NEW ZEALAND
seizure when noncompliance is suspected. The Mycoplasma bovis outbreak was described by MPs from across the House as a “crisis” in a sector that brings in around $20 billion of revenue a year for New Zealand. The Minister of Agriculture, Hon. Damien O’Connor, MP (Labour) said the Bill will correct “technical deficiencies” in the NAIT Act that meant that compliance with the NAIT system was previously between 30% and 50%: “we need identification and NAIT numbers connected to land blocks, we need to have all movements recorded, and we need to have all animals recorded.” He said that “unless we have robust traceability, we won’t be able to trade products into the future. This is about the future of New Zealand agribusiness.” The Bill was supported by both sides of the House; however, the National Party questioned the need for the legislation to pass under urgency, with Rt Hon. David Carter, MP (National) stating, “this side of the Chamber passionately believes this legislation should have gone to a Select Committee.” New Zealand First Member, Mr Mark Patterson, MP said that spring milk testing, which had already begun: “is the period of time when this particular disease is going to be at its most identifiable.” He explained that this will be a “key part” of the response to investigating potential outbreaks of Mycoplasma bovis - “So we need the NAIT officials to have every tool in the toolbox that they require and we can provide for them at this point.” The National Party also expressed concerns around the extension of NAIT officers’ powers under this Bill. Hon. Amy Adams, MP (National) conceded that: “there is no objection on this side of the Chamber whatsoever to improving the National Animal Identification and Tracing (NAIT) legislation to ensure that the NAIT legislation is properly complied with, that the officers have the appropriate range of powers, and that our response to M. bovis is robust and effective.” However, Hon. Gerry Brownlee, MP (National) asked: “why is it necessary for a NAIT officer to have search and seizure powers greater than a police officer conducting a criminal investigation?” Green Party Member, Mr Gareth Hughes, MP said that the Bill “simply aligns the legislation with the existing search and surveillance legislation” to “make sure that our Ministry for Primary Industries (MPI) officials have the exact same powers and
THIRD READING: NEW ZEALAND functions as they have for fisheries, as they have for wine, as they have under the Waste Minimisation Act.” He accused the Opposition of “scaremongering.” Minister O’Connor stated that the amendments in this Bill “are technical issues not related to policy” and that there will be legislation in the near future that will go through policy changes for NAIT and biosecurity in greater detail. Questions were raised by the National Party about whether these changes were, in fact, technical, about how the immediate commencement date would be implemented, and whether the currently “struggling” NAIT system could cope with an increase in transactions. The Government agreed to a tabled amendment from former Minister for Primary Industries, Hon. Nathan Guy, MP (National), which introduced a review by the Minister of Agriculture 12 months after commencement. Mr Guy stated, “That will give us some comfort, on this side of the House, that it is working as indeed intended by the Government.” The Bill received Royal assent on 22 August 2018. Domestic Violence: Victims’ Protection Bill On 25 July 2018, the Domestic Violence: Victims’ Protection Bill passed its Third Reading. The Bill is an omnibus Member’s Bill that amends the Domestic Violence Act 1995, the Employment Relations Act 2000, the Health and Safety at Work Act 2015, the Holidays Act 2003, and the Human Rights Act 1993. The purpose of the Bill is to provide workplace protections for victims of domestic violence, through proactive employer obligations. The Bill prohibits an employee from being adversely treated as a result of domestic violence. It achieves this by giving employees up to 10 days paid domestic violence leave per year. It allows victims of domestic violence to request flexible working arrangements, such as a variation in hours, days, place of work, or duties. The expectation is that these changes will help victims by providing confidence in employment and economic security, thereby assisting a victim’s journey out of violence. The Bill also introduces ‘being a victim of domestic violence’ as a new ground of prohibited discrimination under Human Rights Act 1993 and the Employment Relations Act 2000.
The sponsor of the Bill, Parliamentary UnderSecretary to the Minister of Justice, Ms Jan Logie, MP (Greens), commented at the Bill’s Third Reading that “Domestic violence isn’t restricted to the home; it reaches into workplaces all over our country. Stalking, constant emails, attacks or threats in and outside of the workplace, making her late or making her miss work altogether, punishing her for being late - these are common tactics of abuse … All too often, victims have to leave their jobs because of this, and it makes them more reliant on their abusive partner and means their employer has to recruit and train up new staff. It’s a lose-lose situation … This Bill is a win for victims, a win for business, and, ultimately, a win for all of us.” Hon. Andrew Little, MP (Labour), in his role as Minister of Justice, shared his concerns for the impact that domestic violence is having on the criminal justice system, saying: “unless we get on top of domestic violence … we are just going to keep filling up our criminal justice facilities - whether the youth justice facilities or the big prisons - with more and more people.” Highlighting the financial implications of the Bill, Hon. Judith Collins, MP (National) commented: “There is no doubt about it: this will add costs and responsibilities to small-business owners” and that “There is no funding attached to it [the Bill] - not a scrap of Government funding attached to it - and instead they are taking the cheap way out by asking mum and dad business owners to pay for it. That is not the responsibility of people in small business. It is great if big employers can help fund that, but actually it is the responsibility of the Government before it is the responsibility of small-business owners. It is simply not fair to add this burden yet again to them.” The Minister for Children, Hon. Tracey Martin, MP (NZ First) stated that NZ First shared the Opposition’s concerns about the financial burden placed on small to medium business but said: “we have a commitment from the Minister of Finance that the Tax Working Group will, as part of the work they are doing, be looking at the tax deductibility of any leave taken under this piece of legislation.” The Bill passed with 63 votes to 56 and received Royal Assent on 30 July 2018. The commencement date for the Bill is 1 April 2019, allowing time for employers and payroll providers to learn about and implement these new obligations under the Holidays Act.
The Parliamentarian | 2018: Issue Four | 351