The Regulator Report lists recent changes, decisions and developments at the main New Zealand and Australian corporate, commercial and competition regulatory bodies and updates progress of legislation in New Zealand. This edition of the Regulator Report covers the period from 26 January to 16 February 2010.
Statement to Parliament
The Prime Minister's opening speech to Parliament on 9 February outlined the Government's proposed economic reforms for 2010. John Key noted that there are six main policy drivers at the heart of the Government's economic plan: a growth enhancing tax system; better public services; support for science, innovation and trade; better regulation, including regulations around natural resources; investment in infrastructure; and improved education and skills. The plan includes:
Click here to read the full speech
Click here to read Bell Gully's commentary on the Government's proposed tax reforms
Budget 2010 date announced
The Minister of Finance, Hon Bill English, has announced that Budget 2010 will be delivered on Thursday, 20 May 2010.
Click here to read the press release
How may the new architecture of financial regulations develop?
Click here to listen to the public lecture by Charles Goodhart, 2010 Professorial fellow at the Reserve Bank and Victoria University, held on 28 January 2010.
Consultation on liquidity requirements for NBDT sector
The Reserve Bank has released a consultation paper on policy options for liquidity requirements for the non-bank deposit taking (NBDT) sector. The options are aimed at decreasing liquidity risk in the deposit-taking sector, which includes finance companies, building societies and credit unions. Submissions close on 15 March 2010. The intention is to make policy recommendations to Cabinet in the second quarter of 2010.
Click here for further details
The crisis and monetary policy: what we learned and where we are going
Treasury has released a background paper for an address by Dr Alan Bollard to the Canterbury Employers' Chamber of Commerce on 29 January 2010. The address includes a discussion on how the inflation targeting framework has performed and on other factors which the Reserve Bank Governor considers relevant to obtaining balanced growth or macroeconomic stability. In his concluding remarks Dr Bollard says: "We need to be realistic. The world is not ours to influence, and it is unlikely to offer us perfect conditions. But in New Zealand, we will be seeking less distortion from future tax policy, and an increased macro-orientation of prudential policy."
Click here to read the full speech
Review of the statutory framework for financial reporting
MED has released copies of the 147 submissions it received on its Statutory Framework for Financial Reporting discussion document released in September last year. Submissions closed on 29 January. The discussion document proposes changes to the standards-setting infrastructure and discusses which entities should have financial reporting obligations. The discussion document should be read together with a companion discussion document released simultaneously by the Accounting Standards Review Board (ASRB) entitled Proposed Application of Accounting and Assurance Standards under the Proposed New Statutory Framework for Financial Reporting.
Click here to access the submissions
Click here to read Bell Gully's submission
Cartel criminalisation proposed
A discussion document released by MED raises the prospect of up to seven years' imprisonment for those involved in 'hard core' cartel behaviour. Jail time would bring New Zealand into line with countries such as Australia (which has recently criminalised cartel conduct) and the United States, which has seen enforcement agencies routinely seeking imprisonment since the 1970s.The discussion document raises a number of other issues, including whether increases in monetary penalties and rewards for whistleblowers should be adopted. Whether to criminalise cartel conduct is a complex issue – the deterrence effects of incarceration clearly need to be weighed against the very real risk that legitimate competitive conduct could be stifled. Submissions close on 31 March 2010.
The Ministry has also released an occasional paper on this topic.
Changes for financial advisers pass first reading
The Financial Services Providers (Pre-Implementation Adjustments) Bill has passed its first reading. The bill makes technical amendments to the Financial Service Providers (Registration and Dispute Resolution) Act and the Financial Advisers Act. The focus of the amendments is on changes to the qualifying financial entity (QFE) model. The proposed changes are being made to ensure it is clear which representatives' advice will be the direct responsibility of each QFE, as well as widening the range of products that a QFE's advisers can offer advice on without being individually licensed. The public will be given an opportunity to make submissions on the bill during the select committee process. The changes are expected to take effect by the middle of the year.
