’s view of Conduct is the result of a process that began in July last year with the publication of an initial consultation document.

The FMA received 29 submissions in response to that document. Submitters included most of New Zealand's major banks, as well as various other firms in the financial services sector whose activities are regulated by the Financial Markets Conduct Act 2013. The Guide's audience is the industry itself, as opposed to consumers. It complements existing regulation by setting out the FMA’s expectations of how a good financial adviser should treat consumers.

To this end, the FMA has produced a ‘good conduct profile’. According to this profile, good conduct requires communication, management accountability, and a positive internal culture.

The Guide recognises that, as financial services firms are generally in a position of relative power to consumers, they must behave responsibly and guided at all times by a sense of duty to consumers; to structure their organisations and institutional processes with that duty in mind, and to demonstrate to the FMA by their conduct that they are capable of providing an ethical and effective service at a fair price.

The Guide is not intended to supplant existing legal obligations. Instead, it is intended to be a lens through which the FMA will monitor compliance with those obligations. The Financial Markets Conduct Act 2013 placed new emphasis on the importance of conduct in the financial services industry; it established new conduct standards and added weight to the FMA’s statutory duty to enforce them.

This new Guide is the FMA’s first indication of how it intends to approach those enhanced responsibilities under the new regime.

The Guide and submissions can be found here.


Reserve Bank Governor to step down

Reserve Bank Governor Graeme Wheeler announced on 7 February that he will not be seeking reappointment for a second term as Governor when his current five-year term expires, on 26 September this year.

As Mr Wheeler’s current term will end three days after the General Election, Finance Minister Hon Steven Joyce will appoint current Deputy Reserve Bank Governor, Grant Spencer, as the Acting Governor for a six-month term post-election.

“This will give the next Government time to make a decision on the appointment of a permanent Governor for the next five-year term,” explained Minister Joyce.

While the Reserve Bank is scheduled to undertake a monetary policy review on 28 September 2017, it has been decided that the existing policy targets agreement will remain unchanged until a new Governor is appointed.

Section 48 of the Reserve Bank of New Zealand Act 1989 provides that the Minister may appoint an Acting Governor for a period of no longer than six months where the office of Governor becomes vacant.  

Mr Spencer was appointed on the recommendation of the Reserve Bank Board of Directors, which was advised by the Government that, due to the proximity to the Election, its recruitment process would need to take place later in the year.

In addition to his role as Deputy Governor, Mr Spencer is also the Head of Financial Stability, and serves as chair of the OECD Committee on Financial Markets. He has previously held roles with the Australia and New Zealand Banking Group and the International Monetary Fund. Mr Spencer does not intend to seek a permanent appointment as Governor, and will retire once his term as Acting Governor ends.

The Reserve Bank's press release can be read here.


CERA employees to be investigated by the State Services Commission

State Services Commissioner Peter Hughes has announced that the Commission will investigate allegations of improper use of a public service position by two former Canterbury Earthquake Recovery Authority (CERA) employees.

The employees, who have stood down pending investigation, are alleged to have used their positions at CERA to advance their private business interests. It is alleged that the staffers set up a company with the intention of profiting from the sale of the Christchurch Youth Hostel Association building to Sydney-based investor Kevin Maloney. The investigation will also consider the employees’ conduct in subsequent public service positions.

The investigation will be conducted under section 8 of the State Sector Act 1988, which empowers the Commissioner to conduct any inspections or investigations, and make and receive any reports, that the Commissioner considers necessary. The Act grants broad legal powers to obtain information and enter premises as required by the Commissioner in carrying out his functions.

“New Zealanders need to be able to have trust and confidence in Public Servants and the Public Service. These allegations raise questions that cannot be left unanswered,” said Mr Hughes, launching the investigation.

“The Code of Conduct for the State Services makes it clear that it is unacceptable for any State Servant to use their role to advance private business interests or seek any sort of personal benefit.”

Mr Hughes has appointed Michael Heron QC to lead the investigation. An interim report is expected by the end of February.  

The terms of reference of the investigation, which was launched on 1 February 2017, are:

  • Actual or perceived conflicts of interest of the former staff members during employment at CERA or in other state services roles.
  • The management of those conflicts of interests.
  • Any other related matters arising that are considered necessary to provide the Commission with a complete report.

The State Services Commission’s press release announcing the investigation can be read here.

The Terms of Reference are available here.


Government begins investigation into the price of fuel

On 9 February, Minister of Energy Hon Judith Collins announced that MBIE will commence a market study of fuel price returns. The Fuel Market Financial Performance Study (Market Study) is expected to be completed by the end of the June, and while the precise terms of reference are yet to be finalised, its purpose, according to the Minister, is to “determine if companies are making super-normal profits.”

The Minister said that fuel margins had almost doubled over the last five years, leading to concerns that the prices paid by consumers at the pumps are excessive. The Market Study will assess the returns of capital employed against the cost of capital across different parts of each business. Other financial benchmarks may be used where appropriate.

The Minister notes that the advantage of a Market Study over other forms of inquiry is that it can, with the cooperation of the industry, be completed relatively quickly. So far industry leaders have been willing to cooperate: Z Energy and Mobil, for example, have committed to providing all information in a timely manner.

