Presented by Environmental Law Reform Committee convenor Vicki Morrison-Shaw and Law Society Manager of Law Reform and Advocacy Aimee Bryant, the session also provided a brief update on proposed amendments to AML/CFT legislation, which have implications for reporting entities. Several of the Law Society's submissions have been incorporated by the Select Committee, and the bills are now awaiting a second reading. Lawyers with AML/CFT reporting obligations are encouraged to keep an eye on upcoming guidance and consultations from the Department of Internal Affairs.
Natural Environment Bill and Planning Bill
These two Bills, intended to replace the Resource Management Act, were developed under significant time pressure and contain considerable duplication and drafting issues. Three key concerns were explained in the update session:
- Removal of the RMA’s Treaty clause and weaker recognition of Māori rights.
- Reduced scope for consideration of environmental and visual effects in decision-making.
- More restrictive public notification and submission processes.
Amongst other recommendations, the Law Society recommended retention of an RMA-style Treaty clause and clearer, more consistent notification thresholds.
FastTrack Approvals Amendment Bill
Although presented as progressing technical amendments and addressing grocery competition, this Bill proposed more substantial changes, including expanded ministerial powers and reduced consultation opportunities. The Law Society’s submission raised concerns about these changes, amongst other matters including the use of urgency to progress the Bill and the truncated Select Committee process. Several improvements were made to the Bill before it was enacted, including moderation of the proposed ministerial powers.
Electoral Amendment Bill
Now enacted, this Bill raised constitutional and human rights concerns for the Law Society, particularly in respect of:
- Reinstating a full ban on voting for sentenced prisoners.
- Closure of voter registration 13 days prior to elections day.
- New and amended offences, including the new offence of providing food, drink or entertainment near a polling place.
The Law Society’s submission agreed with the Attorney-General that aspects of the Bill infringe the right to vote, protected by the New Zealand Bill of Rights Act, and recommended drafting improvements to better clarify the scope of the new offence.
Crimes Amendment Bill
The session also covered the Law Society’s recent submission on this wide-ranging Bill, which includes expanded citizen’s arrest powers, new “coward punch” offences, and a shoplifting infringement regime.
The Law Society recommends the Bill not proceed without substantial further work. The Select Committee process is underway at present, and the Law Society intends to appear in due course.
Proposed amendments to the Anti-Money Laundering and Countering Financing of Terrorism Amendment Act
Two Bills currently awaiting second reading in Parliament will amend the AML/CFT Act to make a range of changes, and the Law Society has been pleased to see some of its recommended changes incorporated. Read more here:
Lawyers with AML/CFT reporting obligations are encouraged to keep an eye on upcoming guidance and consultations from the Department of Internal Affairs.
Coming up
With Parliament intending to rise on 24 September, we expect to see progress on initiatives such as the "Move On" orders, Holidays Act reform, and the signalled shift to proportionate liability in the Building Act 2004.
Ms Morrison-Shaw paid tribute to the dedicated work of the Law Society's volunteers, who produce high-quality, impartial contributions. "It's really important to engage in the Select Committee process, and our focus is often quite practical. For example, we'll say in our submissions, 'Well, if you do this, this is the practical impact. I practise in this area — here’s how it’s going to play out.' That's important mahi, and I encourage lawyers to get involved."
