In The House

Legislation this week (3-5 August)
Wednesday, August 4, 2010 - 9:52am
Comments: 0

Government Bills:

Appropriation (2010/11 Estimates) Bill

Third Reading

This Bill authorises individual appropriations, required before the Government can incur expenses and capital expenditure. ACT will vote in favour of this under the terms of our Confidence & Supply Agreement.

ACT to Support

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Imprest Supply (Second for 2010/11) Bill

First Reading

This Bill is required to ensure the Government has sufficient supply to implement decisions taken after the 2010/11 Estimates were finalised and to meet any increases in demand-driven expenses or other risks or contingencies in excess of the amounts provided in the Appropriation (2010/11) Estimates Bill. ACT will vote in favour of this under the terms of our Confidence & Supply Agreement.

ACT to Support

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Parliamentary Service Amendment Bill

First Reading

The Bill provides a meaning of the term funding entitlements for parliamentary purposes for the Parliamentary Service Act 2000.The meaning of the term funding entitlements for parliamentary purposes includes funding for:

- The performance by a member of Parliament in his or her role and functions as a member of Parliament

- The performance by a parliamentary party of its role and functions as a parliamentary party

- The provision of travel, accommodation, and attendance services available to members of Parliament and their families in accordance with a determination under the Civil List Act 1979 or a direction under the Parliamentary Service Act 2000

- The provision of communications services (other than services including electioneering) available to members of Parliament and their families in accordance with a determination under the Civil List Act 1979 or a direction under the Parliamentary Service Act 2000

- The provision of services and resources to support electoral candidates in accordance with directions made by the Speaker under the Parliamentary Service Act 2000

- The provision of existing benefits or privileges to former members of Parliament and members of their families.

- Electioneering is defined to mean any communication that explicitly:

o seeks votes for particular persons or political parties, or

o encourages people to join particular political parties, or

o solicits subscriptions or other financial support, or

o supports voting for one of the answers to the precise question to be put to voters in an indicative referendum initiated under the Citizens Initiated Referenda Act 1993, or

o supports voting for one of the responses to be put to electors in  a government initiated referendum

- An election advertisement published during the regulated period in relation to a general election

- A referendum advertisement published during the regulated period in relation to a government initiated referendum.

ACT to Support

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Infrastructure Bill

Third Reading

This is an omnibus Bill amending several Acts to remove unnecessary barriers and regulation to better facilitate development of infrastructure. It will repeal one Act (Affordable Housing: Enabling Territorial Authorities Act 2008) and amend a further 8 Acts (Telecommunications Act, Electricity Act, Gas Act, Local Government Act, Railways Act, Government Roading Powers Act, New Zealand Railways Corporation Act, Property Law Act). Collectively these amendments amount to little – and this Bill can be viewed as a wasted opportunity to make some major, much-needed changes to legislation and regulation preventing infrastructure development. The changes are positive, but minor. The main changes will:

- improve the arrangements for managing access by utility operators.

- establish a framework for a national code of practice governing how utility operators and corridor managers co-ordinate their activities.

- make several administrative changes for the Railways Corporation including: normalising the appointment and dismissal of directors, changing the number of directors who can call a meeting to a simple majority, establishing the power to appoint a deputy chairperson.

ACT to Support

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Legislation Bill

First Reading

This Bill will modernise and improve the publication and availability of legislation. It will require the Parliamentary Council Office to publish all legislation electronically as well as in printed form; enable subordinate legislation to incorporate material by reference, and allow for a 3 yearly programme of systematic revision of Acts.

ACT to Support

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Social Assistance (Future Focus) Bill

First Reading

This Bill will primarily amend the Children, Young Persons, and Their Families Act, along with a number of other related pieces of legislation. It is a major piece of legislation putting into place the Government’s manifesto commitments to reform the welfare system. The main changes are to require people who are receiving some benefits to seek and accept offers of work, and that financial support should reflect the circumstances and needs of the individual. The main aspects are as follows:

Solo parents on the Domestic Purposes Benefit will be required to seek and accept suitable part-time work when their youngest child is six or older. The minimum number of hours worked is to be 15, and if they cannot find work they will be required to participate in activities which will improve their chances of finding work. Failure to meet these conditions will result in a 50% reduction in benefit.

Those on the Sickness Benefit assessed as being capable of working part-time work are required to seek and accept suitable work. The minimum number of hours worked is to be 15, and if they cannot find work they will be required to participate in activities which will improve their chances of finding work. Failure to meet these conditions will result in a 50% reduction in benefit.

Those on the Independent Youth Benefit will be required to participate in education.

Those receiving the Unemployment Benefit will be required to reapply for the benefit every twelve months, and take part in a comprehensive work assessment. Failure to meet these conditions will result in a 20 day notice period, followed by a cancellation of their benefit.

