Matter of Opinion
All politics is local
Localism. Devolution. Community. Words underpinning much of the National-ACT-NZ First coalition's agenda. The NZ Initiative, a think tank, even describedlocalism as the "common thread" linking the parties. But from whence do the ideas spring?
Political parties of all stripes added localism to their policy toolkit in the 21stcentury.Despite different ideology, localism shares some common aims, which we reduce to:
re-building trust in government institutions and democracy itself – these aims often stem from the perceived alienation and remoteness attributed to globalisation; and
introducing innovation and citizen choice in the delivery of public services by moving away from one-size-fits-all centralised services to services designed for and delivered through the community.
For example, in the UK both Gordon Brown (New Labour) with "Building Britain's Future" and David Cameron (Conservative) with the "Big Society" championed localism to drive innovation in public services while also hoping to wash away the sour taste of the Global Financial Crisis and its attendant scepticism about globalised finance.These initiatives foundered on the reef of Brexit, although some notable legacies live on in city-level devolution to Birmingham, London, and Manchester.
In Aotearoa New Zealand contemporary localism also aims at better public services and trust in government, while sitting in our unique context. There is the long-running centralising tendency, more pronounced than most societies, that goes back to 1876 when Sir Julius Vogel established a strong unitary state by abolishing provinces. We see the legacy of such centralism today in funding for tiers of government. As reported in February 2024 by S&P, a rating agency, local government rates today amount to roughly the same percentage of GDP as a century ago, whereas Crown revenues expanded threefold over the same period.
There is the unique position of Māori, and recognition that the exercise of a degree of self-determination over government services is both warranted and needed. The devolved model of Whānau Ora commissioning is one such example,describedby the PM in November 2023 as an example of local devolution. Indeed, among some tense politics between Māori and the coalition government, devolution to Māori could build a tangible policy bridge that delivers better-designed services and results for Māori citizens.
And localism likely comes as a reaction to new centralised agencies established by the previous Labour government, such as Te Whatu Ora | Health NZ, Te Pūkenga | NZ Institute of Skills and Technology, and water services entities under Three Waters / Affordable Water.
The new-found spirit of localism and devolution finds life in the coalition government's priorities, most notably:
Local Water Done Well.The council-led water infrastructure reform replacing Three Waters / Affordable Water.
City and regional deals.Partnering with local governments on city and regional deals to create long-term pipelines to enable economic growth and productivity.(In practical terms, this policy seems especially consequential.)
Rural regulation.Replacing "one-size-fits-all" rules with local decision making, to increase rural economy.
Polytechnics.Disestablishing Te Pūkenga | NZ Institute of Skills and Technology.Replacing a single nationwide with regional polytechnics.
Policing.Further resourcing of community policing, including Māori and Pasifika wardens, Community Patrol New Zealand and Neighbourhood Watch.
Care of children. Oranga Tamariki expanding of care decisions relevant to community organisations.
Despite localism and devolution arguably being honoured elsewhere in the breach, such as the RMA fast-track consenting legislation which empowers the Infrastructure, Regional Development, and Transport Ministers to stand in place of local authorities, this government is clearly serious about localism and devolving services.
And localism brings a useful by-product too. Localism also represents an opportunity to shrink the core state on a long-term basis and scatter many of its component parts across the land. So the by-product of localism certainly also serves a broader centre-right aim of small government.
We will watch with real interest as localism becomes reality on the ground. You can see in ourcoalition policy matrixmore detail on the Government's process implementing localism, and its first 100 day priorities more broadly.
But the wider world still exists…
Moving from the local to the world scene, this is the "off" year for elections in Aotearoa New Zealand.Last year's Parliamentary general election is behind us and local body elections next occur on 11 October 2025.
Fear not if elections rate as one of your preferred spectator sports. 2024 brims with national (and even supra-national) polls. Elections happening beyond these shores could cover approximately 40 percent of the world's population, 60 percent of global GDP, and 80 percent of market capitalisation. The economic, political, and security implications of this year's elections really matter. Advisory firms across the globe will pepper their client advice with hints of "sovereign risk" for many of the polls.
The jurisdictions voting this year extends to Bangladesh, Taiwan, Finland, El Salvador, Azerbaijan, Pakistan, Indonesia, Belarus, Cambodia, Portugal, Russia, Slovakia, Turkey, South Korea, Solomon Islands, North Macedonia, Dominican Republic, Panama, Lithuania, Iceland, Mexico, Belgium, Mongolia, Mauritania, the European Union, Rwanda, Brazil, Mozambique, Georgia, Uruguay, the United States, Palau, Mauritius, Ghana, Senegal, India, and (maybe) the United Kingdom.
Some of the elections are perfunctory window dressing. Russia's elections (17 March 2024) are a foregone conclusion, and must surely count as the grimmest since before the USSR's demise, set against the invasion of Ukraine and the death in prison of Alexei Navalny.
We will hear most about the US congressional and presidential election on 3 November 2024. The re-match between the octogenarian Biden and septuagenarian Trump provides for easy media coverage, which thrives off such a reductive story (and few politicians come as reductive as Trump). But we are right to care; as the world's biggest economy, second-largest democracy, largest champion of free(-ish) trade, and security guarantor for many places, the US really matters.
What we also need to watch is the health of the democracies themselves. The creeping authoritarian streaks in the US and other elections serve as cautionary tales and turn elections into winner-takes-all fights with high stakes. In such circ*mstances, no one can afford to lose because the losing side does not think it will ever get a fair look in again. That destroys the often over-looked secret of democracy: losers' consent. As in the side that does not win nevertheless accepts the democratic outcome.
So as we reflect on this worldwide year of elections, we should celebrate those democracies where the losing side feels they can live with the result this time and dream about next time. On that measure, we in New Zealand should take heart, reflecting not just that in 2023 power swapped between parties smoothly, but also that the parties of the outgoing government stayed at its post in a caretaker capacity for 44 days keeping the ship afloat for its successor to arrive at the helm. On that measure, we must rank as one of the healthiest democracies. Long may that continue.
In the News
Independent review of forestry ETS costs
On 29 February 2024, the Minister of Forestry, Todd McClay, announced an independent review of forestry operational costs related to the Emissions Trading Scheme (ETS).
The review will focus on the overall efficiency of Te Uru Rākau – New Zealand Forest Service (TUR-NZFS), and the operational cost of the processes and systems that TUR-NZFS utilises for the forestry ETS regime. The purpose of the report includes determining whether the current operation of forestry ETS services:
meets the needs of the wide and diverse range of participants in the ETS;
is fit-for-purpose, scalable, and able to adapt to future change;
is on track to achieve the intended benefits of the ETS Transformation Programme; and
represents cost effective delivery of a bespoke model.
Conversely, the review will not consider:
the scope and delivery of the overall ETS Transformation Programme;
the Ministry for Primary Industries' (MPI) broader cost recovery policy and process;
Ministerial servicing and provision of policy advice; and
inter-agency operations that support the ETS.
However, the Minister will undertake a review of the cost recovery fee settings once the expenditure model for 2024-25 has been confirmed.