Click here for further details
Variation to Telecom's undertakings
On 11 February 2010, the Minister for Communications and Information Technology called for public submissions on Telecom's proposed variation of the company's Operational Separation Undertakings. The proposed variation has been requested by Telecom to enable it to incorporate ultra-fast broadband (UFB) related services, processes and capabilities in operational support systems being built to deliver the requirements set out in the company's Operational Separation Undertakings. Public and industry views on whether the proposed variation meets the purposes set out in Part 2A of the Telecommunications Act 2001 are sought, as well as feedback on any significant detriment to other service providers' business operations arising from delaying delivery of relevant milestones set out in the Operational Separation Undertakings. Submissions close on 26 February 2010.
Click here for further details
Submissions sought on Part 6A of Employment Relations Act 2000 review
Public submissions are being called for following the release of a discussion document on the review of Part 6A of the Employment Relations Act 2000. Part 6A affects industries such as cleaning, food and laundry services, where work is often contracted and the change of a contract can create a restructuring or redundancy situation. "The discussion document offers a chance for employers and employees in affected industries to offer feedback on whether Part 6A is working," says Minister of Labour Kate Wilkinson. Submissions close on 15 March 2010.
Click here for further details
Brief summary of submissions on the review of the operation of the Credit Contracts and Consumer Finance Act 2003
In September 2009, the Ministry of Consumer Affairs released the discussion document: Review of the Operation of the Credit Contracts and Consumer Finance Act 2003. It included 16 questions associated with proposed changes to the Credit Contracts and Consumer Finance Act (CCCFA) and invited submissions on the proposals, with 59 submissions being received. The Ministry has now released a brief summary to highlight comments in the submissions.
Click here for further details
Changes to prohibition of company directors
One of the responsibilities of the National Enforcement Unit of the Ministry of Economic Development (NEU) is to assess and investigate candidates for prohibition under Section 385 of the Companies Act 1993. That is, directors and managers of companies which have failed in the last five years due, at least in part, to mismanagement may be prohibited from acting as a director, manager, or promoter of a company for up to five years. The NEU prepares a report on the candidate and makes a recommendation to the Registrar of Companies. NEU has recently changed the way it investigates directors for prohibitions and has provided an update on what it does and how it works.
Click here to read this update
New work underway on Phase II of RMA reforms
Environment Minister Nick Smith has announced two new technical advisory groups to support the Government's programme of resource management reforms. The RM Phase II Urban Technical Advisory Group has been appointed to provide independent advice to the Minister on proposals for the reform of the urban planning and design mechanisms in the Resource Management Act (RMA) and related legislation. The RM Phase II Infrastructure Technical Advisory Group has been appointed to provide independent advice to the Minister on proposals for the reform of the infrastructure provisions in the RMA and related legislation.
Click here for further details on the new advisory groups
January 2010 Bulletin issued
The January 2010 issue of the Securities Commission's quarterly newsletter "The Bulletin" includes articles on the following:
Click here to read The Bulletin
Anti-Money Laundering and Countering Financing of Terrorism Regulations Discussion Document
On 10 February 2010 the Ministry of Justice released an informal discussion document on regulations and codes of practice under the Anti-Money Laundering and Countering Financing of Terrorism (AML/CFT) Act 2009. It invites discussion and comment on preliminary policy for the regulatory regime that sits under the AML/CFT Act and seeks initial views on proposed requirements for reporting entities. Formal consultation for reporting entity obligations is expected in early May 2010. Submissions close on 19 March 2010.
Click here to access the discussion document
Warning: unsolicited offer for Strategic Finance debentures
The Securities Commission has issued a warning saying that debenture-holders in Strategic Finance Limited should be wary of an offer by Marchmont Securities Trust to buy their debentures for 10c in the dollar.
Click here for further details
Illegal Share Offer - Inertialess Drive ZPE (2010) Limited
The Securities Commission has issued a warning to people who have been invited to invest in Inertialess Drive ZPE (2010) Limited that its share offer is illegal. The Securities Commission has banned a document offering shares in the company. The offer is illegal because no prospectus has been registered and there is no investment statement.
