Law Society has busy year with law reform submissions
The New Zealand Law Society made submissions on 33 separate pieces of legislation during 2010 as part of its duty of assisting with New Zealand law reform.
The Law Society also prepared and presented a further 52 commentaries and inputs to consultation papers issued by a wide range of government agenices on proposed changes to the law.
Submissions and comments are prepared by the Society in fulfilment of section 65(e) of the Lawyers and Conveyancers Act 2006. This requires it to “assist and promote, for the purpose of upholding the rule of law and facilitating the administration of justice in New Zealand, the reform of the law.”
Input into law reform matters is co-ordinated by the Law Society’s Law Reform Committee, with assistance from the Society’s 16 specialist committees plus the Family and Property Law Sections and Corporate Lawyers’ Association of New Zealand.
Members of the Law Reform Committee draft the submissions, taking into account comments and feedback received from Law Society members. The national law reform process supports the Society’s reputation for producing impartial and considered submissions.
Most submissions and commentaries focus on matters of legal principle, drafting or technical matters, rather than on policy. A key consideration is how the Law Society’s legal expertise can be used to provide guidance and advice on how the law can be made to work better and best meet the objectives of its makers.
Details of the submissions and comments made by the New Zealand Law Society in support of law reform during 2010 are as follows:
Submissions on proposed legislative change
Taxation (Annual Rates, Trans-Tasman Savings Portability, and Remedial Matters) Bill - filed on 10 February 2010.
Statutes Amendment Bill (addressing clause 119 of the bill, containing an amendment to the witnessing requirements of the Protection of Personal and Property Rights Act for enduring powers of attorney) - filed on 11 February 2010.
Local Government (Auckland Law Reform) Bill - filed on 12 February 2010.
Human Assisted Reproductive Technology (Storage) Amendment Bill – filed on 26 February 2010.
Sentencing and Parole Reform Bill (Revised) – filed on 8 March 2010.
Animal Welfare Amendment Bill – filed on 15 March 2010.
Inquiry into the Identification, Rehabilitation and Care and Protection of Child Offenders – filed on 19 March 2010
Electricity Industry Bill – filed on 23 March 2010.
Education (Freedom of Association) Amendment Bill – filed on 29 March 2010.
Child and Family Protection Bill – filed on 30 March 2010.
Financial Service Providers (Pre-Implementation Adjustments) Bill and amendments proposed in Supplementary Order Paper No 113 – filed with the Commerce Committee on 15 April 2010.
Courts (Remote Participation) Bill – filed with the Justice & Electoral Committee on 16 April 2010.
Trans-Tasman Proceedings Bill – filed with the Justice & Electoral Committee on 7 May 2010.
Prisoners’ and Victims’ Claims (Expiry and Application Dates) Amendment Bill – filed with the Justice & Electoral Committee on 14 May 2010.
Social Assistance (Future Focus) Bill – filed with the Social Services Committee on 17 May 2010.
Employment Relations (Workers’ Secret Ballot for Strikes) Amendment Bill – filed with the Transport and Industrial Relations Committee on 28 May 2010.
Electoral (Disqualification of Convicted Prisoners) Amendment Bill – filed with the Law & Order Committee on 8 June 2010.
Electoral Referendum Bill – filed with the Electoral Legislation Committee on 10 June 2010.
Copyright (Infringing File Sharing) Amendment Bill – filed with the Commerce Committee on 18 June 2010.
Electoral (Finance Reform and Advance Voting) Amendment Bill 2010 – filed with the Electoral Legislation Committee on 18 June 2010.
Television New Zealand Amendment Bill – filed with the Commerce Committee on 30 July 2010.
Education Amendment Bill (No 2) – filed with the Education & Science Committee on 5 August 2010.
Parliamentary Service Amendment Bill – filed with the Electoral Legislation Committee on 23 August 2010.
The Food Bill - filed with the Primary Production Committee on 31 August 2010.
Search and Surveillance Bill - filed with the Justice & Electoral Committee on 9 September 2010.
Legislation Bill - filed with the Regulations Review Committee on 27 September 2010.
Employment Relations Amendment Bill (No 2) - filed with the Transport & Industrial Relations Committee on 28 September 2010.
Holidays Amendment Bill - filed with the Transport & Industrial Relations Committee on 1 October 2010.
Legal Services Bill (submissions by NZLS and Family Law Section) - filed with the Justice & Electoral Committee on 8 October 2010.
Insolvency Practitioners Bill - filed with the Commerce Committee on 11 October 2010.
The Financial Markets (Regulators and Kiwisaver) Bill - filed with the Commerce Committee on 10 November 2010.
Marine and Coastal Area (Takutai Moana) Bill - filed with the Maori Affairs Committee on 24 November 2010.
Lawyers and Conveyancers Amendment Bill - filed with the Justice & Electoral Committee on 1 December 2010.
Comments on proposals to review or change the law
Review of the Financial Reporting Framework – sent to the Ministry of Economic Development on 1 February 2010.
GST - accounting for land and other high value assets – sent to the Inland Revenue Department on 16 February 2010.
Draft mergers and acquisitions divestment remedies guidelines – sent to the Commerce Commission on 17 February 2010.
Criminal Procedure (Simplification) Project – Reforming Criminal Procedure – sent to Ministry of Justice on 4 March 2010.
Implementation of Financial Advisers Act – Continuing Professional Training for Authorised Financial Advisers – sent to Code Committee on 8 March 2010.
Disputes Resolution Procedures – Draft Inland Revenue Guidelines – sent to Inland Revenue on 11 March 2010.
Hague Convention – Child Protection Convention – sent to Ministry of Justice & Ministry of Social Development on 22 March 2010.