Once the reviewer is appointed, they will have six weeks to finalise and present their report to the Minister.The process will include:
reviewing relevant policies and documents;
interviewing TUR-NZFS staff members responsible for service delivery;
engaging with the Forestry ETS Technical Advisory Group and relevant organisations (Forest Owners Association, Ngā Pou a Tāne, Climate Forestry Association, New Zealand Institute of Forestry, and New Zealand Farm Forestry Association); and
developing a draft report for comment by MPI, and other relevant and appropriate parties.
The Minister has noted that the review will inform future decisions about how the ETS regime for forestry services is funded.
Draft Government Policy Statement on Land Transport
The coalition Government has issued its draft Government Policy Statement on Land Transport 2024 (GPSLT). Consultation on the draft closes on 2 April 2023, and projects and funding commitments will be confirmed through the National Land Transport Programme (NLTP) later this year.
Specifically, the Transport Minister, the Hon Simeon Brown, has announced the following policies:
Investing in public transport:Over the next three years, $2.3 billion will be invested in public transport services and $2.1 billion in public transport infrastructure. Priority will be given to transport projects that deliver reliability to commuters, benefit business, support economic growth, and demonstrate value for money. The New Zealand Transport Agency has also been asked to consider different ways of funding and delivering major transport projects such as "Build, Own, Operate, Transfer" equity finance schemes, and value capture.Local government is also expected to obtain funding through increased public transport fare-box recovery and third-party revenue.
Keeping New Zealanders safe on roads:A focus on road safety will be developed through a two-pronged approach. First, the Road Policing Investment Programme will set new performance targets for Police, with enforcement targets relating to speed, alcohol breath testing, and roadside drug testing. Second, there will be investment in roading infrastructure and a proactive approach to maintenance.
15 New Roads of National Significance:The Government is re-introducing the Roads of National Significance (RoNS) programme. The 15 new RoNS will be four-laned, grade-separated highways, with indications that the recently introduced Fast Track Approvals Bill will assist with their development.Alternative revenue, funding, and delivery models will support delivery of the RoNS, such as Public Private Partnerships, increased use of tolling, ‘Build, Own, Operate, Transfer’ equity finance schemes, and value capture.
New $500 million pothole prevention fund:The establishment of the Pothole Prevention Fund seeks to ensure that maintenance funding is ringfenced to resealing, rehabilitation, and drainage works. The Road Efficiency Group will also be tasked with finding efficiencies in road maintenance, standardising maintenance protocols, reducing expenditure on temporary traffic management, and reviewing maintenance contracts.
Overseas investment in 'Build-to-rent'
On 7 March 2024, the Government announced that it will introduce legislation to alter the Overseas Investment Act 2005 to allow for overseas investment into build-to-rent housing developments. These changes had been signalled in the Coalition Government's 100-Day Plan.
The amending legislation will seek to create a streamlined consent process. This process would allow investors to purchase land with the intention of building a new build-to-rent development, or purchasing an existing development. Cabinet has also approved a Ministerial directive letter being issued to provide immediate certainty that New Zealand is open to foreign investment in such developments.
Build-to-rent properties are purpose-built, medium-to-large scale rental property developments, which are typically close to public transport. Other features of these types of developments include: longer leases, good amenities, and professional management (for example, overseas they are typically financed and operated by institutional investors and developers, such as pension funds). There are currently 22 registered build-to-rent developments in New Zealand, and the Government expectation is that this announcement will generate more growth in this area.
The Government has also reaffirmed that it is still committed to the ban on overseas investment into existing residential housing and land in New Zealand (unless the investor is eligible for a consent).
New health targets
On 8 March 2024, the Minister of Health, Dr Shane Reti, announced five new health targets that will form part of the Government's new direction in health. This announcement reflects the Coalition Government's 100-Day Plan, which proposed five major health targets, including for wait times and cancer treatment.
The five new health targets are:
Faster cancer treatment: 90 percent of patients to receive cancer management within 31 days of the decision to treat.
Improved immunisation for kids: 95 percent of children to be fully immunised at 24 months of age (currently child immunisation rates are at 83 percent).
Shorter stays in emergency departments: 95 percent of patients to be admitted, discharged or transferred from an ED within six hours.
Shorter wait times for first specialist assessment: 95 percent of patients to wait less than four months for an FSA (currently 66 percent of people are seen within 4 months).
Shorter wait times for treatment: 95 percent of patients to wait less than four months for elective treatment.
Health New Zealand | Te Whatu Ora has been directed to report on these targets regularly, with progress to be published each quarter. The targets will come into effect on 1 July 2024, with the first quarterly results being for July-September 2024.
Top watchdog and public service vacancies
The Chief Ombudsman,Peter Boshier, advised the Speaker of House of his resignation because he will this weekend reach the mandatory retirement age of 72 years in the Ombudsmen Act 1975. As an Officer of Parliament, the Governor-General appoints the Chief Ombudsman for five-years on the recommendation of the House (practically speaking, at the recommendation of the Officers of Parliament Committee chaired by the Speaker). No announcement or indication has been made yet regarding Judge Boshier's replacement.
The Chief Ombudsman's resignation represents another top job that Ministers will have a hand in filling. There are currently four top public sector vacancies:
Public Service Commissioner – that is the head of the public service;
chief executive of the Department of the Prime Minister and Cabinet;
chief executive of the Ministry of Foreign Affairs and Trade; and
Chief of Defence Force.
Usually, the Public Service Commissioner would run the processes for appointing new agency heads, including assisting with non-public service roles like the Chief of Defence Force. The continued silence on who will replace Peter Hughes as the country's top public servant fuels rumours as to whether Ministers seeks someone from the private sector, or are trying to find the right person from inside the system to drive the Coalition Government's desired public service reforms.
In any event, five simultaneous vacancies among the most influential non-elected roles in the country does not happen often.The chance to fill these vacancies gives the Coalition Government huge latitude to put its stamp on public life for years to come beyond the term of this Parliament.
Summary of 100-Day Plan
The Coalition Government took office on 27 November 2023.That started a 100-Day Plan to implement 49 political priorities agreed between ACT, National, and NZ First. The Coalition Government organised the plan around the economy, the cost of living, law and order, and public services. By 8 March 2024, the government addressed each of the 49 priorities in some way.
Clickhere, to see the progress of the 100-Day Plan, as indicated by colour.
Audio visual developments in courts
The Government announced changes to increase remote participation in court proceedings by introducing the Courts (Remote Participation) Amendment Bill (the Bill). The Bill will amend parts of the Courts (Remote Participation) Act 2020 and the Criminal Procedures Act 2011.
The proposed amendments will:
create a presumption that allows victims and support people to remotely observe a criminal trial and sentencing if they wish to (if available and deemed appropriate);
allow the use of audio links (such as teleconference) for some criminal and civil proceedings; and
permanently entrench the temporary change that was made under the COVID-19 Public Health Response Act 2020, clarifying that the court's ability to conduct hearings by AV technology (where appropriate) does not affect the principle of open justice.
These changes aim to address court system delays, particularly in the criminal and family jurisdictions of the District Court.These delays affect all participants of the justice system, but are disproportionately experienced by victims.Virtual participation should reduce travel time and costs, and provide a safer option for court appearances.
