Housekeeping 15: Sitting Week 16-18 August 2011

Legal Assistance (Sustainability) Amendment Bill

This Bill amends the Legal Services Act 2011 to implement the Government’s policy, to make legal aid more affordable, announced in April 2011. The means test for family cases will be tightened for family cases and the existing means threshold for family and civil cases ($22,000 per year for a single adult and $50,934 for adult with two dependents) will be extended to less serious criminal cases. Automatic inflation adjustment of eligibility thresholds will be discontinued with future adjustments made in line with Budget priorities. The changes contained in the Bill will not affect cases involving vulnerable parties, care and protection of children, and serious criminal matters. ACT issued a press release in April 2011 supporting the overhaul of the legal aid system.

ACT has agreed to support this Bill.

Biosecurity Law Reform Bill

This Bill is in two parts. Part One makes amendments to the Biosecurity Act 1993 to ‘improve and modernise the biosecurity system’.

Changes include:

• Adding the craft risk management standard to the Act (clause 22 AC – 22 AF of the Bill). The standard specifies requirements for craft entering and remaining in NZ territory. Craft owners and operators can apply to operate under a craft risk management plan that contains requirements equivalent to but different from the risk management standard. They must make and submit a plan, specifying the risks, to the Director-General of MAF for his/her approval.
• Authorising MAF to enter agreements with industry organisations under which they will take joint decisions on readiness and response (clause 100 S to 100 ZC of the Bill). Organisations must be able to meet financial commitments under the agreement and must have consulted with producers in the sector. Possibly giving excessive authority to selected industry organisations?
• A strict liability offence for providing false information in connection with the importation of goods or taking steps to hinder the detection of goods (clause 154 of the Bill).

Part Two amends the Maritime Transport Act 1994 to implement the International Convention for Control and Management of Ship’s Ballast Water and Sediments, 2004.

• Allowing a levy on ships discharging ballast from outside NZ waters into NZ waters.
• Making it an offence to discharge ballast water in breach of marine protection rules or articles 9 and 10 of the convention.

Select Committee changes:

Amendments relating to border risk management:

• Amending clause 17 to remove the requirements for importers to retain records, instead publishing a statement of the duties that are expected of importers.
• Inserting new section 142H to provide a clear legal framework to retain information for risk profiling purposes. Information given or disclosed to the Director-General by biosecurity agencies can be used or shared by the Director-General with other agencies for the purposes of protecting biosecurity.
• Improving the legislative framework for collaborating with other agencies.

Amendments relating to readiness and response:

• New provisions authorise MAF to enter agreements with industry organisations to take joint decisions on readiness and response.

ACT has agreed to support this Bill.

URGENCY

Freedom Camping Bill

The intention of the Bill is to minimise negative effects of freedom camping. There are two areas of behaviour addressed; camping in unsuitable areas, and campers leaving waste. The Bill creates an offence of freedom camping in an area where it is not permitted and an offence in relation to depositing human or other waste on local authority or conservation land. The Bill allows local authorities to make bylaws specifying where freedom camping is prohibited or restricted and the conditions of any restriction.

Currently local authorities have difficulty imposing fines as fines cannot be attached to vehicles, Councils have supported the Bill as it makes existing rules more enforceable. Freedom camping is generally permitted under the Bill unless prohibited through bylaws. The Motor Caravan Association (NZMCA) supports the Bill’s intent but has concerns about the power the Bill gives to Councils to designate ‘no camping’ areas to campers with self-contained motorhomes.

ACT has agreed to support this Bill.

SOP to Freedom Camping Bill

The SOP makes a number of technical amendments to the Bill, mostly being amendments that update and correct the references to bylaws specified in Schedules 3 and 4. Secondly it authorises rental companies that are served with infringement notices for an infringement offence to debit the credit card of the hirer with the amount of the infringement fee.

ACT has agreed to support this SOP.

Student Loan Scheme Bill

This Bill makes a number of policy changes relating to the administration of the student loan scheme:

• Make the student loan process a largely electronic system, allowing additional repayments and contact etc easier.
• Reduce the late payment penalties to encourage repayment of overdue debt.
• Introduce a threshold of $1,500 of pre-tax income such as interest and dividends below which borrowers will not have to make additional student loan repayments.
• Allow the Commissioner of IRD to require additional repayments to correct major under deductions.
• Exempt current and future student loan contracts from the Credit Contracts and Consumer Finance Act 2003.

