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.

Government Bills

Appropriation (2010/11 Supplementary Estimates) Bill

This Bill seeks parliamentary authorisation of the individual appropriations and changes contained in the Supplementary Estimates presented to the House of Representatives on 19 May 2011.

ACT has agreed to support this Bill.


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.

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.


Private and Local Bills

Westpac New Zealand Bill

This Bill would transfer some of the assets and liabilities from Westpac (based in Australia) to Westpac New Zealand. Under changes to Reserve Bank policy in 2003, banks were required to incorporate in New Zealand.

This Bill would vest assets and liabilities into the New Zealand incorporated company, something that requires legislation.

ACT has agreed to support this Bill.


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.


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.


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.

Government Bills

Nga Wai o Maniapoto (Waipa River) Bill

This Bill will extend a co-governance framework for the Waikato River from Te Taheke Hukahuka to the mouth of the river, including the Waipa River. The Bill is intended to complement the Waikato-Tanui settlement and with those in the Upper Waikato (Tuwharetoa, Raukawa and Te Arawa). The co-governance arrangements will provide legal mechanisms for Maniapoto to participate in the governance and management of the Waipa River, by:

• The establishment of joint management agreements with relevant local authorities;
• An Upper Waipa River integrated management plan;
• Requiring local authorities to put joint management agreements in place with Maniapoto covering the following functions of the RMA:
• Monitoring and enforcement relating to the Waipa River and activities within its catchments affecting the Waipa River;
• Preparing, reviewing, changing or varying RMA planning documents relating to the vision and strategy;
• The processing (but not decision making) steps with regard to specified applications for resource consent relating to the Waipa River.

ACT has agreed to oppose all stages of this Bill.


Ngati Porou Claims Settlement Bill

This Bill gives effect to the Ngati Porou deed of settlement, allowing for lasting settlement of Ngati Porou Treaty grievances.

The Bill acknowledges cultural significance of conservation lands and vests a number of sites to Ngati Porou subject to conditions. Five sites that are currently conservation areas are vested in fee simple, giving title to Ngati Porou, subject to conservation covenants. Seven sites are to be administered as scenic reserves, two sites are to be administered as local purpose reserves and one is vested in fee simple.

Minister Finlayson has indicated that the intention of the Bill is to provide Ngati Porou with “input into the strategic governance of specific conservation sites”. Clause 45 allows for a ‘statutory acknowledgement’ of the trustee.

This requires resource consent authorities to provide the trustee (Ngati Porou) with a summary of applications for resource consent in the same way as the authority would have to give an affected person (as defined under the Resource Management Act). This provision potentially breaches ACT’s stance of opposing special consultation rights for Maori over and above existing consultation rights afforded to the community.

Clauses 23-31 provide for ‘Nga Whakahaere Takirua’ (dual authority). This is a strategic partnership between the Crown and Ngati Porou which includes preparation of a separate section of the East Coast Bay of Plenty conservation strategy to apply to Ngati Porou land. ACT’s stance in the past has been to oppose such co-management/co-governance regimes in Treaty settlement legislation.

Clause 95 of the Bill states that an owner of land on which a protected site (wahi tapu or wahi tapu area) is located must allow access to that part of their land. While the owner can require reasonable notice before access and can require access be exercised during reasonable daylight hours they cannot refuse access. This applies only to land which is currently Crown forest land. This could breach the property rights of the landowner, although this would not apply to private landowners, just the Crown.

ACT has agreed to oppose all stages of this Bill.


Ngati Pahauwera Treaty Claims Settlement Bill

This Bill gives effect to the deed of settlement entered into by the Crown and Ngati Pahauwera.

Section 20.1 of the Ngati Pahauwera Agreement in Principle states that cultural redress should include a co-management regime over parts of the Mohaka, Waikari and Waihau Rivers.

Section 26 of the Agreement provides for a statutory body to give Ngati Pahauwera enhanced participation in resource management of the above rivers. As with the Ngati Porou Settlement Bill clause 64 of this Bill requires local authorities to forward applications for resource consents in each of the three rivers to Ngati Pahauwera.

Under part two of the Bill Ngati Pahauwera Development Trust must also be appointed as an advisory committee in relation to the fisheries activities in the Mohaka River.

These provisions could be inconsistent with ACT’s stance of opposing special consultation rights for Maori over and above existing consultation rights afforded to the community.

ACT has agreed to oppose all stages of 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.