Submissions are open for the Bill until 4 April 2024.
In Trade
New Zealand welcomes new members to sustainable and inclusive trade groups
New Zealand has recently welcomed Australia to the Inclusive Trade Action Group (ITAG), and Australia and Brazil to the Global Trade and Gender Arrangement (GTAGA). Minister Todd McClay is the current chair of both groups. He hosted the signing ceremony in Abu Dhabi on 26 February 2024, in the margins of the World Trade Organisation's 13thMinisterial Conference. ITAG members now count Australia, Canada, Chile, Costa Rica, Ecuador, Mexico and New Zealand.
ITAG members work together to help make trade policies more inclusive and ensure that the benefits of trade and investment are more broadly shared. Since 2018, the three original members of ITAG (New Zealand, Canada and Chile) have focused on indigenous trade, women’s economic empowerment, agriculture and the sustainable development goals, and small and medium sized enterprises development. For New Zealand, this work is an extension of the previous government's Trade for All Agenda, which the new coalition government may look to review.
GTAGA was the first ITAG arrangement concluded in 2020. The GTAGA commits each participant to address barriers that women face when participating in trade. For example, the GTAGA commits participants to cooperate and share best practices to eliminate discrimination in employment and occupation, including on the basis of sex, pregnancy, possibility of pregnancy, maternity, gender and gender identity, and sexual orientation. For women-owned businesses, the GTAGA includes cooperation activities to promote the internationalisation of small and medium enterprises led by women and the fuller integration of women into the formal economy. It also contains specific cooperative activities aimed at enhancing economic opportunities for Māori and rural women.
The GTAGA is standalone - it is not linked to any specific trade agreement and is open to interested economies to join. It is not enforceable or subject to binding dispute resolution. GTAGA has now been joined by Canada, Chile, Mexico, Colombia, Peru, Costa Rica, Ecuador, Argentina, Australia, Brazil and New Zealand.
NZ-UAE Trade Agreement
On 29 February 2024, Hon Todd McClay, Minister for Trade, launched a public consultation for a new Comprehensive Economic Partnership Agreement (CEPA) between New Zealand and the United Arab Emirates (UAE).This follows a recent meeting between Minister McClay and UAE Trade Minister, Dr Thani bin Ahmed Al Zeyoudi, at the 13th World Trade Organisation Ministerial Conference in Abu Dhabi, and builds on earlier exploratory discussions between New Zealand and the UAE on the CEPA which commenced on 1 September 2023.
As part of the announcement, Minister McClay highlighted the importance of New Zealand's relationship with the UAE and the opportunities represented by the CEPA. In particular, the value of exports to the UAE recently surpassed NZ$1 billion, having increased by 17% in the year to September 2023.This makes the UAE one of the 20 largest export markets for New Zealand, as well as the largest market in the Middle East, across a range of key exports including food and beverage commodities such as dairy, meat, and fruit. The potential opportunities to New Zealand companies have also been emphasised by the Ministry of Foreign Affairs and Trade, describing the UAE as one of the wealthiest countries in the world on a per-capita basis, with an increasingly diversified economy built on financial services, logistics, transport and petroleum.The UAE is also continuing its efforts to transition to a knowledge-based economy through the promotion of innovation and research, which may provide further opportunities to New Zealand companies.
If New Zealand signs the CEPA, it will follow a number of other countries that have signed similar deals with the UAE, including India, Indonesia, Israel, Turkey and Cambodia.In addition to strengthening its relationship with UAE, the CEPA may also provide New Zealand with an opportunity to expand its other relationships in the Middle East, particularly as negotiations on the New Zealand Fair Trade Agreement with the six-country Gulf Cooperation Council (which includes the UAE) continue.
Minister McClay indicated that a decision on launching negotiations on the CEPA will be made later this year, as informed by public submissions and ongoing discussions with the UAE. Submissions on the CEPA close on 31 March 2024.
In the House
What's coming up in the House
The House will resume sitting on Tuesday 19 March 2024.
Legislation to be considered that week includes the further stages of:
the Road User Charges (Light Electric RUC Vehicles) Amendment Bill;
the European Union Free Trade Agreement Legislation Amendment Bill;
the Taxation (Annual Rates for 2023-24, Multinational Tax, and Remedial Matters) Bill; and
the Misuse of Drugs (Pseudoephedrine) Amendment Bill.
Wednesday 20 March 2024 will be a Member's day. On Thursday 21 March 2024 there will be a one-hour special debate on the report of the Petitions Committee on the petition of Clare Dale, "Make mobility parking enforceable on all public-use property and increase fines".
Progress of Legislation
Bills Introduced
Appropriation (2022/23 Confirmation and Validation) Bill
Type of Bill: Government
Member in charge: Hon Nicola Willis
This Bill would confirm the Government's expenditure in excess of an existing appropriation by Parliament for the 2022/23 financial year. The Minister of Finance will have to expressly authorise these expenses under section 26B of the Public Finance Act 1989. Some of these expenses include those incurred by the Ministry of Education and the Ministry of Social Development.
Companies (Address Information) Amendment Bill
Type of Bill: Member's
Member in charge: Hon Dr Deborah Russell
The Companies Act 1993 requires that company directors' residential addresses are made available to the public. The residential addresses of company directors are therefore easily accessible online.
This Bill intends to provide a way for directors to request their residential address be substituted with an address for service, if that director has serious concerns regarding their safety (or the safety of a person who they live with) arising from the availability of their residential address.
Corrections (Victim Protection) Amendment Bill
Type of Bill: Member's
Member in charge: Rima Nakhle
This Bill would amend the powers and functions of the Chief Executive of the Department of Corrections and prison managers under the Corrections Act 2004. The Bill would create an obligation on the Chief Executive and prison managers to ensure that processes are established and maintained to protect victims of crimes and those who are subject to a protection order under the Family Violence Act 2018 from unwanted contact with prisoners and persons under their control or supervision.
Evidence (Giving Evidence of Family Violence) Amendment Bill
Type of Bill: Member's
Member in charge: Dr Tracey McLellan
This Bill would amend the Evidence Act 2006 (Evidence Act) so that there is a presumption in favour of the Family Court applying available statutory protections for witnesses or parties giving evidence of sexual assaults or family harm, in the first instance. Currently, the Evidence Act contains a protection that automatically entitles children witnesses in criminal proceedings to give their evidence in an alternative way from the 'normal' method. 'Alternative' methods of giving evidence include: by video record made before the hearing; in the courtroom but unable to see the other party to whom the evidence relates; or from an appropriate place outside of the courtroom, either in New Zealand or elsewhere. The Bill will extend that presumption for children in criminal proceedings, to sexual case complainants, sexual case witnesses, and adult family harm complainants in the Family Court.
Goods and Services Tax (Removing GST from Food) Amendment Bill
Type of Bill: Member's
Member in charge: Rawiri Waititi
This Bill proposes to amend the Goods and Services Tax Act 1985 to remove goods and services tax (GST) from all food products and non-alcoholic beverages in New Zealand. The removal of GST would apply to food and non-alcoholic beverages (as defined under the Food Act 2014) and food-related packaging. For a good that consists partly of food or food-related packaging and partly of other components, GST may still apply for part of the good.
