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Select Committee Business 23 - 30 August

Committee meetings

There were 17 committee meetings, all in the parliamentary complex.

Reports presented (4)

Internal Affairs and Local Government
New Plymouth Recreation and Racecourse Reserve Bill (234-1)
Inquiry into the Early Processing of Voting Papers at Local Authority Elections (I. 7C)

Personal Property Securities Bill (251-2)

Government Administration
Constitution Amendment Bill (274-2)

Bills referred to select committees
No bills were referred.

Committee notes
(for further information on an item, please contact the committee staff noted in italics)

Commerce (Clare Sullivan, Louise Foley)
The committee considered the Commerce Amendment Bill. The date by which the committee is required to present its report has been extended to 30 August 1999. The committee has also received an extension to the report date of the Motor Vehicle Dealers Bill until 31 October 1999.

The committee reported on the Personal Property Securities Bill. It introduces new legal concepts to New Zealand in an effort to simplify and consolidate current law. Some of the recommendations follow.

Under clause 82(b) as introduced a purchase money security interest in goods that are processed or commingled and continues in the product or mass has priority over a non-purchase money security interest in the product or mass unless the product or mass is inventory. The effect of the clause is
that in the case of goods supplied by a farmer to an agricultural processor, a bank that has a security interest in all the assets of the processor, will take priority over the farmer*s purchase money security interest, once the stock has been processed. This is because the stock is inventory of the processor. The committee was concerned that this was unfair and recommended deletion of the words *other than as inventory* from clause 82.

The committee recommended that the Personal Property Securities Register, which will show whether a security interest in particular property exists, will be searchable by name only. The committee said that it is necessary to enable searching by name alone, as the more information that is entered, the more likely it is that an error will be made and an incorrect search undertaken.

To make the register as secure as possible the committee recommended that the lawful purposes for which the register can be searched be outlined, that the Registrar monitor searches (e.g. via requiring bulk users to register their details), and the remedies contained in the Privacy Act 1993 be used where privacy is breached.

The bill removes the current protection for purchasers of motor vehicles from a licenced motor vehicle dealer where the sale by a licensed dealer extinguishes any security interest in a motor vehicle. The committee considered the removal of this protection is premature and ought to be considered as part of a review of the regulation of the motor vehicle industry. The Motor Vehicle Dealers Bill is still before the committee and this question is expected to be considered along with that bill.

The existing Motor Vehicle Securities Register, Chattels Transfer Register and the Companies Charges Register will be replaced by the new register. The current charges for registration and search are expected to be lower.

The bill has an outline of the structure of the bill and many of the clauses have examples to illustrate what the law means. This is quite an innovative approach to the drafting of legislation and the committee hopes that it will assist lay people and even professionals in understanding the bill.

Committee on the Bills (Bob Bunch)

The committee met twice this week on the Dairy Industry Restructuring Bill, the Kiwifruit Industry Restructuring Bill and the Apple and Pear Industry Restructuring Bill. The committee will hear evidence on the Dairy Industry Restructuring Bill on Tuesday, 3 Augu
st from 3.00 pm to 5.30 pm. Among the submissions to be heard will be one from Suzanne Bruce representing the Concerned Dairy Farmers Association.

The committee has also scheduled meetings for hearing evidence on the bills for 9, 10, 16, 17, and 18 August 1999. Those wishing to make submissions on the above bills are strongly encouraged to send them in early and to contact the clerk of the committee (Bob Bunch, tel (04) - 471-9123) at the
earliest opportunity, even before sending in a submission.

Education and Science (Graham Hill, Tim Cooper)

The committee met on 29 July to receive a briefing from the Minister for Research, Science and Technology on the Blueprint for Change. This document sets out the Government*s policies and procedures for its research, science and technology investments. The committee also considered the Education Amendment Bill (No 3). This bill deals with legal issues involved in transferring the student allowances and the loans scheme from the Ministry of Education to Work and Income New Zealand. At the next meeting on 26 August the committee will consider the Educational Establishments (Exemption from Certain Rates) Bill.