Local Government Borrowing Bill

The Bill establishes a single debt vehicle to enable local authorities to borrow at a cheaper rate than if they were borrowing alone. The Bill has the support of the National caucus and it is the Government’s intention to pass the Bill this year.

ACT has agreed to support this Bill.


Television New Zealand Amendment Bill

The Bill will remove the TVNZ Charter, replacing it with a simple and less prescriptive statement of functions, allowing TVNZ to determine its own priorities. Removal of the TVNZ Charter has been ACT policy for some time, and will better enable commercialisation of the broadcaster.

The Bill also makes minor amendments to:

• allow for programmes stored in the TVNZ archives prior to 1989 to be shown;
• strengthen existing guidelines preventing shareholding Ministers from giving directions to TVNZ; and
• specify that TVNZ may provide content through a range of media in addition to conventional television channels (online etc).

ACT has agreed to support this Bill.


Appropriation (2011/12 Estimates) Bill

ACT is required to support this Bill (better known as Budget 2011) under the terms of our Confidence and Supply Agreement.

ACT has agreed to support this Bill.


Taxation (Budget Measures) Bill

This Bill gives effect to tax reforms announced in Budget 2011. ACT is required to support this Bill under the terms of our Confidence and Supply Agreement.

ACT has agreed to support this Bill.


Taxation (Canterbury Earthquake Measures) Bill

The Bill seeks to deal with taxation issues arising from both the September and February earthquakes. The intention of the Bill is to protect people from tax liabilities arising donations made and received after the earthquakes. There are four broad changes:

• Exempting certain welfare contributions made by employers to employess during eight week period after each earthquake from income and fringe benefit tax.
• Providing income tax and gift duty relief to businesses that donated stock (rather than funds) from 4 September 2010 to 31 March 2012.
• Allowing payments made to people affected by the earthquakes to be excluded from the “other payments” category of income for the purposes of Working for Families entitlements.
• Extending the redundancy tax credit by six months to 30 September 2011 (this was originally intended to expire 30 September 2010, was extended to 31 March 2011 and this further extension has been proposed.

Note: It is the Government’s intention to pass all stages at once and for the Bill to be enacted in May.

ACT has agreed to support this Bill.


Private and Local Bills

Westpac New Zealand Bill

This (non-controversial private) Bill would transfer some of the assets and liabilities from Westpac (based in Australia) to Westpac New Zealand. Under changes to Reserve Bank policy in 2003, banks were required to incorporate in New Zealand. This Bill would vest assets and liabilities into the New Zealand incorporated company, something that requires legislation.

ACT has agreed to support this Bill’s 1^st reading.


Royal Society of New Zealand Amendment Bill

This non-controversial 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 [Hon Heather Roy – ACT]

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.

Environmental Protection Authority Bill

The Environmental Protection Authority Bill is an omnibus Bill that amends the Climate Change Response Act 2002, the Hazardous Substances and New Organisms Act 1996, and the Resource Management Act 1991. The Bill establishes a new Environmental Protection Authority (EPA) as a Crown agent under the Crown Entities Act 2004.

The purpose of creating an EPA is to more effectively, efficiently and transparently manage the regulation of New Zealand’s environment and natural and physical resources. The establishment of the EPA will achieve this through creating a national-level regulatory-focused agency that can contribute to providing greater central government direction on the regulation of the environment, consolidate regulatory and technical skills, and achieve efficiency gains by bringing together similar environmental regulatory functions and powers.

ACT agreed to support this Bill’s 1st reading.


Canterbury Earthquake Recovery Bill

The Canterbury Earthquake Recovery Authority (CERA) gives power to relax, suspend and, in this case, extend laws and regulations for clearly defined purposes related to earthquake recovery.

Orders in Council created by the September Act expire on 1 April 2012; new legislation is needed to ensure that Orders in Council can continue to facilitate the recovery after this time. There will be regular communication from CERA about its activities.

The Minister for Canterbury Earthquake Recovery will have responsibility for coordinating recovery activity. A cross-party forum will be convened for purposes of sharing information on recovery efforts, comprising MPs with Christchurch constituency or electorate responsibility.

ACT has agreed to support this Bill.


Housing Corporation Amendment Bill

The Bill aims to better align the functions of the Housing Corporation with other government agencies by removing the advisory role of the Corporation. Policy advice will be sourced from the Department of Building and Housing.