The official press release can be found here.

In the courts

Brexit judgment affirms parliamentary sovereignty

A decision by the United Kingdom Supreme Court that the UK’s exit from the EU must be executed through an Act of Parliament reinforces the doctrine of parliamentary supremacy – a doctrine that is also highly relevant in New Zealand law.

After the widely reported referendum in 2016 that produced a majority of UK citizens in favour of leaving the European Union, two UK courts have considered whether ‘Brexit’ can occur with or without an Act of Parliament. Under its EU obligations, the UK is required to give notice under article 50 of the Lisbon Treaty to trigger the exit process.

That article provides that if a member state decides to withdraw from the EU in accordance with its own constitutional requirements, it should serve a notice of that intention. Following the referendum, the UK Government announced it would use its prerogative powers to withdraw from the EU by serving such notice.

British business owner, Gina Miller, brought proceedings against the Secretary of State for Exiting the European Union (the Secretary) in the UK High Court to contest this use of prerogative powers. The High Court considered whether the withdrawl notice could lawfully be given by Ministers without an Act of Parliament so authorising.

In deciding this issue, the High Court considered two competing principles of the UK’s constitutional arrangements. On the one hand, Ministers generally enjoy a prerogative power to freely enter into and terminate treaties without recourse to Parliament. Conversely, Ministers are not normally entitled to exercise any power they might otherwise have if it results in a change in UK domestic law (here, the European Communities Act 1972 (ECA)), unless an Act so provides. The High Court ruled in favour of Miller, and held that the Crown had no power to alter the ECA by use of its prerogative powers. The Secretary appealed to the UK Supreme Court.

A majority of the Supreme Court dismissed the Secretary's appeal eight votes to three, holding an Act of Parliament was required to authorise Ministers to give notice of the UK's intention to withdraw. Section 2 of the ECA was considered a “conduit pipe” through which EU law became a source of UK law, taking precedence over all domestic sources of UK law, including statutes. So long as the ECA remained in force, its effect was to constitute EU law as an independent and overriding source of domestic law.

The Government argued that section 2 catered for the exercise of the withdrawal power as it gives effect to EU law unless and until the power of withdrawal was exercised. However, the Court noted that withdrawal would make a fundamental change to the UK’s constitutional arrangements, by cutting off the source of EU law. In effect, by giving notice, section 2 of the ECA would be altered in its effect and application as the “conduit pipe”. The Supreme Court held that withdrawal from the EU would remove existing domestic rights of UK residents, rendering it impermissible for the Government to withdraw from the EU without an Act of Parliament authorising this.

The Supreme Court’s judgment effectively slows the withdrawal process of Brexit. A Bill authorising withdrawal must be introduced and passed by both Houses of Parliament, and receive royal assent, before the Government can lawfully give notice. In other words, the judgment does not prevent Brexit. However, it requires parliamentary intervention before Brexit can occur, allowing parliamentary debate and a higher degree of accountability and oversight before the decision is carried out.

The judgment therefore serves as an affirmation of parliamentary supremacy, a principle also applicable to New Zealand law. Parliamentary supremacy’s relevance to New Zealand law was affirmed by the UK High Court in its consideration of Brexit when it referred to Fitzgerald v Muldoon. In that case, Prime Minister Robert Muldoon’s actions were deemed illegal by the Supreme Court when he effectively announced the repeal of a law, without Parliament’s authority.

Progress of legislation

New Bills

Appropriation (2015/16 Confirmation and Validation) Bill
Type of Bill: Government
Member in Charge: Hon Steven Joyce
This Bill seeks to confirm the Public Finance (Transfers Between Outputs) Order 2016, which was made under section 26A of the Public Finance Act 1989. The Public Finance (Transfers Between Outputs) Order 2016 directs amounts appropriated for an output expense appropriation in a Vote to be transferred to another output expense appropriation in that Vote.

Broadcasting (Games of National Significance) Amendment Bill
Type of Bill: Member’s
Member in Charge: Clayton Mitchell
This Bill aims to amend the Broadcasting Act 1989 by defining games and sporting events that would be broadcast live on free-to-air television. The Bill would insert a new Schedule 1A into the principal Act that lists games of ‘national significance’ to be broadcast live free-to-air. The list includes all Rugby World Cup matches involving New Zealand (adult men and women).

Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Bill
Type of Bill: Government
Member in Charge: Hon Anne Tolley
This omnibus Bill intends to establish a statutory framework to implement a new operating model for the Ministry for Vulnerable Children, Oranga Tamariki. The majority of the proposed changes are to the Children, Young Persons and Their Families Act 1989. The Bill is a Government response to recommendations from the Modernising Child, Youth, and Family Expert Panel, which was established in 2015 to develop a plan for the modernisation of the statutory care, protection, and youth justice systems in New Zealand.
The key features of the Bill include:

  • Replacing the purposes section (section 4) of the principal Act with a section that includes a greater emphasis on long-term outcomes for children and young persons.
  • A new section 386AAA to amend the definition of a child under the principal Act to include persons aged 17 years and removing the restriction to those married or in a civil union.
  • New duties placed on the Chief Executive to ensure that services reduce the impact of early risk factors are coordinated with Government-funded activities.
  • New duties placed on the Chief Executive to develop and publish policies and practice standards in relation to the Chief Executive’s role in family group conferences.
  • A new section 36AAD that would entitle a young person to live with their caregiver up to 21 years of age. Section 386A would also be replaced to provide transition arrangements for young people up to the age of 25.
  • Any decision maker under principal Act would be compelled to consider the family, whanau.

