Legislation Notes

Parliamentary Anniversary Nears

Preparations are nearing completion for the forthcoming events marking this month's 150th anniversary of the first meeting of the NZ Parliament. The Speaker will unveil a commemorative plaque at the Auckland site of the first meeting held on 24 May 1854, while a special sitting in Wellington, on Monday 24 May, will see the Parliament debate a notice of motion marking the occasion.

A written and pictorial history will also be launched, with accompanying web and CD Rom versions. Other events include a Youth Parliament, an exhibition at the NZ Portrait Gallery, and a commemorative stamp issue by NZ Post. For more information visit www.speaker.parliament.govt.nz

Consultation on Proposed Changes to HSNO Act

The Ministry for the Environment is seeking submissions on proposals to improve the management of hazardous substances under the Hazardous Substances and New Organisms (HSNO) Act 1996. The suggested proposals are for streamlining the application process for hazardous substances and improving compliance, enforcement and communication. Other proposals cover the rules on moving specialty substances between research institutions and the workability of exposure limit controls for substances that are toxic to human and animal health and to the environment.

Note: the proposed changes do not affect the way the HSNO Act operates for new organisms.

The proposed changes are set out in a two-volume discussion paper available on the Ministry's website at www.mfe.govt.nz. The first volume is aimed at everyone working with hazardous substances or with an interest in these substances; the second volume will also be of interest to people with a more technical interest.

Submissions close 11 June 2004. Hard copies of the discussion document are also available by contacting Publications, Ministry for the Environment, PO Box 10 362, Wellington

Draft Insolvency Law Reform Bill

A draft Insolvency Law Reform Bill has been released for public consultation. Bills are often released for targeted consultation with key experts or stakeholders. In this instance, the Bill covers such a broad spectrum of issues it was felt that a wide range of interested parties should be canvassed. Two of the main features of the proposed Bill are:

  • introducing a voluntary administration procedure for companies that can be rehabilitated (the procedure would be closely modelled on Australia's voluntary administration regime); and
  • a new no-asset procedure (this reflects a concern that some of the harsher restrictions of bankruptcy are not appropriate for individuals that have few or no assets and may have become insolvent through no fault of their own).

The Government is also releasing a public discussion document seeking feedback on two remaining policy issues - regulating insolvency practitioners and the priority of employee entitlements to wages in lieu of notice.

Submissions close 11 June 2004. The draft Bill and discussion document are available on the Ministry of Economic Development website at www.med.govt.nz

New DNA Laws

New DNA profiling laws came into effect recently. This legislation significantly widens the circumstances in which DNA samples can be taken from suspects and from convicted criminals. Some of the main measures in the legislation mean:

  • burglary suspects can be compelled to provide a DNA sample, including in circumstances where a crime scene sample is matched with a known offender's DNA profile held on the Police databank (before this legislation, crime scene samples could not be used in evidence unless a fresh DNA sample was taken, which the alleged offender could refuse to give);
  • the offences for which someone may be compelled to give a sample has been significantly extended to cover crimes punishable by at least seven years' jail - such as motor vehicle conversion and some receiving stolen goods offences - or any attempt or conspiracy to commit such crimes;
  • Police no longer need a court order to obtain a sample from a convicted person. However, a judicial hearing can be requested by people who believe they are not liable to provide such a sample; and
  • buccal (mouth) swabs, which are cheaper, less invasive and just as accurate as blood samples, can now be given as an alternative.

Another significant part of the legislation is the ability to obtain DNA samples from inmates currently in prison who were convicted before 12 August 1996, when DNA testing was first introduced. Inmates who fall into this category have committed serious crimes, and it is hoped that adding their DNA profiles to the databank will help Police solve some historic crimes.

NZ Sign Language Bill Introduced

The NZ Sign Language Bill was tabled in Parliament recently, signalling the first step towards its recognition as an official language. The Bill proposes to adopt NZ Sign Language as NZ's third official language, alongside Maori and English. The immediate effect of the Bill, once passed, will be to provide people with the right to use and access NZ Sign Language in legal proceedings, including in court. About 28,000 NZers use NZ Sign Language, of which about 7000 are Deaf NZers. It's intended to pass the new legislation by the end of this year, with the Act coming into force in 2005.

Appointments

High Court Judge Paul Neazor is to be the new Inspector-General of Intelligence and Security. 

NZ's next High Commissioner to India will be Graeme Waters, and our next Ambassador to the Philippines will be Rob Moore-Jones. 

Marlene Oliver has been appointed as an Environment Commissioner. 

Tania Thomas is the new Deputy Commissioner, Education and Corporate Support, for the Health and Disability Commission. 

Rob Fenwick has been appointed the new Board Chairman of Landcare Research. 

NZ Trade and Enterprise (NZTE) has appointed a new Trade Commissioner to Thailand, Jo McEvoy.

The National Party has announced a minor reshuffle of portfolio responsibilities. Broadcasting spokeswoman Georgina te Heuheu has been given responsibility for the Arts, Culture and Heritage portfolio. She will also take on the role of Associate spokesperson for Foreign Affairs and Trade. Paul Hutchison becomes Associate spokesperson for Arts, Culture and Heritage. Also Maurice Williamson has been confirmed as the Party spokesperson on Information Technology matters.

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