Abatement thresholds (how much a beneficiary may earn before losing part of their benefit or pension) will be increased from $80 a week to $100 a week.

A number of changes have been made to the Bill since first reading:

Establishing a four week limit on re-compliance following a first work test failure. The Bill currently has no time limit on how long a beneficiary who has failed to comply may stay on the 50% benefit payment, meaning they could, in theory, remain on it indefinitely despite not having fulfilled the requirements of a first work test. This change would cut their benefit completely after four weeks, until they satisfy the requirement.

Allow nurse practitioners to sign medical certificates for Sickness Beneficiaries. Nurse practitioners require higher qualifications that nurses, with a minimum of four years specific area practice and a Masters degree.

Removal of blanket requirement to provide notice of benefit expiry (for those who have moved into work or are in prison).

ACT to Support

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Whanganui Iwi (Whanganui (Kaitoke) Prison and Northern Part of Whanganui Forest) On-account Settlement Bill

Second Reading

This (relatively minor) Bill is an outcome of discussions relating to the Ngati Apa settlement. It will give effect to provisions of the deed of on-account settlement of the Whanganui Iwi historical claims. The Bill protects Whanganui iwi interests in the northern part of the Wanganui Forest and the half share in the land under the Wanganui Prison.

ACT to Support

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Member’s Bills:

Resource Management (Enhancement of Iwi Management Plan) Amendment Bill

First Reading

(Nanaia Mahuta – Labour Party)

This Bill will increase the requirement of local authorities in their discussions with iwi over resource management. Currently local authorities are required to consult with iwi and take into account iwi management plans. This Bill would increase that requirement to “recognise and provide for” iwi management plans, rather than just taking them into account.

ACT to Oppose

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Ethical Investment (Crown Financial Institutions) Bill

First Reading

(Grant Robertson – Labour Party)

This Bill requires Crown Financial Institutions (CFIs) to make investments only when they are deemed to be ‘ethical’ – “act[ing] in an ethical, socially responsible, environmentally sustainable way, treating its stakeholders fairly…The social component should include human rights (as described in the UN Declaration of Human Rights).” This social component is in direct contravention of the Government’s position that the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) is not a legally binding document.

ACT to Oppose

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Education (Board of Trustee Freedom) Amendment Bill

First Reading

(Sir Roger Douglas – ACT Party)

This Bill enables Boards of Trustees to directly employ teachers, setting rates of pay and conditions. It will allow Boards to recognise the value of good teachers, enabling them to be paid more (something which is at present almost impossible with teachers paid on length of service). The Bill will allow younger teachers better opportunities to stay in New Zealand, rather than forcing them to look overseas for better rates of pay.

ACT to Support

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Military Manoeuvres Act Repeal Bill

First Reading

(Kanwaljit Singh Bakshi – National Party)

This Bill repeals the Military Manoeuvres Act 1915, which provides for the Governor-General, by proclamation, to declare that any land, for the period specified, available for military manoeuvres. After the manoeuvres are completed the officer commanding the forces engaged in them must, so far as possible, restore the land to its former condition. This Act was enacted to deal with mobilisation for the First World War, and has not been used for more than thirty years.

ACT to Support

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Employment Relations (Probationary Period Repeal) Amendment Bill

First Reading

(Carmel Sepuloni – Labour Party)

This Bill would repeal provision for a 90-day trial period, agreed to by new employees and employers. A recent Department of Labour study showed that 40 percent of employers who had hired someone on a trial period said it was unlikely they would have taken on new employees without it. The 90-day trial period is currently only available to employers with workplaces of twenty or fewer staff. After a recent agreement with ACT, the Government will extend the trial period to all workplaces.

ACT to Oppose

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Goods and Services Tax (Exemption of Healthy Food) Amendment Bill

First Reading

(Rahui Katene – Maori Party)

This Bill would exempt some foods identified by the Bill as being healthy, from GST. The Bill is a flawed tool – it identifies the following foods as being healthy: fruit and vegetables (including fresh, frozen, canned, and dried), breads and cereals (including all bread, grains, rice, and pasta), milk and milk products (including cheese, yoghurt, and plain milk, but excluding ice cream, cream products, condensed, and flavoured milk), lean meat, poultry, seafood, eggs, nuts, seeds, and legumes. There are many problems with this list. It fails to provide a definition of many food items, such as what constitutes “lean” meat, nor does it rule out some obvious examples of unhealthy foods, for instance fish and chips under this Bill could be regarded as “seafood” and “vegetables” and therefore exempt from GST. The main problem of the Bill is it removes the universality of GST. The issue with this is twofold – it complicates the system it makes it far more costly and confusing, and it opens up other goods and services to similar arguments: sanitary products etc.

ACT to Oppose

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