Click here for further details
The following Securities Act Exemption Notice has been published for this period:
Securities Act (Credit Unions) Exemption Notice 2010
This notice, which came into force on 1 February 2010 and expires on 31 January 2015, renews the Securities Act (Credit Unions) Exemption Notice 2005 (the 2005 Notice), which expired on 31 January 2010. The notice is virtually identical to the 2005 notice but takes account of the Securities Regulations 2009. It continues exemptions in respect of offers made in compliance with the Securities Regulations 1983 until 31 December 2011 and revokes those exemptions from that date.
The following Takeovers Code Exemption Notices have been published for this period:
Takeovers Code (Michael Hill International Limited) Exemption Notice 2010
The Takeovers Panel has granted an exemption from rule 6(1) of the Code to Veritas Hill Limited (Veritas), a professional trustee company, in respect of any increase in its control of voting rights in Michael Hill International Limited (MHIL) resulting from its appointment as a trustee of the Boxer Hill Trust, the Michael Hill International Share Trust, and the Quinten Trust on 20 August 2009. Shareholder approval under rule 7(c) of the Code was not sought by Veritas in respect of the appointment as trustee of the Boxer Hill Trust, the Michael Hill International Share Trust, and the Quinten Trust. Accordingly, it appears that Veritas may be in breach of the Code. This notice applies to acts or omissions occurring on or after 20 August 2009 and expires on 28 February 2010.
Takeovers Code (L&M Energy Limited) Exemption Notice 2010
The Takeovers Panel has granted exemptions for Campania Holding Inc, Tangent International Limited, the trustees of the Jaine Options Trust and the trustees of the Ryan Family Trust (together, the option holders) from rule 7(d) of the Takeovers Code and for L&M Energy Limited (LME) from rule 16(b) of the Code in respect of potential future increases in the option holders' control of voting rights in LME resulting from the exercise of share options already held by those persons and share options to be issued to those persons in relation to a proposed merger of LME with L&M Coal Seam Gas Limited. This notice applies to acts or omissions occurring on or after 22 January 2010 and expires on 31 March 2015.
Greater powers to ASIC to pursue market misconduct
The Minister for Financial Services, Superannuation and Corporate Law has announced proposed changes to the law to strengthen the ASIC's investigative powers and increase penalties for market related offences. The proposals will increase the maximum criminal penalties that can be imposed when individuals and corporations breach market misconduct provisions. The changes will increase the pecuniary penalties for individuals to $500,000 or three times the profit made or loss avoided, whichever is greater. For corporations, the penalty will be the greater of $5,000,000, three times the profit made or loss avoided, or 10% of the corporation's annual turnover during the period the breach occurred. To ensure compliance and increase deterrence, the maximum term of imprisonment for these offences will be increased from five years to 10 years.
Click here for further details
Government introduces legislation to reform the supervision of Australia's financial markets
The Government has introduced legislation that will reform the way financial markets in Australia are supervised. The Corporations Amendment (Financial Market Supervision) Bill 2010 contains three key measures:
Click here for further details
Guidance on disclosure of credit ratings in Australia
ASIC has released guidance in the form of an information sheet clarifying how credit ratings issued by licensed credit rating agencies may be disclosed in Australia. Information Sheet 99 Disclosure of credit ratings in Australia (INFO 99) explains the circumstances in which a person may and may not disclose a credit rating in:
Click here for further details
The NZCC has issued the following media releases:
Telecommunications
Consumer issues
Trade Me seller warned against anti-competitive behaviour
The NZCC has issued a formal warning under the Commerce Act to Ernie Travers of Massey, Auckland, a Trade Me seller who, in the NZCC's view, attempted to fix prices for LED bicycle lights with another online seller.
Click here for more
Retailer warned over voucher promotion
The NZCC is reminding retailers that, when offering free gifts or prizes, they should ensure that the fine print does not materially alter the terms of the offer. This is particularly the case when the information would be critical to a person's decision to buy the goods or services.