Consumers’ Right to Know (Country of Origin of Food) Bill
Type of Bill: Member's
Member in Charge: Steffan Browning
This Bill intends to create a regime whereby the country of origin of fruit, vegetable, meats, seafood, and other single-component food would be required to have the country of origin clearly identified on labels or at the point of sale. The Bill sets out offence clauses that would fine individuals up to $10,000 who intentionally commit an offence under the Bill, and corporate bodies up to $50,000.

Education (Tertiary Education and Other Matters) Amendment Bill
Type of Bill: Government
Member in Charge: Hon Paul Goldsmith
This Bill seeks to amend the Education Act 1989 predominantly in relation tertiary education. The Bill would amend section 159E of the principal Act to allow the Tertiary Education Commission to charge organisations a fee if they are investigated by the Commission and found to be in breach of a condition of funding. The Bill also intends to insert a new section into the Education Act that would mandate a principle of “equal treatment” whereby the funding of comparable activities between tertiary education providers would be required to be funded at the same rate. New powers would also be given to the Minister under a new section 159OA that would allow the Minister to vary the determination of a funding mechanism after the mechanism has been implemented. Additionally, the Bill would amend section 253C of the principal Act to allow for wānanga to apply for Ministerial permission to describe themselves as a university, college of education, polytechnic, or institute of technology. The Bill would also create an offence for those who knowingly or recklessly make a false representation on a student's record of achievement that the student has achieved a credit.

Employment Relations (Allowing Higher Earners to Contract Out of Personal Grievance Provisions) Amendment Bill
Type of Bill: Member’s
Member in Charge: Scott Simpson
This Bill intends to amend the Employment Relations Act (ERA) to allow high earners and their employers to contract out of personal grievance provisions. The Bill would insert a new section 102A into the ERA that would allow an employment agreement for a person with a gross salary greater than $150,000 to be excluded from section 102, which concerns personal grievances. The relevant term in the employment agreement would need to be in writing and the employee would need to have gained independent legal advice before signing the agreement.

Iwi and Hapū of Te Rohe o Te Wairoa Claims Settlement Bill
Type of Bill: Government
Member in Charge: Hon Chris Finlayson
This Bill would give effect to the deed of settlement signed on 26 November 2016 by the Crown and the iwi and hapū of Te Rohe o Te Wairoa, and provide for the final settlement of historical Treaty of Waitangi claims to the iwi and hapū of Te Rohe o Te Wairoa. The Bill seeks to formally record a Crown apology and provides a range of commercial and cultural redress. As part of this redress, the Bill intends to establish the Te Rohe o Te Wairoa Reserves Board-Matangirau to administer and manage a mix of Crown and Wairoa District Council-owned reserves, and a statutorily required partnership agreement between Tātau Tātau o Te Wairoa Trust and Te Urewera Board.

Land Transport (Vehicle User Safety) Amendment Bill
Type of Bill: Member's
Member in Charge: Jami-Lee Ross
This Bill intends to amend the Land Transport Act 1998 and two sets of Regulations: the Land Transport (Road User Rule) 2004 and the Land Transport (Offences and Penalties) Regulations 1999. The Bill would a create a power under the Act for the Minister to make additional ordinary rules that pertain to road safety. Simultaneously, the Bill intends to insert a clause into the Land Transport (Road User) Rule 2004 that prohibits a road user from washing or offering to wash a vehicle in a ‘manner that may be unsafe, that may intimidate, or cause a nuisance to any person, or may cause an obstruction to vehicles’. The Bill would also amend the Land Transport (Offences and Penalties) Regulations to impose a fine of up to $1,000 for doing so.

Point England Development Enabling Bill
Type of Bill: Government
Member in Charge: Hon Nick Smith
This Bill seeks to rezone 11.9 hectares of land on the Point England Recreation Reserve in Tāmaki, east Auckland. Currently, this land is Crown-owned but vested in Auckland Council as a recreation reserve under the Reserves Act 1977. Under the Bill, the land would be rezoned from Reserve Land to Residential – Mixed Housing Urban, with the intention that development on the land increases housing supply. Clause 6 of the Bill would implement this by subdividing Point England Reserve into the land intended for development, and the remaining reserve land. The same clause would then revoke the reserve status of the land intended for development.

Public Finance (Sustainable Development Indicators) Amendment Bill
Type of Bill: Member's
Member in Charge: James Shaw
This Bill seeks to amend the Public Finance Act 1989 to create a regime that sets out ‘sustainable development indicators’ and ‘principles of sustainable development’. These indicators and principles would be inserted into the principal Act as separate schedules. Under the Bill, the Minister of Finance would be required to report on the indicators and principles when he or she presents budget-related Bills and reports to the House. Indicators include population, biodiversity, air and atmospheric, water, land use, energy, and waste. Principles include those relating to ecosystems and biodiversity, resource consumption, waste assimilation, precaution, rate of change, environmental value, economic system, efficiency and innovation, rate of change, and international connection.


