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)
Commerce
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)
Health
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)
General
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