Income Tax (ACC Payments) Amendment Bill
Type of Bill: Member's
Member in charge: Dr Hamish Campbell
This Bill would make changes to how ACC lump sum payments (which are awarded following a court decision, a revised decision, or a review) are taxed.The Bill would amend section BD 3 of the Income Tax Act 2007 in relation to payments made under the Accident Compensation Act 2001. The amendment would allow for claims that were initially unsuccessful to be taxable at the rates that would have applied had the claim initially been approved.
Local Electoral (Abolition of the Ratepayer Roll) Amendment Bill
Type of Bill: Member's
Member in charge: Greg O'Connor
This Bill would amend the Local Government Act 2002, Local Government Act 1974 and Local Electoral Regulations 2001 to abolish the ratepayer roll.
Currently, the two-tier voting system of residential and ratepayer electors gives those that own (and pay rates for) multiple properties the right to extra votes depending on the location of those properties. For example, someone that owns a property in Wellington and a property in Auckland would be able to vote in each of the Auckland Council, Wellington City Council, and Greater Wellington Regional Council elections.
New Zealand Bill of Rights (Right to Sustainable Environment) Amendment Bill
Type of Bill: Member's
Member in charge: Hon James Shaw
This Bill seeks to reflect the link between human rights and the existence of a sustainable environment within which those rights can be enjoyed and exercised. It would introduce a new right to the New Zealand Bill of Rights Act 1990 that: Everyone has the right to a clean, healthy, and sustainable environment.
Bills awaiting First Reading
Evidence (Giving Evidence of Family Violence) Amendment Bill
Fisheries (International Fishing and Other Matters) Amendment Bill
Goods and Services Tax (Removing GST from Food) Amendment Bill
Local Electoral (Abolition of the Ratepayer Roll) Amendment Bill
Medicines (Exemption for Authorised Prescribers) Amendment Bill
New Zealand Bill of Rights (Right to Lawfully Acquired Property) Amendment Bill
New Zealand Bill of Rights (Right to Sustainable Environment) Amendment Bill
Restoring Citizenship Removed by Citizenship (Western Samoa) Act 1982 Bill
Te Pire Whakatupua mō Te Kāhui Tupua/Taranaki Maunga Collective Redress Bill
Bills defeated or withdrawn
District Court (Protecting Judgment Debtors on Main Benefit) Amendment Bill
Local Government (Facilitation of Remote Participation) Amendment Bill
Bills before Select Committee
Submissions Open
BILL | SELECT COMMITTEE | CLOSING DATE FOR SUBMISSIONS |
Justice | 19 March 2024 | |
Pae Ora (Healthy Futures) (Improving Mental Health Outcomes) Amendment Bill | Health | 28 March 2024 |
Justice | 5 April 2024 | |
Justice | 5 April 2024 | |
Justice | 5 April 2024 | |
Parole (Mandatory Completion of Rehabilitative Programmes) Amendment Bill | Justice | 16 April 2024 |
Environment | 19 April 2024 |
Submissions Closed
BILL | SELECT COMMITTEE | REPORT DUE |
Social Services and Community | 28 December 2023 | |
Environment | 29 February 2024 | |
Road User Charges (Light Electric RUC Vehicles) Amendment Bill | Transport and Infrastructure | 14 March 2024 |
Justice | 29 March 2024 | |
Family Proceedings (Dissolution for Family Violence) Amendment Bill | Justice | 29 March 2024 |
Health | 29 March 2024 | |
Māori Affairs | 29 March 2024 | |
Māori Affairs | 29 March 2024 | |
Māori Affairs | 29 March 2024 | |
Sale and Supply of Alcohol (Cellar Door Tasting) Amendment Bill | Justice | 29 March 2024 |
Taxation (Annual Rates for 2023-24, Multinational Tax, and Remedial Matters) Bill | Finance and Expenditure | 29 March 2024 |
European Union Free Trade Agreement Legislation Amendment Bill | Foreign Affairs, Defence and Trade | 4 April 2024 |
Economic Development, Science and Innovation | 1 May 2024 | |
Māori Affairs | 20 May 2024 | |
Education and Workforce | 29 May 2024 | |
Education and Workforce | 29 May 2024 | |
Economic Development, Science and Innovation | 29 May 2024 | |
Social Services and Community | 29 May 2024 | |
Employment Relations (Protection for Kiwisaver Members) Amendment Bill | Finance and Expenditure | 31 May 2024 |
Justice | 27 June 2024 | |
Victims of Family Violence (Strengthening Legal Protections) Legislation Bill | Justice | 27 June 2024 |
Governance and Administration | 19 December 2024 |
Bills awaiting Second Reading
Girl Guides Association (New Zealand Branch) Incorporation Amendment Bill
New Zealand Superannuation and Retirement Income (Controlling Interests) Amendment Bill
Tauranga Moana Iwi Collective Redress and Ngā Hapū o Ngāti Ranginui Claims Settlement Bill
Committee of the whole House
- N/A
Bills awaiting Third Reading
N/A
Bills awaiting Royal Assent
N/A
Acts assented
Accident Compensation (Access Reporting and Other Matters) Amendment Act
This Act makes a number of amendments to the Accident Compensation Act 2001 to increase information gathering by the Accident Compensation Corporation (ACC) and access to minimum levels of compensation by claimants suffering from an injury.
The Act seeks to increase awareness of the accident compensation scheme's operation and reach. It introduces obligations on ACC to monitor and report on:
how Māori (and other population groups determined by ACC) are accessing the accident compensation scheme;
any identified disparities in access to the accident compensation scheme; and
the causes or drivers of identified disparities.
The Act also reduces the waiting period for eligibility for the minimum rate of compensation from six weeks to two weeks. This reduction aims to increase access to appropriate levels of compensation to reduce delay in recovery and relieve financial difficulties for claimants.
Annie Oxborough Birth Parents Registration Act
This Act allows the Registrar-General to amend the birth record of Annie Oxborough by replacing the names of her adoptive parents with those of her birth parents. This would not change the legal effect of the adoptive order.
Appropriation (2021/22 Confirmation and Validation) Act
This Act does the following in accordance with the requirements of the Public Finance Act 1989:
confirms the Public Finance (Transfers Between Outputs) Order 2022, which was made under section 26A of the Public Finance Act 1989;
confirms unappropriated expenses incurred for the 2021/22 financial year with the approval of the Minister of Finance under section 26B of the Public Finance Act 1989;
validates expenses incurred in the 2017/18, 2018/19, 2019/20, and 2020/21 financial years by the Ministry of Social Development not within the scope of any existing appropriation and without the authority of an Imprest Supply Act; and
validates a capital injection made in the 2021/22 financial year for the purposes of section 26CA of the Public Finance Act 1989.
Appropriation (2022/23 Supplementary Estimates) Act
This Act gives parliamentary authorisation of the individual appropriations contained inThe Supplementary Estimates of Appropriations for the Government of New Zealand for the Year Ending 30 June 2023, which were presented to the House of Representatives on 18 May 2023. This Act also gives parliamentary authorisation for additional and alternative capital injections contained in the estimates, as required by section 12A of the Public Finance Act 1989.