Bills awaiting first reading

Airport Authorities (Publicising Lost Property Sales) Amendment Bill
Broadcasting (Games of National Significance) Amendment Bill
Companies (Annual Report Notice Requirements) Amendment Bill
Consumers’ Right to Know (Country of Origin of Food) Bill
Crimes (Increased Penalty for Providing Explosive to Commit Crime) Amendment Bill
Domestic Violence-Victims’ Protection Bill
Education (Tertiary Education and Other Matters) Amendment Bill
Employment Relations (Allowing Higher Earners to Contract Out of Personal Grievance Provisions) Amendment Bill
Housing Corporation (Affordable Housing Development) Amendment Bill
Iwi and Hapū of Te Rohe o Te Wairoa Claims Settlement Bill
Land Transport (Vehicle User Safety) Amendment Bill
Ngā Rohe Moana o Ngā Hapū o Ngāti Porou Bill
Public Finance (Sustainable Development Indicators) Amendment Bill
Student Loan Scheme (First Home Repayment Diversion) Amendment Bill


Bills defeated

Charter Schools (Application of Official Information and Ombudsmen Acts) Bill
Member in Charge: Nanaia Mahuta
57 in favour: Labour 31; Greens 14; New Zealand First 12
63 against: National 59; Māori Party 2; ACT 1; United Future 1

Environment Canterbury (Democracy Restoration) Amendment Bill
Member in Charge: Dr Megan Woods
57 in favour: Labour 31; Greens 14; New Zealand First 12
63 against: National 59; Māori Party 2; ACT 1; United Future 1

Land Transfer (Foreign Ownership of Land Register) Amendment Bill
Member in charge: Hon Winston Peters
57 in favour: Labour 31; Greens 14; New Zealand First 12
63 against: National 59; Māori Party 2; ACT 1; United Future 1


Bills before Select Committee

Submissions open

Bill

Select Committee

Closing date for Submissions (2017)

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

Social Services

3 March


Submissions closed

Bill

Select Committee

Report due (2016)

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

Commerce

13 March

Customs and Excise Bill

Foreign Affairs, Defence and Trade Committee

6 June

Education (Update) Amendment Bill

Education and Science

13 March

Electronic Interactions Reform Bill

Government Administration

13 April

Energy Innovation (Electric Vehicles and Other Matters) Amendment Bill

Commerce Committee

10 May

Enhancing Identity Verification and Border Processes Legislation Bill

Law and Order

13 March

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

Justice and Electoral

7 June

Health (Fluoridation of Drinking Water) Amendment Bill

Health

6 June

Healthy Homes Guarantee Bill (No 2)

Government Administration

28 April

Land Transport Amendment Bill

Transport and Industrial Relations

15 March

Local Government Act 2002 Amendment Bill (No 2)

Local Government and Environment

31 March

Maritime Transport Amendment Bill

Transport and Industrial Relations

16 May

New Plymouth District Council (Waitara Lands) Bill

Māori Affairs

22 March

New Zealand Intelligence and Security Bill

Foreign Affairs, Defence and Trade

24 February

Outer Space and High-altitude Activities Bill

Foreign Affairs, Defence and Trade

18 April

Point England Development Enabling Bill

Local Government and Environment

28 April

Private International Law (Choice of Law in Tort) Bill

Justice and Electoral

7 June

Rangitāne Tū Mai Rā (Wairarapa Tamaki nui-ā-Rua) Claims Settlement Bill

Māori Affairs

22 March

Rates Rebate (Retirement Village Residents) Amendment Bill

Local Government and Environment

9 May

Regulatory Systems (Building and Housing) Amendment Bill

Local Government and Environment

18 April

Regulatory Systems (Commercial Matters) Amendment Bill

Commerce

18 April

Regulatory Systems (Workplace Relations) Amendment Bill

Transport and Industrial Relations

18 April

Resource Legislation Amendment Bill

Local Government and Environment

10 May

Bills awaiting second reading

Bills that have recently been reported back to the House from a Select Committee are in bold and the Select Committee reports on these Bills are linked.

Appropriation (2015/16 Confirmation and Validation) Bill
Births, Deaths, Marriages, and Relationships Registration (Preventing Name Change by Child Sex Offenders) Amendment Bill
Food Safety Law Reform Bill as reported by the Primary Production Committee
Kermadec Ocean Sanctuary Bill
Land Transport (Admissibility of Evidential Breath Tests) Amendment Bill
Ngāi Te Rangi and Ngā Pōtiki Claims Settlement Bill
Public Collections and Solicitations (Disclosure of Payment) Bill
Social Security Legislation Rewrite Bill
Tauranga Moana Iwi Collective Redress and Ngā Hapū o Ngāti Ranginui Claims Settlement Bill
Taxation (Annual Rates for 2016-17, Closely Held Companies, and Related Matters) Bill


