New Zealand Law Society - Regulatory systems legislation passes into law

Regulatory systems legislation passes into law

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Parliament has given a third reading to three omnibus bills which amend legislation administered by the Ministry of Business, Innovation and Employment. The objective of the bills is to improve regulatory systems by ensuring that they are effective, efficient, and accord with best regulatory practice.

The Regulatory Systems (Workforce) Amendment Bill (No 2), and the Regulatory Systems (Economic Development Amendment Bill (No 2) received the Royal assent on 13 November 2019. The Regulatory Systems (Housing) Amendment Bill (No 2) had its third reading on 7 November 2019. The bills were introduced by Economic Development Minister Phil Twyford.

Regulatory Systems (Workforce) Amendment Bill (No 2)

This amends the Employment Relations Act 2000 (Part 1), the Holidays Act 2003 (Part 2), and the Parental Leave and Employment Protection Act 1987 (PLEPA)(Part 3).

Clause 14 of the bill inserts section 7(1)(b)(iii) to provide that the spouse or partner could become the primary carer if the child is under 1 year of age, and the spouse or partner has taken permanent primary responsibility for the child’s welfare and at that time the biological mother had either not applied for, or did not qualify for, a parental leave payment.

Clause 20 amends section 71D of the PLEPA to ensure that a spouse or partner who is a primary carer under new section 7(1)(b)(iii) is not disqualified from a parental leave payment due to having taken partner’s leave before becoming the primary carer.

Clause 21, new section 71I(2A), clarifies that an employee or a self-employed person who has become the primary carer under section 7(1)(b)(iii) and could request a parental leave payment within a reasonable period after the employee or self-employed person became the primary carer.

The Act comes into force 2 months after the date on which it received the Royal assent.

Regulatory Systems (Economic Development Amendment Bill (No 2)

This bill amends 14 Acts: the Building Societies Act 1965 (Part 1), Companies Act 1993 (Part 2), Continental Shelf Act 1964 (Part 3), Credit Contracts and Consumer Finance Act 2003 (Part 4), Fair Trading Act 1986 (Part 5), Financial Reporting Act 2013 (Part 6), Geographical Indications (Wine and Spirits) Registration Act 2006 (Part 7), Insolvency Act 2006 (Part 8), Limited Partnerships Act 2008 (Part 9), Personal Property Securities Act 1999 (Part 10), Plant Variety Rights Act 1987(Part 11), Takeovers Act 1993 (Part 12), Trade Marks Act 2002 (Part 13), and Weights and Measures Act 1987 (Part 14).

The Act comes into force immediately after the expiry of the 2-month period that starts on the date of the Royal assent.

The Regulatory Systems (Housing) Amendment Bill (No 2)

Part 1 contains amendments to the Public and Community Housing Management Act 1992.

Part 2 contains amendments to Retirements Villages Act 2003.

The Act comes into force immediately after the expiry of the 2-month period that starts on the date of the Royal assent.

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