What the Bill does:

• amends the Housing Corporation Act 1974 to:
• remove the requirement in section 3B to give the Minister policy advice
• clarifies that the functions of the Corporation defined in section 18 do not include policy advice
• excludes employees of the Housing Corporation who accept comparable positions in the Department of Building and Housing from receiving technical redundancy benefits. Some of the staff within the Corporation who currently give policy advice will be offered positions within DBH; requiring the Corporation to pay them redundancy would be costly and unnecessary.

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.

ACT has agreed to support this Bill to Select Committee.


Land Transport (Road Safety and Other Matters) Amendment Bill

This Bill makes a number of changes “to promote road safety” as contained in the Government’s road safety strategy Safer Journeys (previously provided to caucus).

The main changes are:

• raising the minimum licensing age from 15 years to 16 years
• introducing a zero breath/blood alcohol concentration (BAC) level for drivers aged under 20
• introducing a zero BAC limit for repeat drink drivers (2 or more convictions within a 5-year period), which will apply for 3 years from the date when the driver’s licence disqualification period ends and a new licence is obtained
• doubling the maximum period of imprisonment from 5 years to 10 years for drunk, drugged, dangerous, or reckless drivers who cause death
• banning the possession or use of devices to interfere with speed radars

The Bill will also allow the Police to gather evidence of drivers involved in a fatal or serious injury crash who have a breath alcohol reading between 250 micrograms per litre of breath and the current adult limit of 400 micrograms per litre of breath.

While the Bill contains a number of non-controversial and positive amendments, the change to the minimum driving age will negatively impact on those in rural communities, and for others will mean that those in their late teens (stereotypically identified as the highest risk drivers) will have one year less experience of driving.

ACT has agreed to support this Bill.


Sentencing (Aggravating Factors) Amendment Bill

This Bill establishes a new aggravating factor adding to the list in Section 9 of the Sentencing Act of aggravating and mitigating factors which a Court, in sentencing must take into account.

The new aggravating factor is “that the victim was a constable, or a prison officer, acting in the course of his or her duty”. Note that this is not a new stand-alone offence, rather a factor the Court must consider when sentencing.

ACT has agreed to support this Bill to Select Committee.


Juries (Jury Service and Protection of Particulars of Jury List Information) Amendment Bill

The Juries Amendment Bill will restrict access to jurors’ details. This stems, in part, from events last year when George Charlie Baker (convicted of murdering Liam Ashley) wrote to a juror during a kidnapping trial.

Baker was able to access the list of jurors’ names, addresses and occupations under supervision because he represented himself at his trial (usually this information would only be accessible by the lawyer representing the accused).

Where the accused represents themselves the registrar can, under the Bill, appoint a lawyer to represent them during the jury formation process. The registrar-appointed lawyer would have access to juror address information, just as they would if the accused had requested representation.

These amendments were intended to be passed as part of the Courts and Criminal Matters Bill but the Clerk ruled them outside the scope of the Bill, they will now be included in the Juries Amendment Bill.

• Persons sentenced to three months or more home detention in previous five years will be ineligible to sit on a jury. This puts them in the same category as those sentenced to a short prison sentence.
• Persons serving home detention of less than three months cannot serve on jury while serving their home detention sentence.
• Registrars, on application, will have power to permanently excuse chronically ill, severely disabled and those over 65. Currently excusals are only for a particular occasion, which means some persons have received repeated summons despite previous excusals because of disabilities of a permanent nature (dementia etc).
• Remove reference to “corrective training” in the Juries Act; corrective training was abolished over 5 years ago.

ACT has agreed to support this Bill to Select Committee.


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.

ACT has agreed to support this Bill.


Copyright (Infringing File Sharing) Amendment Bill

This Bill amends the Copyright Act to provide enforcement measures to combat unauthorised sharing of copyright material via the internet.

It repeals section 92A of the Act (from the 2008 Amendment Act) which would have required ISPs to adopt a policy of terminating the internet accounts of repeat infringers. This Bill will instead bring in a ‘three strike’ policy for repeat copyright ‘offenders’.

On the first ‘strike’ logged by the ISP, education information will be sent to the owner of the account, along with an outline of the action that will be taken should they further ‘offend’.

On the second strike a further warning notice will be sent, and following a third strike account owners will receive a warning that the Copyright Tribunal may award compensation against them.

Upon receiving notification from an ISP that an account holder has received three notices, copyright owners may make an application to the District Court for compensation of up to $15,000 and for their account to be suspended for up to six months.