Bills awaiting third reading

Broadcasting (Election Programmes and Election Advertising) Amendment Bill
Electoral Amendment Bill
Fire and Emergency New Zealand Bill
Trade (Anti-dumping and Countervailing Duties) Amendment Bill
Te Awa Tupua (Whanganui River Claims Settlement) Bill  
Te Ture Whenua Māori Bill
Commerce (Cartels and Other Matters) Amendment Bill
Insolvency Practitioners Bill
Land Transfer Bill
Māori Purposes Bill
Maritime Crimes Amendment Bill
Minimum Wage (Contractor Remuneration) Amendment Bill
Natural Health and Supplementary Products Bill (formerly the Natural Health Products Bill)
Ngatikahu ki Whangaroa Claims Settlement Bill
Telecommunications (Property Access and Other Matters) Amendment Bill


Acts awaiting assent

Contract and Commercial Law Bill
Taxation (Business Tax, Exchange of Information, and Remedial Matters) Bill
Substance Addiction (Compulsory Assessment and Treatment) Bill

Acts assented

Charities Amendment Act 2017 (formerly part of the Statutes Amendment Bill)
This Act amends the Charities Act 2005 by providing that a person cannot be an officer of a charitable entity if they have been convicted of tax evasion or a similar offence under the Tax Administration Act 1994. The Act also provides that an application for registration as a charitable entity can be deemed withdrawn if the applicant does not respond to requests for further information in the specified timeframe.

Children, Young Persons, and Their Families (Advocacy, Workforce, and Age Settings) Amendment Act 2016
This Act amends the Children, Young Persons, and Their Families Act 1989 and is part of a broader reform package of state care reforms. The Act adds to the Chief Executive's duties in section 7 of the principal Act that the Chief Executive must ensure that children who are subject to services under the Act must be provided with support and an opportunity to express their views about matters important to them relating to the service. The Act also sets out the scope of social workers' powers as delegated by the Chief Executive in new sections 7A to 7G. These new sections also set out the conditions and responsibilities for delegations made to those who are not social workers. For example, the Chief Executive must be satisfied that the person who the chief executive is delegating power to is appropriately qualified to perform the function or exercise the power, taking into account the person’s training, experience, and interpersonal skills. Under the Act, all delegations and sub-delegations must be publicly notified. The Act replaces section 11 of the principal Act with a section that ensures children and young people must be encouraged and assisted to participate in the proceedings or process to the degree appropriate for the young person’s age and maturity. The Act also extends the age of state care protection up until a person’s 18th birthday by amending the definition of ‘young person’ in section 2 of the principal Act.     

New Zealand Horticulture Export Authority Amendment Act 2016
This Act amends the New Zealand Horticulture Export Authority Act 1987 for the purpose of ‘updating’ and ‘futureproofing’ the Act. The Act amends the meaning of ‘processed product’ by changing the definition of ‘processed’ to exclude the adding of sugar or another sweetener to the product and the rendering of certain products into a chilled, frozen, concentrated, or pureed state.  The Act also replaces requirements to be met before a prescribed product is declared. For example, the Minister now must have regard to whether one or more varieties or cultivars should be excluded from the product. Under a new section 25A, the product group must also demonstrate support for the proposal. The Act increases the fine for those who export a product without an export licence (if required) from up to $10,000 to up to $50,000. The Act also allows for the New Zealand Horticulture Export Authority to exempt a joint venture from the requirement to hold an export licence for up to one year, if each participant in the joint venture is licensed to export the product to the intended market. In addition, the Act inserts a new section 42A, which allows for information sharing agreements between the New Zealand Customs Service and the Director-General of the Ministry for Primary Industries. The New Zealand Horticulture Export Authority must consult with the Privacy Commissioner before entering or amending such an agreement. Lastly, the Act increases the maximum fine for a person convicted of an offence against the principal Act from $4,000 to $10,000.

Rangitāne o Manawatu Claims Settlement Act 2016
This Act gives effect to the deed of settlement signed on 6 August 2016 by the Crown and Rangitāne o Manawatu, and provides for the final settlement of historical Treaty of Waitangi claims to Rangitāne o Manawatu. The Act formally records a Crown apology and sets out a range of commercial and cultural redress as provided for in the deed of settlement. Among this redress, the Act includes a statutory acknowledgement by the Crown of the statements made by Rangitāne o Manawatu of their cultural, historical, spiritual, and traditional association with certain statutory areas and the effect of that acknowledgement, together with deeds of recognition for specified areas. The Act establishes an advisory board to provide advice in relation to freshwater management issues relating to the Manawatu River catchment, to the extent that the catchment is within the jurisdiction of the Manawatu–Wanganui Regional Council. The Act also provides for cultural redress requiring vesting in the trustees of the fee simple estate in certain cultural redress properties.

Sale and Supply of Alcohol (Display of Low-alcohol Beverages and Other Remedial Matters) Amendment Act 2016
This Act amends the Sale and Supply of Alcohol Act 2012 to correct minor and technical issues that have arisen since its enactment. The Act replaces the definition of ‘working day’ to exclude the following Monday of Waitangi or Anzac day if those days fall on a Saturday or Sunday. The Act also allows for companies, as defined by the Companies Act 1993, to hold an on-licence, off-licence or special licence if it is not restricted to do so by its constitution. The Act also excludes low-alcohol or non-alcohol beer, wine, or mead from conditions that that apply to alcohol areas (such as display advertising restrictions).

