Housekeeping 13: Sitting Week 21-23 June 2011

Telecommunications (TSO, Broadband and Other Matters) Amendment Bill

The Bill (in their words) will: help with the roll-out of broadband in urban and rural areas by:

1. Reforming the Telecommunications Service Obligations (TSO) framework (a set of reforms to the legislative framework which supports the establishment, administration and funding of “TSO instruments”); and
2. Introducing a package of Government measures to streamline the technical and administrative procedures for the construction and deployment of broadband infrastructure.

The Bill contains amendments to the Act which set out a legislative framework for the declaration and management of TSO instruments. These instruments record arrangements between the Crown and a service provider for the delivery of telecommunications services which would not otherwise be delivered on a commercial basis or at an affordable price. The Bill:

• amends the basis for calculation of the net cost of deemed TSO instruments (including the TSO Deed for Local Residential Telephone Service – the Local Service TSO – provided by Telecom); and
• streamlines the legislative funding mechanisms for TSO instruments by introducing a new Telecommunications Development Levy (the TDL), which will be collected from industry participants annually and be used for the payment of TSO-related compensation, rural telecommunications infrastructure development and upgrades to the emergency services calling system. The levy amount to be collected is set at $50 million for 6 years and $10 million thereafter.

Part 2 of the Bill contains amendments to insert a new Part 4AA to the Act to establish a regulatory framework for the enhanced telecommunications networks that will be established under the UFB Initiative and the RBI. The key legislative amendments to this effect—
 

• establish a statutory framework enabling the Crown to accept binding ‘open access’ undertakings from service providers;
• where a service provider has had open access undertakings approved, restrict the Telecommunications Commissioner from recommending regulation of access to the service provider’s FTTP access infrastructure until 31 December 2019; and
• establish a new information disclosure regime to require those service providers who qualify for forbearance from FTTP service regulation to disclose information regarding network and service costs and characteristics to the Commerce Commission.
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• In an agreement reached with the Maori Party Minister Joyce has agreed to remove the controversial 10 year regulatory forbearance period or ‘regulatory holiday’.

ACT Minority Report:

ACT’s Minority Report criticises the Bill as ‘Picking Winners’ by encouraging companies to invest in technology that may become obsolete. The report also notes that New Zealand may get little benefit from faster broadband (relative to the cost) and that the fibre roll out will likely be ineffective without lines going in and out of New Zealand also being upgraded.

Three ACT MPs have agreed to support this Bill.


New Zealand Security Intelligence Service Amendment Bill

This Bill implements Government policy decisions to update the interception warrant framework. The following specific issues are addressed in the Bill:

• the principal Act does not expressly provide for the NZSIS to undertake tracking of subjects by electronic means. The Bill will clarify that the warrant framework does cover the use of electronic tracking devices:
• the principal Act needs to be updated to provide a clear framework for facilities to be the subject of surveillance (such as telephone numbers or IP addresses). The Bill will confirm that facilities can be specified as the subject of warrant applications. This is a necessary update in an age where the use of mobile phones and cyber identities is common:
• authorities provided to the NZSIS also require clarification in the area of computer-based surveillance. Section 253 of the Crimes Act 1961 already provides a qualified exemption to the “access without authorisation” offence for the NZSIS. The current approach of providing a qualified exemption for some activities relating to computers, but not others, creates uncertainty for the intelligence agencies, as well as for other agencies acting under warrant:
• the principal Act does not adequately protect from liability those persons exercising NZSIS entry powers when they are seeking to obtain or facilitate entry. The principal Act also fails to provide consistent protection to all persons acting under NZSIS warrants from liability, regardless of the foreign or domestic status of the warrant. The Bill will clarify protections in the Act for persons acting in accordance with a warrant:
• there is an existing requirement to specify, in advance, all those persons assisting the NZSIS under warrant. The Bill amends this requirement, which will improve efficiency and enable the NZSIS to respond more quickly to changes in circumstances.

ACT has agreed to support this Bill.


Notice of Motion to suspend Standing Orders for Courts and Criminal Matters Bill

This is a notice of motion suspending Standing Order SO 299 (1) to authorise the Committee of the whole House to consider and adopt the amendments set out on SOP 202. The SOP strengthens fines enforcement and civil debt recovery processes.

All amendments are within the scope of the Bill – a view confirmed by the Office of the Clerk. The Government intends to extend the amendments of the SOP to six Acts not included in the omnibus Bill:

• the Crimes Act 1961,
• the Criminal Proceeds (Recovery) Act 2009,
• the Disputes Tribunals Act 1988,
• the Misuse of Drugs Act 1975,
• the Misuse of Drugs Amendment Act 1978, and
• the Residential Tenancies Act 1986.
  
  SO 299 (1) prevents an omnibus bill amending an Act that was not amended by the bill as originally introduced, without leave of the committee. The Green Party have agreed not to support the request for leave as they oppose the Bill.

The alternative to suspending the Standing Orders is redrafting the entire SOP 202 which would compromise the Government’s intention to see the Bill implemented by the end of the year.

ACT has agreed to support this Motion.