Click here for more
The ACCC has issued the following media releases:
Mergers and acquisitions
ACCC calls for comment on proposed acquisition of Newreg Pty Ltd (including Registries Ltd) by Link Market Services Ltd
The ACCC has issued a Statement of Issues on the proposed acquisition of Newreg Pty Limited (including Registries Limited) by Link Market Services Limited.
Click here for more
ACCC calls for comment on separate proposed acquisitions of AXA Asia Pacific
The ACCC has issued a Statement of Issues on the separate proposed acquisitions by AMP Limited and National Australia Bank Limited of AXA Asia Pacific Holdings Limited.
Click here for more
Market behaviour
ACCC authorises rediATM network fee free and ATM deployment arrangements
The ACCC has authorised an agreement between members of the rediATM network not to charge each other's cardholders a fee for transactions undertaken at ATMs owned by any rediATM member.
Click here for more
ACCC moves quickly to block collective bargaining plans before NSW prosthetics tender
The ACCC has acted to prevent a group of prosthetic service providers from commencing collective negotiations with NSW Health on the terms and conditions of a request for tender. APC Prosthetics Pty Ltd lodged a collective bargaining notification on behalf of itself and three other prosthetic service providers operating in NSW.
Click here for more
Speedway racing notifications restrict competition
The ACCC has issued draft notices proposing to revoke notifications lodged by various speedway tracks to restrict access to their facilities to National Association of Speedway Racing licence holders.
Click here for more
ACCC consents to variation of 2004 Dampier to Bunbury natural gas pipeline undertakings
The ACCC has announced that it has given consent to an application to vary undertakings accepted as a condition for approval of the acquisition of the Dampier to Bunbury Natural Gas Pipeline in 2004 by a consortium comprising Alinta, Alcoa and DUET.
Click here for more
ACCC decides on proposed pricing for air traffic control services at Avalon Airport
The ACCC has issued a final decision not to object to a proposed charge by Airservices Australia for a terminal navigation service at Avalon Airport.
Click here for more
Paper suppliers to pay $4 million for fixing prices
The Federal Court has ordered APRIL Fine Paper Trading Pte Ltd, a Singapore company, and a related company, APRIL International Marketing Services Australia Pty Ltd, to pay penalties totalling A$4 million for breaching the price fixing provisions of the Trade Practices Act 1974 and Competition Codes.
Click here for more
ACCC sees benefit in continued operation of Qantas/British Airways' Joint Services Agreement
The ACCC has issued a draft determination proposing to grant authorisation of Qantas and British Airways' Joint Services Agreement for a further five years. It allows the parties to coordinate commercial arrangements in providing air transport services, primarily between Australia and Europe.
Click here for more
Water market rules now in force
The transitional period for the Water Market Rules 2009 ended on 31 December 2009 and the rules are now in full effect and enforceable by the ACCC. These rules, together with the Water Charge (Termination Fees) Rules 2009, will make it easier for farmers in the Murray-Darling Basin to sell their water rights and exit the sector or restructure their business.
Click here for more
$1 million penalty for defence cartel
The Federal Court has made orders by consent against American-based company DRS C3 Systems for cartel behaviour in the international military defence training systems industry. As part of the resolution of the proceedings brought by the ACCC, DRS agreed to pay A$1 million in penalties.
Click here for more
ACCC invites comment on proposed changes to music-rights licensing
The ACCC has invited comment on a proposal to require the Australasian Performing Right Association to streamline processes for composers dealing directly with music users. APRA collects royalties for songwriters for the public performance of music and most composers in Australia assign their rights to APRA to issue licences and administer on their behalf.
Click here for more
Further agreements address restrictive supermarket leases
The ACCC has announced further agreements with major supermarket operators to phase out restrictive provisions in supermarket leases.
Click here for more
Consumer issues
Austar Port Lincoln fixes misleading claims about origin of its seafood
The ACCC has accepted court enforceable undertakings from Austar Port Lincoln Pty Ltd trading as Austar Seafood Warehouse about misleading claims made about the place of origin of some of its seafood.