Appropriation (2023/24 Estimates) Act
This Act gives parliamentary authorisation of the individual appropriations (expenses incurred and capital expenditure) contained inThe Estimates of Appropriations for the Government of New Zealand for the Year Ending 30 June 2024which was presented to the House of Representatives as part of the 2023 Budget documentation. This Act also gives parliamentary authorisation for the capital injections contained in the Estimates, as required by section 12A of the Public Finance Act 1989.
Business Payment Practices Act
This Act received Royal Assent on 26 July 2023. The substantive provisions of the Act come into force on 26 May 2024.
Under the Act, entities with revenue of more than $33m and total expenditure equal to or greater than $10m (excluding wages and goods and services supplied by related parties) in each of the two preceding accounting periods must disclose certain ‘payment practices information’ for each six month disclosure period. The information that is required to be disclosed (detailed in the Business Payment Practices Regulations 2023) includes:
the average time taken to pay invoices;
the percentages of invoices (by number and value) paid in full within specified payment times;
whether the entity/its subsidiaries enter contracts which allow other entities to issue electronic invoices to the entity/its subsidiaries; and
whether the entity/its subsidiaries use standard payment terms for invoices received, and if so, what those terms are.
Information will not be required for certain types of payments such as salaries and wages, tax, rent, utilities and rates. Payment practices information gathered under the Act will be published on a publicly searchable register and on the entity’s website.
The Act allows for infringement notices to be issued, and pecuniary penalties to be imposed, for certain breaches of the Act.
Charities Amendment Act
This Act amends the Charities Act 2005 to make practical changes to the operation and regulation of charities. The Act includes new compliance requirements such as:
requiring charitable entities to regularly review their governance procedures;
giving the Charities Registration Board the ability to disqualify individual officers, rather than whole charities; and
reducing financial reporting and compliance rules for smaller charitable entities.
Child Support (Pass On) Acts Amendment Act
This omnibus Act enables sole parents on a benefit to receive child support payments for their children, by giving Inland Revenue the powers to pass on the child support payments to receiving parents on a sole parent rate of the main benefit.
Further features of the Act are that:
receiving carers on a sole parent rate of benefit will no longer be required to have child support assessed and paid through Inland Revenue (IR);
the Ministry of Social Development (MSD) will apply new rules for treating child support as income for benefits;
IR will share information about child support payments made to receiving carers with MSD; and
parents paying formula assessed child support will be able to include their monthly liability as a cost when they apply for Temporary Additional Support from MSD.
Civil Aviation Amendment Act
This Act made several amendments to the Civil Aviation Act 2023 specifically relating to in-flight security and in-flight security officers.
The Act allows the Minister of Aviation to make rules providing for in-flight safety and security in relation to firearms, weapons, ammunition, and other equipment for carriage and use on board an aircraft by an in-flight security officer. It also allows the Director of Aviation to approve firearms, weapons, ammunition, and other equipment for carriage and use by in-flight security officers, and to make authorisations for foreign in-flight security officers.
The Act also introduced definitions for foreign in-flight security officer and in-flight security officer to the Civil Aviation Act 2023.
Climate Change Response (Late Payment Penalties and Industrial Allocation) Amendment Act
This Act makes changes to provisions in the Climate Change Response Act 2002 relating to the Emissions Trading Scheme (ETS). These provisions build on a previous amendment made in 2020, which introduced a stronger penalty and compliance regime for ETS participants but allowed for a transitional arrangement for small forestry participants. The Amendment Act updates the transitional penalty for small forestry participants if they fail to pay units by the due date.
The Amendment Act also changes the eligibility criteria for industrial allocation of units. Industrial allocation is the free allocation of ETS credits to eligible companies. These free units help eligible companies to offset their ETS costs, so that they may compete with their less-regulated counterparts outside of New Zealand. The Amendment Act updates the rates of allocation for businesses in eligible industries and introduces a framework for future reviews of those rates, including a specific framework for the electricity sector. It also amends the eligibility criteria for both new and current business activities.
The Act was passed on 24 August 2023 and came into force the following day, though some provisions (including those relating to the electricity sector) will only apply from 1 January 2024.
Companies (Directors' Duties) Amendment Act
This Act, which came into force on 4 August 2023, has amended the directors' duty under s 131 of the Companies Act 1993 to act in the best interests of the company. In particular, it inserts a new subsection five:"To avoid doubt, in considering the best interests of a company or holding company for the purposes of this section, a director may consider matters other than the maximisation of profit (for example, environmental, social, and governance matters)."
This language adopts, and then builds on, the recommendation of the Economic Development, Science and Innovation Select Committee, which, despite being unable to agree the Bill (as it was then) should be passed, recommended a unanimous amendment to the Bill, should the House decide to pass it. The addition of the examples – "environmental, social, and governance matters" – were inserted by the Member in Charge of the Bill via a Supplementary Order Paper, during the Committee of the whole House stage. For further analysis of the Bill (in its earlier formulations), see ourInsighthere.
Crown Minerals Amendment Act
This Act makes the following key changes to the Crown Minerals Act 1991:
removes the promotional intent in the purpose clause to provide greater flexibility for allocating and managing Crown-owned mineral rights;
increases permit and license holder engagement with iwi and hapū; and
clarifies decommissioning-relating obligations.
Customs and Excise (Arrival Information) Amendment Act
This Act clarifies arrival information obligations, and creates new offences for travellers who:
fail to provide arrival information;
fail to provide arrival information in the way that is required; or
who provide false information.
It also amends the Customs and Excise Act 2018, to allow the Chief Executive of the New Zealand Customs Service to make regulations that would set the time by which travellers must provide information.
The Act also changes the New Zealand Customs Service's ability to collect information to verify travellers’ compliance with requirements in legislation administered by other agencies.
Deposit Takers Act
This Act received Royal Assent on 6 July 2023. The Act's purpose is to promote the safety and soundness of deposit takers and public confidence in the financial system. The Act includes:
Depositor protection: deposits will be insured up to a limit of $100,000 per depositor, per institution.
Single prudential regulatory regime: non-bank deposit takers and banks will be subject to a prudential regulatory regime.
Prudential standards: The Reserve Bank will set standards which will be the primary method of imposing regulatory requirements.
Greater director and executive accountability.
Changes to the Reserve Bank's supervision and enforcement tools.
Subpart 2 of Part 3, sections 238 to 244, subpart 7 of Part 6, and subpart 5 of Part 8 came into force on 7 July 2023, while the rest of the Act comes into force on a date set by Order in Council.
Education and Training Amendment Act (No 3)
This Act amends the Education and Training Act 2020 to give effect to new policy decisions, and makes a number of minor or technical changes. These amendments include:
establishing a new framework for wānanga to recognise the mana and rangatiratanga of wānanga and their role in the tertiary education system;
separating Kura Kaupapa Māori and designated character schools' establishment provisions to restore Kura Kaupapa Māori's status as a distinct type of state school;
restricting the reappointment of the chief executive of Te Aho o Te Kura Pounamu to a term of up to five years, reflecting the scale in operation and revenue of Te Kura;
supplementing existing ineligibility criteria for membership of school boards in relation to certain offences, and enabling the Secretary of Education to audit school board members to determine whether they meet eligibility requirements;
updating school board elections processes, including: the timing of elections; the criteria for board members to reflect school demographics relating to gender, sexuality, and disability; and removing restrictions on filling student representative positions; and
requiring employers to assess Police Vetting results for non-teaching employees and contractors.