Focus on Victims of Crime – A Review of Victims’ Rights – sent to Ministry of Justice on 29 March 2010.
Criminal Procedure (Simplification) Project – Section 67(8) Summary Proceedings Act 1957 and the Presumption of Innocence - sent to Ministry of Justice on 1 April 2010.
Criminal Procedure (Simplification) Project – Adverse Inference from Defendant’s Failure to Give Evidence - sent to Ministry of Justice on 1 April 2010.
Banking Ombudsman Consultation Papers – Dispute Resolution Provider Registration – sent to Banking Ombudsman on 8 April 2010.
Proposed National Environmental Standard for Assessing and Managing Contaminants in Soil – Discussion Document – sent to Ministry for the Environment on 16 April 2010.
Building Act Review Discussion Document – Cost-effective quality: next generation building control in New Zealand – sent to Department of Housing & Building on 23 April 2010.
Review of Privacy Act 1993 – Review of the Law of Privacy Stage 4 – sent to Law Commission on 29 April 2010.
Exposure Draft ED0117 – Recording Inland Revenue Interviews – sent to Inland Revenue on 30 April 2010.
New Zealand’s International Tax Review – extending the active income exemption to non-portfolio FIFs – send to Inland Revenue on 30 April 2010.
Proposals for the reform of the High Court Rules regarding the duty of parties to civil litigation to comply with the High Court Rules and the duty of lawyers to assist – sent to Rules Committee on 11 May 2010.
Draft Code of Professional Conduct for Authorised Financial Advisers – sent to Code Committee, Securities Commission on 12 May 2010.
Controlling & Regulating Drugs Issues Paper – sent to Law Commission on 17 May 2010.
Maximising our Mineral Potential: Stocktake of Schedule 4 of the Crown Minerals Act and Beyond – sent to Ministry of Economic Development on 28 May 2010.
Consultation on the Jury (Deferral of Jury Service) Amendment Rules 2010 – sent to Ministry of Justice on 28 May 2010.
Allowing zero percentage tax rate for non-resident investing in a PIE – sent to IRD on 4 June 2010.
Draft SPS ED0119 – Imaging of Electronic Storage Media – sent to IRD on 4 June 2010.
Regulations to support the Unit Titles Act 2010 – sent to Department of Building & Housing on 10 June 2010.
Preferred Lawyer and Criminal Legal Aid Assignment – sent to the Legal Services Agency on 25 June 2010.
Standard for verification of identity for registration under the Land Transfer Act 1952 – sent to LINZ on 8 July 2010.
Shareholder Continuity Rules: Section YC15 of the Income Tax Act – sent to IRD on 20 July 2010.
Draft Code of Professional Conduct for Authorised Financial Advisers – sent to the Code Committee, Securities Commission on 20 July 2010.
Immigration Regulations 2010 – sent to Department of Labour on 27 July 2010.
Takeovers Panel Consultation Paper: Parts 1 to 5 of the Takeovers Code – sent to the Takeovers Panel on 3 August 2010.
Base Maintenance Issue in Relation to Section CG2 and Group Loss Offsets – sent to IRD on 3 August 2010.
Consumer Law Reform – sent to the Ministry of Consumer Affairs on 6 August 2010.
Review of Securities Law - filed with the Ministry of Economic Development on 26 August 2010.
Questions arising from the Regulatory Responsibility Bill, June 2010 - filed with Treasury on 30 August 2010.
Immigration and Protection Tribunal Regulations 2010 - filed with Ministry of Justice on 31 August 2010.
Policy on Criminal Case Assignment, Termination of Assignment and Reassignment for Categories 1 and 2 - filed with the Legal Services Agency on 2 September 2010.
Draft Immigration and Protection Tribunal (Transitional Provisions) Regulations 2010 – filed with Ministry of Justice on 2 September 2010.
Tax Disputes Procedures - filed with the IRD on 3 September 2010.
Repeal of Gift Duty – letter to Hon Peter Dunne, Revenue Minister, on 3 September 2010.
Proposed WHOIS Policy Amendments – Registrant Searches - filed with the NZ Domain Name Commission on 9 September 2010.
Implementation of the Anti-Money Laundering and Countering Finance of Terrorism Act 2009 – Regulations and Codes of Practice, consultation document August 2010 - filed with the Ministry of Justice on 15 September 2010.
Environment Canterbury (Temporary Commissioners and Improved Water Management) Act (rule of law concerns) – letter to Hon Christopher Finlayson, Attorney-General, on 28 September 2010.
Canterbury Earthquake Response and Recovery Act 2010 – letter to Hon Christopher Finlayson, Attorney-General, on 30 September 2010.
Tax Disputes Procedures – letter to Ministers of Finance and Revenue, on 11 October 2010.
Land Transfer Act Review – Government Response – filed with Land Information of New Zealand (LINZ) on 11 October 2010.
Consumer Law Reform – Issues Paper: Unfair Contract Terms - filed with Ministry of Consumer Affairs 14 October 2010.
Repeal of Gift Duty - filed with Inland Reveue on 18 October 2010.
Legal Aid Quality Framework Consultation Document - filed with the Legal Services Agency on 21 October 2010.
Immigration and Protection Tribunal Forms and Guides - filed with the Ministry of Justice on 27 October 2010.
Consumer Law Reform Additional Papers: Good Faith, Unconscionability - filed with the Ministry of Consumer Affairs on 1 November 2010.
Consumer Law Reform - Issues Paper: Layby Sales - filed with Ministry of Consumer Affairs on 4 November 2010.
Consumer Law Reform Additional Paper: Electricity and the CGA - filed with the Ministry of Consumer Affairs on 9 November 2010.