Finance and Expenditure (Nick Aldous, Ainslie Rayner)

The committee will next meet on Wednesday, 4 August. Last week the committee heard evidence from representatives from the New Zealand film industry. The film industry in New Zealand is concerned that an amendment in the Taxation (Annual Rates and Remedial Matters) Bill intended to stop tax-driven film deals will have a negative effect on the burgeoning film industry here. Industry representatives understand the need to protect the tax base, but stressed the amendment should target tax-driven film deals only, not legitimate commercia
l films. The committee will continue with consideration of this bill at next Wednesday's meeting. The bill must be reported back by 23 August.

The committee will then resume hearing of evidence on the Inquiry into the Powers and Operations of the Inland Revenue Department. The Chief Ombudsman, Sir Brian Elwood will appear, followed by representatives from the New Zealand Law Society.

Health (Lyn Main, Sharon Woollaston)
The committee considered the Medicines Bill this week. On Wednesday, 11 August the committee will hear evidence on the Children's Health Camps Board Dissolution Bill. This is a members' bill in the name of Joy Quigley. Hearings will take place in the afternoon and will be open to the public.

Internal Affairs and Local Government (Kia Paranihi, Fiona McLean)
The committee is receiving submissions on the Local Government Law Reform Bill (No.2). Submissions arriving within two or three working days of the closing date will be accepted. The issue of dogs and dangerous breeds is included in the bill and has been the subject of many queries. An all day hearing is scheduled for 19 August.

Justice and Law Reform (Jayne Wallis, Tracey Conlon)
The committee will meet on Wednesday, 4 August. In the morning, it will hear evidence on two bills about bail - the Crimes (Bail Reform) Amendment Bill, a member's bill in the name of Hon Phil Goff, and the Bail Bill, which is a Government bill. The committee is required to make its report on the Bail Bill by 24 August.

The committee will hear evidence on the Penal Institutions Amendment Bill (No 2) in the afternoon. This bill provides for the monitoring of prison inmates' telephone calls, as well as a number of miscellaneous amendments. While submissions close on 9 August, submitters wishing to appear before the committee to present their submissions on this bill should contact the Clerk of the Committee by Monday, 2 August. The committee*s report is due by 30 August.

Primary Production (Bob Bunch)
The committee met on Thursday, 29 July to consider the Fisheries Amendment Bill and, under the committee*s inquiry powers, the Cost Benefit Analysis used for the Ministry of Agriculture and Forestry Merger. Next Thursday the committee will hear from the Banking Ombudsman (9.30 am - 10.15 am) on the Farm Debt Mediation Bill and will further consider the Fisheries Amendment Bill, which has a report back deadline of 21 August 1999.

Transport and Environment (David Bagnall, Karen Smyth)
On 28 July, the committee considered the Transport Accident Investigation Amendment Bill, the Conservation (Protection of Trout as a Non-commercial Species) Amendment Bill and the Forests Amendment Bill. The committee will continue to consider the first two of these bills on 4 August, as well as the Wildlife (Penalties) Bill. Evidence on the Forests Amendment Bill will be heard in Wellington and Christchurch over three days (11-13 August).

Closing dates for submissions on bills:
Committees are receiving submissions on the following bills with the closing date shown:

Committee on the Bills
Apple and Pear Industry Restructuring (13 August 1999)
Dairy Industry Restructuring (13 August 1999)
Kiwifruit Industry Restructuring (13 August 1999)

Education and Science
Educational Establishments (Exemption from Certain Rules) (2 August 1999)

Government Administration
Human Rights Amendment (No. 2) (30 July 1999)

Alcohol Advisory Council Amendment (13 August 1999)
Children*s Health Camps Board Dissolution (30 July 1999)

Internal Affairs and Local Government
Hawkes Bay Regional Council (Surplus Funds Distribution) Empowering (13 August 1999)
Local Government Law Reform (No. 2) (11 August 1999)

Justice and Law Reform
Arms Amendment (No. 2) (17 September 1999)
Penal Institutions Amendment (No. 2) (9 August 1999)
Primary Production
Fisheries Amendment (No. 2) (6 August 1999)

Transport and Environment
Forests Amendment (10 August 1999)
Resource Management Amendment (1 October 1999)


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