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Home / New Zealand

Government shoves through clutch of new bills

Claire Trevett
By Claire Trevett
Political Editor, NZ Herald·
12 Dec, 2007 04:00 PM6 mins to read

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Michael Cullen

Michael Cullen

KEY POINTS:

A raft of new bills - including key climate change policies and the Government's solution to restoring public confidence after the collapse of several finance companies - are being pushed through their first readings under urgency as the Government tries to ensure it can pass them all before next year's election.

In all, 14 new bills are included in the urgency debate.

Other bills address a key Labour policy area of affordable housing, and another puts the real estate industry under tighter watch.

National will support some of the key bills - including the carbon emissions trading scheme which will be phased in to cover all sectors of the economy over the next five years.

In the first reading debate, Nick Smith said it was the most sensible approach to take.

However, National had concerns about its implementation and hoped to be involved in developing it.

National will also support the first part of the Government's response to the collapse of several finance companies this year - law changes that will result in greater Reserve Bank scrutiny of finance companies, require them to get a credit rating from an approved agency and to meet certain prudential standards or be subject to hefty penalties.

Another bill, the Financial Service Providers Bill, will provide greater redress to consumers, and ensure senior managers and directors are "fit and proper" to hold such offices - including ensuring they have no criminal convictions and are not bankrupt.

However, National was opposing another bill that would see the real estate industry lose its powers of self-regulation and instead be subject to an independent body.

National said it was a "sledge hammer" response to a relatively small-scale problem.

The Maori Party was planning to support all bills through the first reading, but had some concerns andwould wait until after the select committee process to decide on futuresupport.

The late December timing is likely to mean interest groups and members of the public have until mid-February to make submissions, so the Government has time to pass them before the next election.

The Leader of the House, Michael Cullen, said if the first readings were left until next year, public submissions might go through until May, "and it gets much more difficult to deal with those bills before the election".

He said the end-of-year rush to get bills through was ordinary for this time of year.

THE BILLS

CLIMATE CHANGE (EMISSIONS TRADING AND RENEWABLE PREFERENCE) BILL Establishes the new carbon emissions trading scheme - a market place in which industries can buy and sell units of carbon emissions. It also puts a 10-year moratorium on building new fossil-fuelled power plants, such as coal and gas, unless it is required to ensure security of supply.

RESERVE BANK OF NEW ZEALAND AMENDMENT BILL (NO.3)
Allows the Reserve Bank to set prudential standards which must be met by finance companies, building societies and credit unions. It gives the bank investigative powers to check companies are complying and imposes penalties ranging up to $200 million for a body corporate, or $200,000 or 18 months in prison for an individual.

FINANCIAL SERVICE PROVIDERS (REGISTRATION AND DISPUTE RESOLUTION) BILL
Requires finance companies to register with a new registrar of financial service providers, and ensure their directors and senior managers are of proper character.

It also establishes a dispute resolution system and requires all finance companies to join a Government-approved dispute resolution scheme to give consumers redress.

The bill is a companion to the Reserve Bank Amendment Bill above, which gives the Reserve Bank investigative and enforcement powers.

REAL ESTATE AGENTS BILL
Clayton Cosgrove's clampdown on "land sharks", this bill will end self-regulation by the real estate industry, by setting up an independent authority to deal with licensing and complaints and an independent disciplinary tribunal that can cancel real estate agents' licences and order compensation.

PUBLIC HEALTH BILL
Modernises the old 1956 Health Act dealing with public health, such as infectious disease, sanitation, environmental issues such as pollution, and emergency measures in the case of epidemics. It also updates border control protection to ensure infectious diseases are not carried to New Zealand by travellers.

WAKA UMANGA (MAORI CORPORATIONS) BILL
Creates a new type of legal entity (waka umanga) which tribal groups or Maori associations can set up to manage collectively owned assets.

AFFORDABLE HOUSING: ENABLING TERRITORIAL AUTHORITIES BILL
Allows local councils to set up affordable housing plans and require developers to include cheaper homes as part of a development.

COMPANIES (MINORITY BUY-OUT RIGHTS) AMENDMENT BILL
Establishes a process to calculate the price of shares in a minority buy-out. The intention is to ensure minor shareholders have the power to require the company to purchase their shares at a fair price.

DOG CONTROL AMENDMENT BILL NO 2
Requires all dogs of breeds classified as "menacing" to be neutered. It also makes it easier to add to the list of breeds which cannot be imported and must be muzzled, such as pitbulls.

MAUAO HISTORIC RESERVE VESTING BILL
Gives title of Mauao historic reserve (Mt Maunganui) to the Mauao Trust for local iwi Ngai Te Rangi, Ngati Ranginui, and Ngati Pukenga.

The reserve will still be administered by the Tauranga District Council under the Reserves Act 1977.

INJURY PREVENTION, REHABILITATION AND COMPENSATION AMENDMENT BILL (NO. 2)
Various changes to ACC laws, including clarifying rules for ACC for gradual process, disease and infection, such as occupational overuse syndrome. This will be covered if work was the most likely cause of the injury, even where non-work activities may have contributed.

MAORI PURPOSES BILL (NO. 2)
An omnibus bill which increases the maximum membership of the Waitangi Tribunal from 16 to 20, reduces the voting age for elections to Maori trust boards from 20 to 18 years, and makes largely technical changes to two other acts.

CUSTOMS AND EXCISE AMENDMENT BILL (NO. 3)
Largely technical amendments, including changing the appeal system for use of the statutory forfeiture and seizure regime from one to a court and then the minister, to a cheaper, quicker internal review process with a right of appeal to the Customs Appeal Authority, whose decisions are appealable to the High Court.

ELECTRICITY INDUSTRY REFORM AMENDMENT BILL
Changes to various regulations of the electricity industry aimed at encouraging greater investment in renewable energy generation and reduce anti-competitive behaviour.

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