New Zealand Law Society - Three bills introduced to Parliament

Three bills introduced to Parliament

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Three bills were introduced to Parliament on 22 August 2019.

The Te Pire kia Unuhia te Hara kai Runga i a Rua Kēnana / Rua Kēnana Pardon Bill was introduced by Māori Development Minister Nanaia Mahuta. It gives effect to the agreement of 9 September 2017 between the Crown and Ngā Toenga o Ngā Tamariki a Iharaira me Ngā Uri o Maungapōhatu Charitable Trust to provide a statutory pardon for Rua Kēnana.

Clause 6 of the bill provides historial background on the conviction for which the pardon is to be granted. In August 1916, Rua Kēnana was convicted of "moral resistance" to a police attempt to arrest him in February 1916. The attempted arrest was based on warrants a Magistrate had issued in January 1916 committing him to prison as a result of his having been sentenced to imprisonment as punishment for May 1915 convictions for selling alcohol without a licence.

Rua spent 18 months in prison because of his conviction for morally resisting arrest in February 1916. The police attempted to arrest him due to the reactivation of a suspended sentence imposed in May 1915. It is unclear why this sentence was reactivated as Rua was not charged with any new offence between the imposition of the suspended sentence in May 1915 and the reactivation of this sentence in January 1916.

"In regard to the Maungapōhatu invasion, the Crown’s treatment of Rua was unreasonable. The convictions caused severe prejudice to his whānau and the community, and his whānau have suffered ongoing stigma. It is now appropriate for Rua to be pardoned and for his mana and reputation, and that of his uri, to be restored," the bill states.

In clause 8 of the bill the Crown unreservedly apologises to the descendants of Rua Kēnana and Ngā Toenga o ngā Tamariki a Iharaira for the lasting damage to the character, mana, and reputation of Rua Kēnana, his uri, and Ngā Toenga o Ngā Tamariki o Iharaira, and the deep hurt, shame, and stigma suffered by them as a result of the invasion of Maungapōhatu.

The Dairy Industry Restructuring Amendment Bill (No 3) was introduced by Agriculture Minister Damien O'Connor.

The bill amends the Dairy Industry Restructuring Act 2001 to remove some regulatory requirements that are no longer deemed necessary, support and encourage better environmental performance of the dairy industry, provide Fonterra with more flexibility to manage some aspects of its operations, and provide increased clarity on aspects of the regulatory regime for Fonterra and other dairy industry stakeholders.

The bill provides a package of measures which aim to maintain regulatory disciplines on Fonterra's activities and to enhance aspects of the dairy industry's performance.

The bill also amends subpart 4 of Part 2 of the Dairy Industry Restructuring Act 2001 to reflect changes in responsibility for the management of the New Zealand Dairy Core Database.

It also amends the Dairy Industry Restructuring (Raw Milk) Regulations 2012 to reduce independent processors' eligibility to purchase up to 50 million litres of raw milk from Fonterra.

The Venture Capital Fund Bill was introduced by Associate Finance Minister David Parker.

The bill establishes a Venture Capital Fund and provides for the Guardians of New Zealand Superannuation to manage and administer the fund.

Clause 24 says the purpose of the Venture Capital Fund is to contribute to a sustainable and productive economy by increasing the venture capital available to New Zealand entities, and developing New Zealand's venture capital markets to function more effectively.

The bill is required as the Guardians is an autonomous Crown entity, established under the New Zealand Superannuation and Retirement Income Act 2001 to manage and administer the New Zealand Superannuation Fund. Under the 2001 Act, the Guardians have no authority to administer and manage the Venture Capital Fund.

The Guardians will manage and administer the Venture Capital Fund, utilising best-practice investment management that is appropriate for institutional investments in New Zealand’s venture capital markets (subject to high-level Government policy requirements). The bill proposes that the Guardians (itself or through a Venture Capital Fund investment entity, such as a limited partnership) will enter into a contract or other arrangement with New Zealand Venture Investment Fund Ltd.

The bill would come into force on the day after the date on which it receives the Royal assent.