Statutes Amendment Act 2016
This is an omnibus piece of legislation that consists of minor and non-controversial amendments to existing legislation. The pieces of legislation amended in this Act are:

  • Accident Compensation Act 2001
  • Airport Authorities Act 1966
  • Bail Act 2000
  • Children, Young Persons, and Their Families Act 1989
  • Commodity Levies Act 1990
  • Community Trusts Act 1999
  • Companies Act 1993
  • Conservation Act 1987
  • Corrections Act 2004
  • Crown Entities Act 2004
  • Employment Relations Act 2000
  • Fisheries Act 1996
  • Government Roading Powers Act 1989
  • Harassment Act 1997
  • Health Practitioners Competence Assurance Act 2003
  • Land Transport Act 1998
  • Land Transport Management Act 2003
  • Members of Parliament (Remuneration and Services) Act 2013
  • Misuse of Drugs Act 1975
  • New Zealand Superannuation and Retirement Income Act 2001
  • Oaths and Declarations Act 1957
  • Parliamentary Service Act 2000
  • Protection of Personal and Property Rights Act 1988
  • Public Finance Act 1989
  • Sale and Supply of Alcohol Act 2012
  • Sentencing Act 2002
  • State Sector Act 1988
  • Vulnerable Children Act 2014
  • Wildlife Act 1953

Subordinate Legislation Confirmation Act 2016
This Act confirms subordinate legislation that would otherwise be revoked by virtue of terms in the principal Act. The Act is directed at items of subordinate legislation made or presented to the House in the year ending 30 June 2016. Those are:

  • two sets of regulations under the Animal Products Act 1999
  • an order under the Biosecurity Act 1993
  • two orders under the Commodity Levies Act 1990
  • three orders under the Customs and Excise Act 1996
  • regulations under the Energy (Fuels, Levies, and References) Act 1989
  • an order under the Fisheries Act 1996
  • regulations under the Gambling Act 2003
  • regulations under the Land Transport Act 1998
  • regulations under the National Animal Identification and Tracing Act 2012
  • an order under the Social Security Act 1964
  • an order under the Tariff Act 1988
  • two orders under the Wine Act 2003

Taranaki Iwi Claims Settlement Act 2016
This Act gives effect to the deed of settlement signed on 9 August 2014 by the Crown and Te Atiawa, and provides for full and final settlement of historical Treaty of Waitangi claims to Te Atiawa. The Act formally records a Crown apology and provides a range of commercial and cultural redress as provided for in the deed of settlement. The cultural redress set out in the Act includes a Crown acknowledgment of the cultural significance of certain statutory areas for Taranaki and sets out protocols for conservation, fisheries, and taonga tūturu. The Act also provides commercial redress by setting out provisions required to facilitate the transfer of deferred selection properties and for the right of first refusal over specified land.

Te Atiawa Claims Settlement Act 2016
This Act gives effect to the deed of settlement signed on 5 September 2015 by the Crown and Taranaki iwi, and provides for the final settlement of historical Treaty of Waitangi claims to Taranaki iwi. The Act formally records a Crown apology and provides a range of commercial and cultural redress as provided for in the deed of settlement. The cultural redress provided for in the Act includes a statutory acknowledgement by the Crown of the statements made by Te Atiawa of their cultural, historical, spiritual, and traditional association with certain statutory areas and the effect of that acknowledgement, together with deeds of recognition for those specified areas. The cultural redress also provides for the vesting in the trustees of the fee simple estate in certain cultural redress properties, and the provision for the iwi of Taranaki to participate in certain processes of the Taranaki Regional Council. Commercial redress in the Act includes the transfer of deferred selection properties and a right of first refusal over exclusive and non-exclusive land.

Wildlife (Powers) Amendment Act 2017
This Act amends the Wildlife Act 1953 by increasing powers for rangers to investigate offences and apprehend offenders. The Act introduces four new powers in sections 39A–39G that are an addition to existing powers in the principal Act. Firstly, a ranger may seize evidential material that they reasonably believe relates to the investigation of a suspected offence in the Act. Secondly, a ranger may require a person suspected of an offence to stop the activity they are doing. Thirdly, rangers are given the power to intervene in a reasonable manner if a person is committing or about to commit an offence under the Act. Fourth, the Director-General may issue powers of arrest to a ranger, and other listed people (such as a constable). Specific conditions of arrest are set out in the Act, for example: the arresting officer must believe on reasonable grounds that the person has committed or is committing an offence against a provision relating to absolutely protected wildlife; liberating wildlife; hunting, killing, buying, or selling marine wildlife; or robbing or disturbing the nest of marine wildlife. In addition to these four powers, the Act also gives rangers the power to require suspected offenders to give their date of birth, name, residential address, and evidence of that information under a new section 66A. Previously, a ranger could only demand a person’s ‘real Christian name, surname, and place of abode’.