ACT has agreed to support this Bill.

Taxation (Tax Administration and Remedial Matters) Bill

The Bill amends the Tax Administration Act 1994 to make improvements to tax administration.

Disclosure of information

The Bill makes it easier for Director to disclose information, for tax administration purposes, when:

• He/she is responding to incorrect media statements about Inland Revenue
• Disclosing statistical data and information to Treasury
• Disclosures have been expressly consented to by the taxpayer
• Information already in the public domain
• Sharing of information

The Bill makes it easier for the Director to share information with other government agencies when the agency already has the ability and authority to collect such information in its own right. This will avoid unnecessary duplication of effort. Privacy concerns are alleviated: affected agencies and the Privacy Commissioner must be consulted prior to the Minister recommending an Order in Council.

Tax disputes procedure

Taxpayer-initiated disputes will be more closely aligned with Commissioner-initiated disputes.

Clause 67 abolishes the small claims jurisdiction of Taxation Review Authorities; the merits of a dispute to be considered by the Commissioner.

Clauses 68 & 69 extend the timebar for taxpayer’s exercising their right of appeal in the disputes process.

Clause 70 clarifies when a taxpayer can challenge an income tax or GST assessment.

Other Changes include:

Part 3 of the Bill abolishes gift duty. A good move, gift duty is estimated to raise revenue of only $1m while attracting administration costs of $430,000.

Clause 41 gives donee status to 7 overseas orientated charities.

Clause 80 allows for credit card payments of overdue tax, with the taxpayer paying applicable fees.

Clause 83 retrospectively clarifies that interest paid (on underpayments and overpayments of tax) is deductible.

ACT has agreed to support this Bill.

Supplementary Order Paper to the Taxation (Tax Administration and Remedial Matters) Bill

This SOP amends the Bill to add a new provision to relieve interest charged on overdue tax for some workers involved in the Christchurch earthquake recovery. Currently when foreign workers stay in New Zealand for extended periods of time they can be subject to New Zealand tax, backdated to their first day of presence. Some foreign earthquake recovery workers only intended to be in New Zealand for short stays but have had their stays unexpectedly prolonged due to continuous aftershocks. The SOP also contains technical amendments to foreign investment PIE rules.

The SOP also makes an amendment to a technical provision in the Bill relating to inter-corporate dividend exemptions, a provision that is retrospective. The provision allows dividends paid from one company to another in the same group to be tax exempt if they have different balance dates. Maori authorities who have already received dividends from subsidiaries and acted on the basis that dividends were taxable would be faced with compliance costs if forced to reverse tax credits attached to the authority. The Committee agreed to make the change prospective for Maori authorities but due to a drafting oversight this was not given effect in the Bill.

ACT has agreed to support this SOP.

Duties of Statutory Officers (Census and Other Remedial Provisions) Bill

This Bill defers the census from this year to 2013 by amending the Statistics Act 1975. The 2011 census was cancelled in the wake of the February 22 Canterbury earthquake. The Bill also includes amendments to enable the Chief Parliamentary Counsel to delegate his or her powers in the period of absence, similar to the delegation powers currently afforded to the Clerk of the House of Representatives.

ACT has agreed to support this Bill.
 

Education Amendment Bill (No 4)

The Bill seeks to strengthen regulation of the tertiary education system by the NZQA and facilitate expansion of international education in New Zealand.

Tertiary Education:

The NZQA will take full responsibility for its quality assurance functions under the Education Act 1989, currently these can be delegated. Rules made under the new rules regime will have the legal status of deemed regulations, meaning they can be scrutinised by the Regulations Review Committee, similar to those administered by the Civil Aviation Authority and Maritime New Zealand.

International Education:

The Bill establishes Education New Zealand, a Crown agent, which will safeguard the quality and reputation of New Zealand Education and its Crown-funded overseas promotion. This function is currently being performed by three separate entities, all will be merged.

Select Committee Changes:

The Committee recommends allowing the Minister to give direction listing the categories of student services an institution may provide. This amendment would also make it clear that where an institution had been given a ministerial direction the fee fixed by the institution would be limited to covering services in those categories. The purpose of this amendment is to ensure accountability in the use of compulsory student service fees.