Employment Relations (Extended Time for Personal Grievance for Sexual Harassment) Amendment Act
This Act extends the time available to raise a personal grievance that involve allegations of sexual harassment from 90 days to 12 months. It recognises the difficulty of victims of workplace sexual harassment to come forward to report incidents and the arbitrary temporal barrier that was in place.
Energy (Fuel, Levies, and References) Amendment Act
This Act amends the Energy (Fuels, Levies and References) Act 1989 (principal Act). The Act allows for petroleum or engine fuel monitoring levies collected from "fuel industry participants" under the principal Act to be used to improve New Zealand's fuel resilience, through measures such as:
government procurement of services relating to storage and management of reserve fuel stocks to be held onshore;
facilities that would be useful for mitigating the impacts of local fuel disruptions or distributing fuels in an emergency;
fuel emergency planning and management activities; and
tools and programmes to improve monitoring and collecting information on fuel resilience.
The Act achieves this by adding an additional purpose to the principal Act, namely, to allow the levies to be applied towards meeting the reasonable costs and expenses of the Crown in promoting resilience of engine fuel supplies in New Zealand.
Energy Resources Levy Amendment Act
This Act came into force on 20 May 2023. It amends the Energy Resources Levy Act 1976, to provide that the levy exemption does not apply to natural gas produced from licence areas on or after 20 May 2023, if the licence was granted in relation to a discovery of natural gas that was made before 1 January 1986.
The amendment aims to ensure that new gas production from deposits within pre-1986 licence areas cannot be considered new gas discoveries for the purpose of the levy exemption in the Energy Resources Levy Act 1976.
Family Court (Family Court Associates) Legislation Act
This Act creates a new role of the Family Court Associate to take on some of the Family Court Judges' workload in order to reduce delay.The Act confers some of the functions and powers of Family Court Judges on to Family Court Associates.Those functions and powers conferred focus on:
decisions made at the early stages of a proceeding;
administrative matters; and
some limited functions of a judicial nature.
Forests (Legal Harvest Assurance) Amendment Act
This Act received Royal Assent on 19 May 2023. The purpose of the Act is to prevent the import of illegally harvested timber, and provide the international market with confidence in New Zealand’s timber and timber products by introducing a new legislative framework for legal harvest assurance.
The legal harvest assurance system requires a person who is responsible for harvesting regulated timber to:
keep records;
provide information when supplying timber in trade;
be registered before undertaking certain activities; and
have a due diligence system to mitigate the risk of dealing in illegal timber.
Most of the Act will come into force on 19 May 2026 (or an earlier date specified by Order in Council), with a further 12 month grace period before some compliance-related provisions come into force.
Fuel Industry Amendment Act
This Act amends the Fuel Industry Act 2020 to provide a regulatory backstop to the terminal gate price (TGP) regime. The TGP regime requires wholesale fuel suppliers at a storage terminal to publicly post a price at which they would sell a specified engine fuel to wholesale customers at a specified time.
The Act allows the Commerce Commission to inquire into whether TGPs have been higher than expected in a competitive market, and following consultation with interested persons, make a recommendation to the Minister about price regulation. Price regulation can be implemented for TGPs with reference to specific fuel types, bulk storage facilities, or wholesale suppliers.
Fuel Industry (Improving Fuel Resilience) Amendment Act
This Act amends the Fuel Industry Act 2020 to provide a statutory framework for implementing the Government's fuel resilience policy package.The amendment imposes a minimum fuel stockholding obligation (MSO) and information disclosure requirements on some fuel importers.
Grocery Industry Competition Act
The Grocery Industry Competition Act received Royal Assent on 26 June 2023. The Act gives the Commerce Commission specific monitoring and reporting functions in relation to the grocery industry – including monitoring competition and efficiency, carrying out inquiries, reviews, and studies and acting as a regulator of the grocery industry.
The Act also gives the Commerce Commission the power to make a determination that sets out a grocery supply code which, among other things, can regulate or prohibit any conduct in connection with a regulated grocery retailer. The Act also provides for the regulation of wholesale supply of groceries and imposes wholesale supply obligations on specified grocery retailers.
Health and Safety at Work (Health and Safety Representatives and Committees) Amendment Act
This Amendment to the Health and Safety at Work Act 2015 targets worker access to health and safety representatives (HSRs) and health and safety committees (HSCs). The purpose of the Act is to increase worker engagement, participation and representation with workplace health and safety procedures, with the overall objective of reducing work-related harm.
Previously, businesses were not required to set up HSR elections and HSCs if not in a designated high-risk sector or industry and with fewer than 20 workers. The Act removes this exemption so that all businesses must comply with workers' requests to set up a HSR election or HSC "as soon as practicable", regardless of the sector or number of workers. It also removes provisions identifying high-risk sectors or industries, meaning all businesses are treated the same.
The Act was passed on 12 June 2023 and came into force the following day.
Imprest Supply (First for 2023/24) Act
The Imprest Supply (First for 2022/24) Act provides financial authority from Parliament for the Government from the beginning of the 2023/24 financial year until the passage of the Appropriation (2023/24 Estimates) Act.
The Act's provisions encompass a range of expenses, including capital expenditure incurred by intelligence, security departments and non-departmental capital expenditures associated with multi-category appropriations. The calculated amounts are designed to cover the period from the start of the financial year until the completion of the third reading of the main Appropriation Act. Moreover, these amounts include provisions for contingencies and adjustments to account for potential risks and timing variations, as well as allowances for new multi-year appropriations authorized under the Appropriation (2023/24 Estimates) Act.
This Act is repealed on the coming into force of the main Appropriation Act for the 2023/24 year.
Imprest Supply (Second for 2023/24) Act
The Imprest Supply (Second for 2023/24) Act provides additional authority from Parliament for the Government to increase its capital expenditure. The increase in capital expenditure was sought to allow the Government to implement Cabinet decisions made or finalised after the 2023/24 Estimates closed and to meet contingencies more than the amounts provided in the Appropriation (2023/24 Estimates) Act. The Act provides for $16,000 million of additional authority for expenses, $11,500 million of additional authority for capital expenditure and $1,000 million of capital injection to be made to departments (other than intelligence and security departments) or Offices of Parliament.
The Act will be repealed at the end of the 2023/24 financial year on 30 June 2024
Inspector-General of Defence Act
This Act establishes the office of the Inspector-General of Defence. The Act provides that the functions of the Inspector-General of Defence include:
supporting the Ministry of Defence to oversee the Defence Force;
accounting accurately to the House of Representatives for its activities; and
assuring the public that the activities of the Defence Force are subject to independent scrutiny.
Integrity Sport and Recreation Act
The Act establishes a new independent Crown entity called the Integrity Sport and Recreation Commission (Commission). The overall objective of the Commission is to promote, advise, engage, and educate on integrity issues and threats to integrity within the sport and physical recreation sector.