Legislative instruments

Agricultural Compounds and Veterinary Medicines (Exemptions and Prohibited Substances) Amendment Regulations 2016
Aorangi Māori Trust Board Order 2017
Building (Accreditation of Building Consent Authorities) Amendment Regulations 2017
Building (Pools) Regulations 2016
Customs and Excise Amendment Regulations 2016
Customs Import Prohibition (High-power Laser Pointers) Order 2017
Evidence Amendment Act 2016 Commencement Order 2016
Evidence Amendment Regulations 2016
Financial Markets Conduct (Small Co-operatives) Exemption Notice 2016
Financial Markets Conduct (Wholesale Investor Exclusion—$750,000 Minimum Investment) Exemption Notice 2017
Fisheries (Notification of Tangata Kaitiaki/Tiaki for Area/Rohe Moana of Rongomaiwahine) Notice 2017
Fisheries (Notification of Tāngata Tiaki/Kaitiaki for Area/Rohe Moana of Te Rūnanga o Kaikōura) Notice 2016
Governor-General (Allowance) Order 2017
Governor-General (Salary) Determination 2016
Hazardous Substances and New Organisms (Schedules 1AA and 2A) Order 2016
Health Practitioners (Protected Quality Assurance Activity—Australasian Vascular Audit) Notice 2016
Health Practitioners (Protected Quality Assurance Activity—Capital and Coast DHB) Notice 2016
Hurunui/Kaikōura Earthquakes Recovery (Coastal Route and Other Matters) Order 2016
Imports and Exports (Restrictions) Prohibition Order (No 2) 2004 Amendment Order 2016
Local Government Elected Members (2016/17) (Certain Local Authorities) Amendment Determination (No 2) 2016
Lotto Amendment Rules 2017
Minimum Wage Order 2017
Overseas Investment Amendment Regulations (No 2) 2016
Parental Leave and Employment Protection (Rate of Parental Leave Payment) Regulations Revocation Order 2017
Parental Leave and Employment Protection Amendment Regulations 2017
Patents (Trans-Tasman Patent Attorneys and Other Matters) Amendment Act 2016 Commencement Order 2017
Public Finance (Predator Free 2050 Limited) Order 2016
Radiation Safety Regulations 2016
Real Estate Agents Authority (Fees and Levies) Notice 2016
Social Security (Effect of Absence of Beneficiary from New Zealand) Amendment Regulations (No 2) 2016
Student Loan Scheme (Repayment Threshold) Regulations 2016
Takeovers Code (Small Code Companies) Exemption Notice 2016
Tax Administration (Direct Credit of GST Refunds) Order 2016


In the week ahead

What’s coming up in the House

When the House resumes on Tuesday 7 March, the Government will look to complete the second reading of the New Zealand Intelligence and Security Bill, the second reading of the Taxation (Annual Rates for 2016–17, Closely Held Companies, and Remedial Matters) Bill and a number of other bills on the Order Paper.

Wednesday 8 March will be a Members’ Day.

In trade

Tariff concessions

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

Applicant

Proposed tariff concession

Tariff item

Closing date for objections (2017)

J C Sherratt & Company Limited

Porcine powder products being plasma powder, haemoglobin powder or globin powder.

1602.90

28 February

Nutritech International Limited

Animal feed supplement being a blend of specific plant extracts formulated to encourage feed intake and improve performance in calves.

2309.90.19

28 February

Youngman Richardson & Co Limited

Plastic constant pressure water supply unit.

3923.90.28

28 February

Seaworks Limited

Indoor unit, with electronically controlled refrigerant expansion valve, for network connection to a multi head variable refrigerant flow (VRF) heat transfer and recovery system.

8415.90.00

28 February

In consultation

New

Who

What

By when

Civil Aviation Authority

(2017) Taranaki Airspace Review.

30 March

Department of Conservation

Application from J Westrupp, S Graham, D Hartendorf, J Corbett and Kura Kaupapa Maori Whakarewa I Te Reo ki Tuwharetoa to hold whale bone.

24 February

10-year Kiwi Recovery Plan to provide guidance to DOC and kiwi conservation partners about the priority work required to achieve the recovery of kiwi species.

28 February

Intention to grant a 30-year concession under section 17Q of the Conservation Act 1987 to Goldfields Limited to provide a gold mining experience for tourists and to operate a licensed cafe/restaurant at the Kawarau Gorge Mining Centre.

31 March

Draft Wellington Conservation Management Strategy.

4 April

Electricity Authority

Supplementary consultation paper setting out refinements to May 2016 proposal Transmission Pricing Methodology (TPM) second issues paper.

24 February

Draft determination of who caused the 8 September 2016 under-frequency event.

14 March

Draft determination of who caused the 3 October 2016 under-frequency event.

14 March

Environmental Protection Authority

Application by Ag Research seeking approval under the Hazardous Substances and New Organisms Act (HSNO Act) to release 18 new grass species closely related to perennial ryegrass.

22 February

External Reporting Board

Exposure Draft on Employee Benefits: The proposals in the Exposure Draft are relevant for public benefit entities (PBEs) in both Tiers 1 and 2.