ACT has agreed to support this Bill.

Aquaculture Legislation Amendment Bill (No 3)

This Bill will:

• streamline planning and consenting processes by removing the requirement for Aquaculture Management Areas (normalising aquaculture in the RMA);
• provide stronger incentives for industry development while maintaining existing processes to ensure environmental limits are respected;
• enable central government to take a more active role in aquaculture planning and consenting (Councils will be able to ask for Ministerial direction);
• honour the Settlement under the Māori Commercial Aquaculture Claims Settlement Act.

ACT has agreed to support this Bill.

SOP to Aquaculture Amendment Legislation Bill (no. 3)

The Aquaculture Legislation Amendment Bill No 3 is laid out in five parts.  These are the four acts that will be amended, and schedules that will remain in the Bill itself.  Below is a list of the major changes proposed:

Transitional Act

• Discount Regulations won’t apply to outstanding applications
• 2004 Settlement provisions apply to new space in Gazetted Aquaculture Areas
• Confirm the Waikato Communal Area marine farm permit to 2033
• Prevent exempted Western Firth of Thames Spat Catching applications from resuming on day of enactment

Fisheries Act

• Amend notification of UAE decisions
• Remove the proposal for all quota owners to vote on Pre-Request Agreements
• Remove proposed change to Judicial Review period

Settlement Act

• Obligation will be met by Crown, not individuals
• Provides for Regional Agreements to deliver settlement within 2-3yr timeframe
• Regional Agreements can be a combination of space, financial or anything else
• Enables space to set aside by gazette notice
• Default mechanism established
• Provides for periodic review of obligation

This SOP is designed to allow the Crown to fulfil existing settlement obligations. A two page summary of this SOP has been given by Hon Heatley to Hilary Calvert and is available to members.

Resource Management Act

• Allowed for consents to be processed concurrently with a private plan change, including with the EPA route
• Regional Councils must take account of existing information when ‘re-consenting’
• Limits Minister of Conservation power to allow incumbent farmers' priority right to apply to change species

Amendment Act

Coromandel Marine Farm Zone:

• Establishes new 300ha finfish zone
• Allows for staged development and limits nitrogen
• Sets aside space for settlement, and uses weighted tendering for the remaining space.

The finfish zone is being established because the industry has signalled a desire to commercially trial the farming of hapuku and/ or kingfish. Any consents for aquaculture activity will be subject to the RMA. The zone has been chosen because it avoids major constraints on aquaculture such as commercial shipping and ferry routes. A two page summary of this SOP is available to members.

ACT has requested further research of the amendments contained in the SOPs before making a decision.

Trade Marks (International Treaties and Enforcement) Amendment Bill

This Bill will:

• Accede to the Madrid Protocol Relating to the Madrid Agreement.Accede to the Nice Agreement Concerning the International Classification of Goods and Services for the Purposes of the Registration of Marks.
• Ratify the Singapore Treaty on the Law of Trademarks.
• Empower MED and Customs to enforce the criminal offence provisions under the Trade Marks Act and the Copyright Act related to counterfeit goods and pirated works.

Summaries of all Agreements are available.

ACT has agreed to support this Bill.

Maori Purposes Bill

This is an omnibus Bill that changes how a Maori estate is administered and amends three further Acts relating to Maori trusts and trust boards.

ACT has agreed to support this Bill.

Statutes Amendment Bill (No 2)

This is an omnibus bill consisting of a large number of amendments of a minor or tidy-up nature to 20 disparate Acts. A summary of amendments is available to Members on request. Note: ACT has been advised by the Government that the proposed amendments involving the Horticulture Export Authority regarding pip fruit will not be included in this Bill.

ACT has agreed to support this Bill.

Commerce Commission (International Co-operation, and Fees) Bill

This Bill allows the Commerce Commission to work with their equivalent overseas regulators, in particular the ACCC in Australia. It will allow the Commission to use their statutory powers to provide investigative assistance to overseas competition and consumer regulators and to provide compulsorily acquired information to overseas regulators. The Bill will also make some changes to the fee structure, with some exemptions and refunds being provided for.

ACT has agreed to support this Bill.