This Act responds to several reports that highlighted insufficient capability across New Zealand's sport and physical recreation sector to deal with integrity-related issues, in particular the management and resolution of complaints made by athletes and participants.
The ambit of the Commission will include both grassroots and community sport and physical recreation, as well as elite sport. Drug Free Sport New Zealand is also disestablished, and its anti-doping functions moved to within the Commission.
Land Transport Management (Regulation of Public Transport) Amendment Act
This Act amends the Land Transport Management Act 2003 to implement the Sustainable Public Transport Framework (SPTF).
The SPTF replaces the previous model, the Public Transport Ordering Model (PTOM) which governed how public transport services were planned, procured, and delivered. The SPTF will perform a similar function, while also addressing issues relating to employment, environmental, and health matters. The Act seeks to facilitate a greater level of transparency across the process of delivering public transport services, effected through section 116.
The Act also inserts a new definition of "exempt service" at section 114A. Further key aspects of the Act are the proposed changes to the role that local authorities play in the procurement, planning and delivery of public transport. These changes allow regional councils to hold interests in public transport services, where previously they could only outsource.
Land Transport (Road Safety) Amendment Act
This Act targets unsafe behaviour on New Zealand's roads caused by fleeing drivers that fail to stop or remain stopped for police. In particular, the Act makes changes to the legislative response by:
lengthening the period of time for which officers may seize and impound vehicles driven by fleeing drivers to six months;
creating a new power for enforcement officers to seize and impound vehicles for 28 days if the registered owner of the vehicle fails to provide information about the fleeing driver;
increasing the length of licence disqualification after a second conviction to between 1 to 2 years; and
creating a new sentencing option for the courts to order a vehicle be forfeited on conviction for a failing-to-stop offence.
The Act also includes new provisions for electronic service of notices and automated infringement notices.It will also enable Waka Kotahi's point-to-point safety cameras to be used for speeding offences, where the average speed between two points on a stretch of road will be taken as the actual speed of the vehicle. The Act comes into force 1 March 2024.
Legal Services Amendment Act
This Act came into force on 31 August 2023. The Act repeals the provisions in the Legal Services Act 2022 relating to the payment of the user charge and the payment of interest on an unpaid legal aid debt. The grant of legal aid prior to the commencement of the Act remains subject to the user charge and interest on unpaid legal aid debt.
Local Government Electoral Legislation Act
This Act changes the way individuals and communities are represented through, and can participate in, local government elections. It primarily amends the Local Electoral Act 2001, the Local Government Act 2002, and the Local Government (Auckland Council) Act 2009. Changes include:
the process for councils to make decisions about specific representation for people on the Māori electoral roll;
the number of councillors on Auckland Council from 20 to a range of between five and 29, excluding the Mayor.
Local Government Official Information and Meetings Amendment Act
This Act amends the Local Government Official Information and Meetings Act to increase the quality and accessibility of information contained in Land Information Memoranda (LIMs) in relation to natural hazards (including about the impacts of climate change), and introduces clarity for Local Authorities when sharing natural hazard information. It does so by:
clarifying requirements to provide natural hazards information in a LIM;
imposing a statutory responsibility for regional councils to provide natural hazard information and support to territorial authorities;
providing for regulations to be made in relation to natural hazard information on LIMs; and
limiting the liability of local authorities when providing natural hazard information in good faith.
Additionally, the Act aligns the conclusive grounds for withholding information with the Official Information Act 1982 by replicating provisions relating to withholding information that implicates national security, international relationships, or international organisations.
Natural and Built Environment Act
This Act is the primary replacement for the Resource Management Act 1991 (RMA), which addresses protection and restoration of the environment while enabling development. It introduces the National Planning Framework that will provide direction on matters of national significance.
At the regional level, natural and built environment plans for land use and environmental management will replace the regional policy statements and district and regional plans currently required under the RMA.
New Plymouth District Council (Perpetual Investment Fund) Act
This Act requires that the New Plymouth Perpetual Investment Fund (PIF) continues as a long-term financial investment for the benefit of the social, economic, environmental, and cultural well-being of current and future communities of the New Plymouth District. It does this by setting out the principles for managing and applying the PIF, who can make investment decisions, and the basis on which those decisions must be made.
Parole Amendment Act
This Act provides for the making of extended supervision orders which may impose conditions on individuals released from custody who are deemed to pose a real and ongoing risk of serious reoffending.
In June 2023, as part of its judgment onNew Zealand Parole Board v Attorney-General[2023] NZHC 1611, the High Court concluded that, in light of the New Zealand Bill of Rights Act, conditions imposed by the Parole Board relating to where and with whom an individual must reside were not authorised by the Parole Act 2002. The conditions were, therefore, unlawful and risked being unenforceable.
This Act amends the Parole Act 2002 to reverse the High Court judgment. It removes the limitation on those particular conditions and makes clear that they may be imposed, restoring the earlier position. It also provides for a review of the conditions imposed by an extended supervision order every two years to assess the impact on the offender and to promote rehabilitation.
Resale Right for Visual Artists Act
This Act will allow artists to receive a 5% royalty payment on the resale of their visual artworks when sold through an art market professional or relevant public institution. New Zealand is required to have an artist's resale royalty scheme to meet its obligations under its Free Trade Agreements with the United Kingdom and European Union, and joins over 80 other countries that have reciprocating schemes. The Act will apply to a wide range of artworks and includes works by more than one artist. Artists (and their successors) will be able to claim the royalty on qualifying resales if they are citizens or residents of New Zealand, or another reciprocating country that also has an artist's resale royalty scheme in place.
Regulations for the scheme are still being finalised by Manatū Taonga (Ministry of Culture and Heritage). The current proposal sets the minimum threshold resale price at $1000. The resale royalty scheme will commence once regulations have been confirmed, or by 1 December 2024 at the latest.
Sale and Supply of Alcohol (Community Participation) Amendment Act
This Act received Royal Assent on 30 August 2023. The Act amends the Sale and Supply of Alcohol Act 2012 to resolve issues with the current alcohol licensing process which has limited communities' ability to influence alcohol regulation in their area.
The amendments to the Sale and Supply of Alcohol Act 2012 include:
removing the ability for parties to appeal provisional local alcohol policies (LAPs), due to many councils facing extensive legal opposition to their provisional LAPs;
allowing any person or group to object to a licence application, with a narrow exception for trade competitors;
extending the timeframe for objecting to license applications; and
removing the ability to cross-examine at alcohol licensing hearings, with the goal of making hearings less legalistic and intimidating.
Sale and Supply of Alcohol (Exemption for Race Meetings) Amendment Act
This Act amends the Sale and Supply of Alcohol Act 2012 to make race meetings exempt from the offence of using unlicenced premises as a place of resort for the consumption of alcohol.
Race meetings will be exempt if:
the racing club is a "small racing club", defined as a racing club that holds three or fewer betting licences in a racing year.
the consumption of alcohol occurs on a day when the racing club is using the unlicensed premises to hold a race meeting; and
the racing club holds either an on-licence or an on-site special licence that applies to an area within the premises for the duration of the race meeting.
