NEW ZEALAND
FAMILY COURT PROCEEDINGS REFORM BILL
THIRD READING: NEW ZEALAND The Inquiries Bill Hon. Judith Collins, MP
Ten Bills divided from the omnibus Family Court
Proceedings Reform Bill passed their third readings on 19 September 2013. Among other measures, they introduce a new out-of-court family dispute resolution service, aimed to better focus the Family Court on cases that need a judicial decision, and amend the Domestic Violence Act to improve the implementation of existing provisions for the safety of people affected by domestic violence. The Minister of Justice, Hon. Judith Collins, MP, (National) said that the legislation, which implemented government decisions based on the findings of a 2011 ministerial review of the family justice system, would “ensure a modern, accessible, and sustainable [system] that supports the children and vulnerable people who most need the Family Court’s protection. … [It] encourages parents to resolve matters themselves [and] targets the use of professionals, including lawyers, to help resolve the more serious cases.”
The Inquiries Bill, arising from a 2008 Law Commission review of the Commissions of Inquiry Act 1908, was passed with unanimous support on 22 August, more than four years after its first reading. The Bill reforms and modernises the law, which the commission had described as “antiquated”.
The Minister of Internal Affairs, Hon. Chris Tremain, MP, (National) said that “the Bill was deliberately put on hold during the Canterbury earthquakes and the Pike River royal commissions of inquiry to enable us to learn from those inquiries and strengthen the Bill as a result.” He outlined the main purpose of the Bill: “It provides for two new types of inquiries, public inquiries and government inquiries, while recognising and providing for royal commissions established under the letters patent. Public inquiries will be established for matters of significant public importance. Government inquiries will deal with more immediate issues,”.
Hon. Maryan Street, MP, (Labour) noted that the Bill “will strengthen the openness of information. It will strengthen the conduct of inquiries and it will allow people in New Zealand to have confidence that when inquiries are called they will have access to the content and the results.” Acknowledging the strong cross-party support at all stages of the Bill, Hon. Trevor Mallard, MP, (Labour) said, “I think it is an indication of Parliament working together in a way that it can.”
Legislation passed under urgency Bills aimed at improving fiscal accountability, reforming New Zealand’s capital markets legislation, and amending the resource management legislation were among legislation that passed when the House sat under urgency on 27 and 28 August.
Moving the third reading of the Public Finance (Fiscal Responsibility) Amendment Bill, the Minister of Finance, Hon. Bill English, MP, (National) said: “One of the strengths of governance in New Zealand that is internationally recognised has been the broad political support for the Fiscal Responsibility Act of 1994.” The new measures would include a new reporting requirement for the government to “assess its performance against its fiscal strategy.” and would require that the government be “a bit more transparent over issues such as the interaction of fiscal and monetary policy, and the impact of decisions today on future generations.” It would also codify existing practice “around the interaction of fiscal and monetary policy.” Opposing the bill, Mr David Cunliffe, MP, (Labour) said: “This Bill …was the price of coalition. It was the ridiculous notion … that the best way to restrain public finance was to put on a strict cap. Of course, that stupid idea went down the river, and it was to have been replaced with a genuine process of multiparty consultation that would have led to an updating on what has hitherto been a bipartisan Bill. But, unfortunately … the draft before us is none of those things.” However, Ms Julie-Anne Genter, MP, (Green) said: “Although I acknowledge that the Bill had a very unfortunate political genesis, luckily the very worst aspects of that original Bill, [the ACT Party’s] spending cap, have been dumped, and what has been left is actually a pretty good Bill, requiring greater transparency from the government … Having regard to the impact on present and future generations is extremely important, and … very much in line with the Green Party’s philosophy on economics and monetary and tax policy.” The Bill passed its third reading on 28 August by 85
votes to 36. The Parliamentarian | 2013: Issue Four | 339
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