31 March

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

12 April

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

26 May

Financial Markets Authority

Proposal for a possible class exemption from the Financial Markets Conduct Act 2013 for managers of multiple participant schemes          .

17 March

Food Standards Australia New Zealand

Draft variations to the Code arising from an application to permit the use of the enzyme endo ß(1,4) xylanase, derived from Pseudoalteromonas haloplanktis, and produced by a genetically modified source of Bacillus subtilis, for use as a processing aid in the manufacture of cereal products. 

6 March

 

Draft variations to the Code arising from application to permit the use of a new source of beta-galactosidase from a genetically modified strain of Bacillus licheniformis to be used as a processing aid during the production of reduced lactose or lactose free milk and dairy products.

16 March

Inland Revenue Department

Discussion Document Making tax simpler – Proposals for modernizing the Tax Administration Act.

24 February

Draft guidance for financial institutions on entities' responsibilities under the OECD Common Reporting Standard.

28 February

Whether administrative services (registry or accounting functions) or investment management services acquired by the manager of a unit trust to satisfy its obligations under the contract with investors are exempt supplies.

23 March

Whether services supplied by the manager of a unit trust under a contract with investors in the unit trust are exempt supplies.

23 March

Ministry of Business, Innovation and Employment

Proposed changes to the Unit Titles Act 2010.

3 March

Further consultation on fixed line communication services.

3 March

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

19 May

Draft Financial Services Legislation Amendment Bill intended to amend the Financial Advisers Act 2008.

31 March

Ministry for the Environment

Proposed ban on the sale and manufacture of plastic microbeads in personal care products in New Zealand.

28 February

Ministry for Primary Industries

Proposal to change the template for food control plans under the Food Act 2014.

23 February

Changes to Chapter 4 of the Operational code petfood processing 'harvesting and processing of wild rabbits, hares, wallabies, possums, goats and deer'.

24 February

Request from The Patuharakeke Te Iwi Trust Board for a two-year temporary closure to the take of all shellfish at Mair Bank and Marsden Bank, Whangarei.

27 February

Proposed amendments to Import Health Standard 155.02.05 (seeds for sowing) and requirements for pea seed imports.

13 March

Feedback on the proposed Part 2 of the  Processing of poultry code of practice (good operating practice).

26 March

Proposal to amend the Marlborough Sounds resource management plan to enable relocation of up to six salmon farms.

27 March

New Zealand Qualifications Authority

Review of English for Academic Purposes (EAP) unit standards.

28 February

Review of the six Literacy and Numeracy unit standards.

6 March

PHARMAC

Proposed changes to the Pharmaceutical Schedule to fund the provision of influenza vaccine (flu vaccine) to people 65 years and over and pregnant women in community pharmacies.

24 February

Standards New Zealand – Joint Standards

To set out a procedure for the beating of pulp using a PFI mill. Information on care and maintenance of the mill is also provided: AS/NZS 1301.209:2016.

24 February

To specify minimum safety requirements for rope lights fitted with series or parallel connected light sources for use of either indoors or outdoors with supply voltages not exceeding 250 V: AS/NZS 60598.2.20:2016.

24 February

This Amendment applies to the Preface, and Appendices ZZ and ZA (new). Issues identified where controlgear is used in close proximity to or under building thermal insulation. These requirements take into account requirements from AS/NZS 60598.2.2, Luminaires, Part 2.2: Particular requirements—Recessed luminaires: AS/NZS 61347.2016 Amd1.2016.

24 February

Nominates two means by which a manufacturer can demonstrate compliance to the Standard: (a) The use of a product certification scheme (b) The use of a minimum sampling and testing frequency plan: AS/NZS 2638.1:2011.

1 March

To provide designers of cold-formed steel structures with specifications for cold-formed steel structural members used for load-carrying purposes in buildings and other structures: AS/NZS 4600:2016.

3 March

To specify construction and tests of reeling and trailing cables specifically designed for use in underground coal mines: DR 1802. 

21 March

To provide designers, suppliers, purchasers and users of oil-immersed power transformers with requirements for insulation levels, dielectric tests and minimum external clearances in air between live parts of bushings and to objects at earth potential: AS/NZS 60076.3:2017.

29 March

Current

Who

What

By when (2017)

Energy Efficiency and Conservation Authority (EECA)

Proposed energy efficiency standards for lighting products to introduce minimum energy performance standards for LED lamps and commercial luminaires.

24 February

EECA's seeking of proposals from suitably qualified suppliers to become registered programme partners for the energy auditing programme.

31 March

EECA's seeking of proposals from suitably qualified suppliers to become registered programme partners for the energy systems optimisation programme.

31 March

EECA's seeking of proposals from suitably qualified suppliers to become registered programme partners for the monitoring and targeting programme.

31 March

EECA's seeking of proposals from suppliers to become registered programme partners for the energy management plan programme.

31 March

Ministry of Education

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

13 April

This publication is intended only to provide a summary of the subject covered. It does not purport to be comprehensive or to provide legal advice. No person should act in reliance on any statement contained in this publication without first obtaining specific professional advice. If you require any advice or further information on the subject matter of this newsletter, please contact the partner/solicitor in the firm who normally advises you, or alternatively contact one of the partners listed below.

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