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Home / Business

Sasha Borissenko: Now That’s What I Call Legislation Vol. 2

Sasha Borissenko
By Sasha Borissenko
NZ Herald·
14 Jan, 2023 10:00 PM5 mins to read

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The Therapeutic Products Bill will regulate alternative medicines, natural therapies and dietary supplements. Photo / 123RF

The Therapeutic Products Bill will regulate alternative medicines, natural therapies and dietary supplements. Photo / 123RF

Last week, as lawyers frolicked in the Coromandel (or abandoned their BMWs and swam for the side of the causeway), I counted down the best bills and laws of 2022 in Now That’s What I Call Legislation Vol. 1.

But there were more that tickled by fancy. Here’s the best of the rest in Vol. 2.

Giving consumers a fair go

In a sugar tax context I often wonder why - from a regulatory perspective - there are whole aisles dedicated to sugary drinks. Compare this prime real estate to one variety of avocado at $7 a pop. While I may be an economics philistine, on a very basic level this model seems at odds with mainstream views around “personal responsibility” and “choice” when discussing “the war on obesity”. But I digress.

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New Zealand’s “hands-off” approach to New Zealand’s largely self-regulated food industry may be set to change with the introduction of the Grocery Industry Competition Bill. Introduced under urgency in November, the Bill seeks to regulate players in the retail grocery industry to improve efficiency and increase the level of competition between grocery retailers. It hopes to mitigate difficulties new entrants to the market face when accessing the retail market. Will different varieties of avocados be affordable to the average Joe? I certainly hope so.

Wretched gift card expiry dates of fewer than three years are soon to be a thing of the past thanks to Melissa Lee’s Fair Trading (Gift Card Expiry) Amendment Bill. Introduced in November, the bill seeks to prohibit the sale of gift cards with an expiry date of fewer than three years after the initial sale date. Lee said consumers were losing around $10m a year on expired gift cards. It also means last-minute gift buying will be made that much easier for present-giving slackers the world over.

Pill poppers

Andrew Little introduced the Therapeutic Products Bill also last year. It will replace the Medicines Act 1981 and Dietary Supplements Regulations 1985. It would regulate the manufacturing, testing, promotion, supply, import and export of therapeutic products. This bill will be a blessing for the people who’ve taken alternative medicines for “plumbing issues”. Laxative supplements in full flight during a yoga session - never again.

More on health-ish, the Improving Arrangements for Surrogacy Bill passed its first reading in May last year and it aims to simplify and enforce surrogacy arrangements, as well as ensuring completeness of birth certificate information. The Law Commission also submitted its report on reforming New Zealand’s surrogacy laws last year. It recommended 63 changes to establish a new framework for determining legal parenthood in surrogacy arrangements.

The lady doth protest too much

The Conversion Practices Prohibition Legislation Act came into force in February, which bans conversion therapy practices seeking to change or suppress a person’s sexual orientation, gender identity, or gender expression. Although it was Kris Faafoi who introduced the bill in 2018, it was actually Andrew Little that first proposed a conversion therapy ban that could be considered as part of a reform to the Human Rights Act. Since then conservative Christian groups came out swinging as well rogue parliamentarians. None of them are part of the LGBTQI+ community. Funny that.

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Accessibility and human rights

More on human rights, Poto Williams’ Accessibility for New Zealanders Bill passed its first reading in August. It establishes a new legislative framework that addresses systemic accessibility barriers that prevent the disabled community from living independently and participating in all areas of life. The bill has been criticised for missing the mark insofar as it doesn’t include any accessibility standards, mandates, complaints processes, or enforcement measures. One step forward, two steps back.

Tangentially, the Human Rights (Disability-Assist Dogs Non-Discrimination) Amendment Bill came into force in June. Championed by Ricardo Menéndez March, it clarifies that discriminating against a person for having or using a disability-assist dog is discrimination in and of itself.

“I drafted my bill because people need to stop viewing disability assist dogs as ‘just a pet’ and excluding people who have them from everyday life. Finding somewhere to live is already hard enough, but to have your rental application turned down time and time again purely because you have a disability assist dog is just wrong,” Menéndez March said at the time.

As an auntie to a Welsh springer spaniel, I first came across the bill while looking into flight policies concerning transporting dogs. Specifically, transporting anxious dogs, and anxious dog-adjacent parents. Turns out no, you can’t get your dog a seat on a plane willy-nilly, and yes I need to get a grip.

‘Going forward on a go-forward basis’

Speaking of access, jargon-haters will be relieved that the Plain Language Bill is now in force. Passed in October, the legislation promotes the use of plain English in official documents and websites. I predict we won’t be seeing the last of “pivot”, “learnings”, “deliverables”, or “takeaways” anytime soon but perhaps it will open the door to journalists wanting to jump ship to the dark side.

Other highlights included the Animal Welfare Amendment Bill, the Prohibition on Seabed Mining Legislation Amendment Bill, the Russia Sanctions Bill, the Worker Protection (Migrant and Other Employees) Bill, the Three Strikes Legislation Bill, and of course the Aotearoa New Zealand Public Media Bill.

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