Click here for more
Scammers breaking hearts online
As online dating and introductory services become more popular, the ACCC has recorded a 30% increase in the number of people reporting dating and romance scams.
Click here for more
Urgent safety alert on stacked stone tiles
The ACCC has become aware of the distribution and sale of decorative wall tiles containing Tremolite asbestos, a prohibited hazardous substance. The tiles sold under the brand name 'Snow White' are described as bright white in colour, with a quartz like appearance, and are made up of a number of pieces glued together to give the appearance of stacked stone.
Click here for more
Apollo withdraws bike due to safety concerns
A children's bicycle missing three required safety components was withdrawn from sale by Apollo Bicycle Co Pty Ltd following concerns raised by the ACCC.
Click here for more
Australian Opal Cutters admits misleading promotions
As part of court enforceable undertakings Australian Opal Cutters Pty Limited will remove misleading price comparisons and stop using an ACCC letter in its promotional material.
Click here for more
The following is an overview of the status of all legislation promulgated during the period from 26 January 2010 to 16 February 2010 or currently before Parliament.
If you require any further information or advice on any of the legislation listed below, or would like our assistance with making a submission to a select committee on any bill, please contact your usual Bell Gully adviser.
New Acts
There were no Acts passed during this period.
New Regulations
Regulation |
Date regulation is in force |
Dietary Supplements Amendment Regulations 2010 |
31 March 2010 |
Securities Act (Credit Unions) Exemption Notice 2010 |
1 February 2010 |
Securities Transfer (Approval of Austraclear New Zealand Registries Interface System) Order 2010 |
4 March 2010 |
Takeovers Code (L&M Energy Limited) Exemption Notice 2010 |
This notice applies to acts or omissions occurring on or after 22 January 2010 |
Takeovers Code (Michael Hill International Limited) Exemption Notice 2010 |
This notice applies to acts or omissions occurring on or after 20 August 2009 and expires on 28 February 2010. |
New Bills
Bill |
Date of introduction |
Type of bill |
Electoral (Disqualification of Convicted Prisoners) Amendment Bill |
10 February 2010 |
Member's |
Bills sent to select committees
No Bills were sent to select committees during this period.
Bills open for submissions
Bill |
Select Committee |
Closing date for submissions |
Report due date |
Education (Freedom of Association) Amendment Bill |
Education and Science |
31 March 2010 |
28 May 2010 |
Electricity Industry Bill |
Finance and Expenditure Committee |
26 February 2010 |
15 June 2010 |
Fair Trading (Soliciting on Behalf of Charities) Amendment Bill |
Commerce Committee |
19 March 2010 |
9 June 2010 |
Human Assisted Reproductive Technology (Storage) Amendment Bill |
Health Committee |
19 February 2010 |
8 June 2010 |
Bills waiting on report back from select committees
Bill |
Select Committee |
Report due |
Arms Amendment Bill (No 3) |
Law and Order |
26 February 2010 |
Dairy Industry Restructuring (Raw Milk Pricing Methods) Bill |
Primary Production |
2 March 2010 |
Education (Freedom of Association) Amendment Bill |
Education and Science |
28 May 2010 |
Electoral (Administration) Amendment Bill |
Justice and Electoral |
27 April 2010 |
Electricity Industry Bill |
Finance and Expenditure Committee |
15 June 2010 |
Fair Trading (Soliciting on Behalf of Charities) Amendment Bill |
Commerce Committee |
9 June 2010 |
Franklin District Council (Contribution to Funding of Museums) Amendment Bill |
Local Government and Environment |
30 April 2010 |
Human Assisted Reproductive Technology (Storage) Amendment Bill |
Health |
8 June 2010 |
Insurance (Prudential Supervision) Bill |