While an improvement on s92A as currently legislated, this new Bill does raise a number of questions. Firstly, there is no differentiation between an account holder and the person or persons illegally downloading. An obvious example is a flat situation where a number of people share an internet connection, and one or more of the residents (or indeed their friends from outside the flat) illegally downloading without the permission/knowledge of other residents and/or the account holder. It will be the account holder, rather than the person downloading illegally who will be affected.

Secondly, this Bill may do little to curb some of the more determined offenders.

Changes recommended by Select Committee:

• The Internet/account suspensions provision does not come into effect until a time specified by Order in Council. The issue of whether to include account suspension in the Bill attracted many submissions both for and against. The amendment is an attempted compromise between the interests of internet users and the need for a deterrent against illegal file sharing.
• That ISP’s mobile networks not be included in the notice sending system until two years after the enactment (date can be changed by Order in Council). This is to monitor the level of any copyright infringement carried out on mobile networks and, if necessary, bring them within the scope of the law if used as a loophole.
• Giving Tribunals and Courts the discretion to not make an award or order against the account holder where it would be manifestly unjust to do so.

ACT’s concerns about the lack of distinction between an account holder and downloader and the issue of offenders changing ISPs with each strike do not appear to have been addressed by Select Committee amendment.

Despite the two flaws the Bill improves on s92a as it replaces ISP enforced termination with the ‘three strikes’ provision as outlined above.

ACT has agreed to support this Bill.


Auditor Regulation and External Reporting Bill

This Bill will reconstitute the Accounting Standards Review Board (ASRB) as the External Reporting Board with full financial reporting and audit and assurance standards-setting powers.

Currently these powers are divided between NZICA (Institute of Chartered Accountants) and the ASRB. This move is largely in response to concerns by NZICA that they are finding it increasingly difficult to discharge these responsibilities with limited resources.

ACT has agreed to support this Bill.


Dairy Industry Restructuring (New Sunset Provisions) Amendment Bill

This Bill will extend the Dairy Industry Restructuring Act (2001) beyond the initial sunset clause of April 2011.

The DIRA ensures some competition for Fonterra in what would otherwise be a near-monopolistic position. This Bill will require that at least 20 percent of milksolids in the North Island are collected by independent processors in a season, and 20 percent of milksolids in the South Island (excluding the Westland region) are collected by independent processors in a season.

The reason for the exclusion of Westland is that due to another operator in the market having a dominant position on the West Coast; were the 20 percent to include Westland, it would reduce competition over the rest of the South Island.

ACT has agreed to support this Bill.


Customs and Excise Joint Border Management Systems Information Sharing and Other Matters) Amendment Bill

This Bill provides for information sharing as part of the Joint Border Management System. It also implements the increase in minimum penalty from $50 to $200.

ACT has agreed to support this Bill.


Child and Family Protection Bill

This Bill allows New Zealand to ratify the UN Convention protocol on the Rights of the Child on:

• The sale of children
• Child prostitution
• Child pornography

It will make a number of amendments to New Zealand laws surrounding children, and create a new offence regarding improper inducements in adoption cases.

ACT has agreed to support this Bill’s Committee stages.


Airports (Cost Recovery for Processing of International Travellers) Bill

This Bill provides for Government cost recovery of aviation security, biosecurity, and customs international traveller processing in certain circumstances. For new and re-established international airports, the Bill provides for the recovery of costs from airport operators.

Costs incurred in providing non-routine services are to be recovered from the person who requests the services. The Bill specifically provides for costs incurred as a result of requests for the processing of international travellers in other than a routine manner. An example is the separate processing of diplomats or celebrity passengers.

Issues raised in the Primary Production Select Committee:

1.    Confirming that both establishment and operating costs be recovered. Some submitters suggested that operating costs not be recovered, the Committee recommended that operating costs should still be recovered as they make up a large component of agencies’ costs.

2.    Confirming the Aviation Security Service’s coverage in the Bill. Avsec is already funded via a charge on airlines, however this charge does not cover Avsec’s costs at new or restart airports.

3.    The Committee recommended a cost recovery period of two years.

4.    Enabling an additional method of charging based on nationally averaged costs (in addition to the existing methods prescribed in the Bill such as fixed charges and charges based on a scale or formula). The Government supports the Committees recommendation to include the extra method of charging.

5.    An amendment to clarify the meaning of non-routine processing: situations where staff are required to provide passenger processing in a different place or to a different standard to what is provided to the majority of travellers (to the extent where the agency incurs additional costs).

ACT has agreed to support this Bill.


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.