Housekeeping 14: Sitting Week 5-7 July 2011

Government Bills

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.


Regulatory Standards Bill

This ACT Party Bill sets clear standards that new rules and regulations will be measured against. 

These standards spell out what good laws look like and should do.  For example, laws and regulations should treat everyone equally, be accessible and easy to understand, should not remove property rights without good reason or without compensation, and should not remove right to appeal to the Courts. Second, the Bill would require anyone proposing new laws or regulations to certify that their proposals meet such standards. 

If laws don’t meet the standards, the person proposing the law – for example, a Minister or MP – would need to explain to Parliament why the law doesn’t comply and why this is in the public interest. Finally, if someone believes that a new law doesn’t meet the standards, they will be able to go to Court, the Court can then issue a ‘declaratory judgement.’

  ACT has agreed to support all stages of this Bill. 


Courts and Criminal Matters Bill

The Courts and Criminal Matters Bill is an omnibus Bill amending a number of statutes to enhance the courts’ powers and processes for the collection of fines and other monetary penalties, and civil debt. The Courts and Criminal Matters Bill amends:

• the District Courts Act 1947 to improve the efficiency and effectiveness of the civil debt enforcement system
• the Land Transport Act 1998 to introduce Driver Licence Stop Orders as a new penalty enforcement measure in relation to traffic offences
• the Summary Proceedings Act 1957 and other Acts to improve the collection and enforcement of monetary penalties including by:
• authorising the inclusion of overdue penalties in credit reports
• giving the courts priority over secured creditors for the sale proceeds of seized property in certain circumstances
• authorising the Courts to substitute prison or home detention sentences for unaffordable and unenforceable reparation sentences and orders
• the Sentencing Act 2002 to improve the operation of the reparation and vehicle confiscation penalty regimes

ACT has agreed to support all stages of this Bill. 
 

Weathertight Homes Resolution Services Amendment Bill

This Bill will implement the Government’s Financial Assistance Package as agreed by the Ministers of Finance, Local Government, and Building & Construction.

   ACT has agreed to support all stages of this Bill.


   SOP to the Weathertight Homes Resolution Services (Financial Assistance Package) Amendment Bill

The SOP amends the Bill to provide for the legislation to commence on 1 July 2011, the SOP will be introduced during the CWH (the Bill had its second reading on 12/5/11). 

The Bill currently provides for legislation to commence by Order in Council no later than the first anniversary of the date of Assent. PCO have recommended the SOP bring the legislation into force. This is consistent with the recommendations of the Regulations Review Committee and the Department of Building and Housing.   

ACT has agreed to support this SOP. 


  
Private and Local Bills

Royal Society of New Zealand Amendment Bill

This Bill, put forward by the Society through the local Member Grant Robertson, amends the principal Act to allow the Society, at their request, to expand their functions to include the research of humanities.

ACT has agreed to support this Bill.


Member’s Bills

Education (Freedom of Association) Amendment Bill

This Bill will make membership of student unions/associations voluntary. Students remain the only sector of society to be forced to join a union.

Although the right of conscientious objection is written in law, many unions have refused students the right to opt-out. This Bill will make student unions/association opt-in, in the same way that trade unions are, so that no student is compelled to join.

ACT has agreed to support this Bill.