Finance and Expenditure |
8 June 2010 |
Land Transport (Driver Licensing) Amendment Bill |
Transport and Industrial Relations |
30 June 2010 |
Limitation Bill |
Justice and Electoral |
2 April 2010 |
Local Government (Auckland Law Reform) Bill |
Auckland Governance Legislation Committee |
4 May 2010 |
Marine Reserves Bill |
Local Government and Environment |
30 December 2010 |
Marine Reserves (Consultation with Stakeholders) Amendment Bill |
Local Government and Environment |
30 December 2010 |
Motor Vehicle Sales Amendment Bill |
Commerce |
30 December 2009 |
Ngati Apa (North Island) Claims Settlement Bill |
Maori Affairs |
17 March 2010 |
Patents Bill |
Commerce |
30 March 2010 |
Private Security Personnel and Private Investigators Bill |
Justice and Electoral |
30 March 2010 |
Public Works (Offer Back of and Compensation for Acquired Land) Amendment Bill. |
Local Government and Environment |
17 June 2010 |
Sale and Supply of Liquor and Liquor Enforcement Bill |
Justice and Electoral |
30 June 2010 |
Sale of Liquor (Objections to Applications) Amendment Bill |
Social Services |
30 June 2010 |
Search and Surveillance Bill |
Justice and Electoral |
1 May 2010 |
Sentencing and Parole Reform Bill |
Law and Order |
30 March 2010 |
Statutes Amendment Bill |
Government Administration |
1 April 2010 |
Sustainable Biofuel Bill |
Local Government and Environment |
29 July 2010 |
Taxation (Annual Rates, Trans-Tasman Savings Portability, Kiwisaver, and Remedial Matters) Bill |
Finance and Expenditure |
8 June 2010 |
Waikato-Tainui Raupatu Claims (Waikato River) Settlement Bill |
Māori Affairs |
30 June 2010 |
Whanganui Iwi (Wanganui (Kaitoke) Prison and Northern Part of Wanganui Forest) On-account Settlement Bill |
Maori Affairs |
19 March 2010 |
Bills waiting for second and/or third readings
Bill |
Links to select committee reports/SOPs |
Antarctica (Environmental Protection: Liability Annex) Amendment Bill |
|
Aquaculture Legislation Amendment Bill (No 2) |
|
Carter Observatory Act Repeal Bill |
|
Children, Young Persons and Their Families Amendment Bill (No 6) |
|
Children, Young Persons, and Their Families (Youth Courts Jurisdiction and Orders) Amendment Bill |
|
Cultural Property (Protection in Armed Conflict) Bill |
|
Dog Control Amendment Bill (No 2) |
|
Electricity (Continuance of Supply) Amendment Bill |
|
Gambling Amendment Bill (No 2) |
|
Infrastructure Bill |
|
Injury Prevention, Rehabilitation, and Compensation Amendment Bill |
|
Inquiries Bill |
|
Judicial Matters Bill |
|
Maori Commercial Aquaculture Claims Settlement (Regional Agreements) Amendment Bill |
|
Oaths Modernisation Bill |
|
Privacy (Cross-border Information) Amendment Bill |
|
Public Health Bill |
|
Radio New Zealand Amendment Bill |
|
Rail Network Bill |
|
Regulatory Improvement Bill |
|
Regulatory Responsibility Bill |
|
Reserves and Other Lands Disposal Bill |
|
Residential Tenancies Amendment Bill |
|
Student Loan Scheme (Exemptions and Miscellaneous Provisions) Amendment Bill |
|
Therapeutic Products and Medicines Bill |
|
Trade Marks (International Treaties and Enforcement) Amendment Bill |
|
Trade (Safeguard Measures) Bill |
|
Trustee Amendment Bill |
|
Unit Titles Bill |
|
Waka Umanga (Māori Corporations) Bill |
The Bell Gully Regulator Report is designed to highlight certain New Zealand and Australian corporate, commercial and competition regulatory developments. The Bell Gully Regulator Report is not designed to be comprehensive and is necessarily brief and general in nature and is not intended to provide legal advice. You should seek professional legal advice before taking any action in relation to the matters dealt with in this publication. Bell Gully is not the author of any information received by clicking on the hypertext links and therefore is not responsible for their accuracy.