Sale and Supply of Alcohol (Rugby World Cup 2023 Extended Trading Hours) Amendment Act
This Act amends the Sale and Supply of Alcohol Act 2012 to allow for extended trading hours during the Rugby World Cup 2023. The Act is similar to changes put in place for the 2015 and 2019 Rugby World Cups.
Between 9 September 2023 and 29 October 2023 (New Zealand time), eligible licence holders will not be required to apply for a special licence to televise the Men's Rugby World Cup 2023. These licence holders are permitted to open 1 hour before the start of each notified game, and, if a licence holder notifies a game starting within 2 hours of its permitted trading hours, the premises can remain open until and during that game. The premises will be required to close for the sale of alcohol 30 minutes after the end of the game. One-way door policies will not apply within 1 hour before the extended trading hours starts, during the extended trading hours, or within 1 hour after the premises closes the sale of alcohol.
To be eligible, the licence holder must have had its licence in place prior to 9 September and must not have had its licence cancelled or suspended in the past 12 months. Licence holders must provide the Police and local councils at least 7 days' notice if they wish to use these extended hours.
Self-contained Motor Vehicles Legislation Act
This Act introduces amendments to the Freedom Camping Act and the Plumbers, Gasfitters, and Drainlayers Act 2006. Key provisions of the Act include the introduction of:
A national requirement for freedom campers using vehicles on land managed by a local authority to utilize certified self-contained vehicles, except when staying at locations specifically designated by local authorities for non-self-contained motor vehicles.
A regulatory system for certifying self-contained vehicles, overseen by the Plumbers, Gasfitters, and Drainlayers Board.
These amendments seek to replace the existing unmonitored voluntary standards. The Act also mandates self-contained vehicles to be equipped with a fixed toilet and updates the infringement regime, including extending it to include other Crown land.
Spatial Planning Act
This Act received Royal Assent on 23 August 2023. This Act, along with the Natural and Built Environments Act 2023, is one of the statutes repealing and replacing the Resource Management Act 1991.
Under the Act, each region will be required to develop a regional spatial strategy. These regional spatial strategies must set out the strategic direction for the use, development, protection, restoration, and enhancement of the environment of the relevant region for the next 30 years.
The regional spatial strategy strategies must address key matters, such as:
areas that require or may require protection, restoration, or enhancement; and
areas that are appropriate for urban development and change, including existing, planned, or potential urban centres of scale (among others).
These regional spatial strategies will be set by regional planning committees who must follow a prescribed process. The Act also provides for cross-regional spatial strategies.
St Peter's Parish Endowment Fund Trust Act
This Act makes amendments to the trust deed governing the St Peter's (Wellington) Endowment Fund Trust Board. In particular, the Act:
enables the Trust Board to make distributions that are not restricted to the amount of income earned in the year preceding the year of distribution;
provides for a limitation on the liability of the members of the Trust Board;
enables the updating of its governance arrangements; and
provides for any future amendments to the trust deed to be made under the Charitable Trusts Act 1957 or the Anglican Church Trusts Act 1981.
Taxation Principles Reporting Act
This Act establishes a statutory framework that requires the Commissioner of Inland Revenue to report annually about the country's tax measures against a set of core tax principles – including equity, efficiency, and certainty. The purpose of the Act is to create a greater understanding of the tax system among the public and encourage informed debate about its future.
Therapeutic Products Act
This Act replaces the Medicines Act 1981 and the Dietary Supplements Regulations 1985. It introduces a new regulatory regime for therapeutic products being medicines, medical devices, natural health products and active pharmaceutical products.
The Act broadly consists of two components:
market authorisation requirements, that regulatewhich therapeutic products may be imported into, supplied in, or exported from New Zealand; and
controlled activity or supply chain requirements, that regulate how those therapeutic products can be dealt with and by whom.
The Act exempts small scale natural health product manufacturers and removes obligations which might otherwise have applied to rongoā (traditional Māori medicine) practitioners, services and activities. The Act also imposes new restrictions on theadvertising of therapeutic products and creates a Therapeutic Products Regulator (Regulator), who will hold a range of compliance and enforcement powers supported by an offence and civil penalty regime.
Thomas Cawthorn Trust Amendment Act
This Act amendsthe Thomas Cawthron Trust Act 1924 (the principal Act), that incorporated the Trust Board and provided for the succession of the trustees. It amends the principal Act by setting out the Trust Board’s objects, namely the advancement of science to benefit Te Tauihu and Aotearoa New Zealand, with a focus on natural resources.
It also provides for the appointment of a Trust Board member nominated by Te Tauihu iwi and would update provisions relating to the powers of the Trust Board and trustee remuneration, and specify the liability of trustees.
Water Services Economic Efficiency and Consumer Protection Act
This Act establishes an economic regulation and consumer protection regime of water infrastructure services as part of the water services reform. The Commerce Commission (Commission) is empowered to oversee the regime and the new role of the Water Services Commissioner, appointed by the Commission's board, will act as the principal spokesperson for the Commission's functions in relation to the Act and promote stakeholder interests.
Water Services Entities Amendment Act
This Act amends the Water Services Entities Act to establish ten publicly owned water services entities (WSEs) and disestablishes the original proposal of four WSEs. They will be introduced in a staggered timeframe between 1 July 2024 and 1 July 2026, and once established, the WSEs are responsible for delivering water services in place of local authorities.
There is provision for the merging of WSEs if regional representative groups (made up of community and mana whenua representatives) agree. Amendments are also made to the transitional arrangements including the responsibilities of local authorities during a WSE's establishment period and staff retention to WSEs. Other mechanisms introduced by the Act include community priority statements as a way to indicate the views and priorities of community groups; a Water Services Entities Funding Agency; and shared service arrangements.
Water Services Legislation Act
This Act is the second in a suite of legislation that reforms how water services are provided in New Zealand. It establishes and empowers water services entities by setting out their functions, powers, obligations, and oversight arrangements. The Act contains a number of specific provisions relating to:
service delivery functions and powers;
regulatory functions and powers;
principles to ascertain pricing for services;
powers to temporarily regulate the precises for vulnerable residential consumers;
a compliance and enforcement regime;
recognition of Te Tiriti o Waitangi and the Treaty of Waitangi;
the transfer of assets, liabilities, and interests to the water service entities; and
specific provisions related to mixed-use rural water supplies.
Worker Protection (Migrant and Other Employees) Act
This Act received Royal Assent on 6 July 2023 and will come into force on 6 January 2024. It is an omnibus Act that amends various other pieces of legislation for the purpose of protecting migrant workers from exploitation and trafficking. Including:
The Immigration Act 2009, by granting immigration officers greater powers to access employment documents, and implementing an employer infringement offence regime.
The Employment Relations Act 2000, by increasing the power of labour inspectors. Employers will have to comply with requests from the Labour Inspectorate within 10 working days, which includes the provision of employment related documents. There is also an associated infringement offence regime for failure to comply with these provisions.
The Companies Act 1993, by empowering the High Court to disqualify a person from being a director of a New Zealand company if they are convicted of exploiting employees under the Immigration Act 2009, or trafficking under the Crimes Act 1961.
