Statutes Repeal Bill- Second reading – Video 1

Statutes Repeal Bill- Second reading – Video 1

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the nose of 56 the motion is agreed to education update amendment bill third reading call on government order of the day number two number three statutes repeal bill second reading are the Honorable Nathan guide I move that the statutes repeal bill be now read a second time this bill repeals or partially repeals 137 acts that are no longer needed because they no longer have any actual effect or have very limited effect or are designed to achieve regulatory outcomes that are no longer relevant by helping clear the statute book of some unnecessary legislation this bill forms part of the commitment made by this government to improve the regulatory environment in New Zealand as outlined in the government’s response to the Productivity Commission report on regulatory institutions and practices while this bill was only one part of that commitment it is a part that should be of particular interest to this Parliament because of our role as makers of legislation mr. speaker the statutes repeal has not been an area of great focus for New Zealand and the recent past indeed it has been over a century since the last statutes repeal bill was passed back in 1907 however that does not make this type of bill inconsequential to quote the United Kingdom law commission which has advanced 19 statute repeal bill since 1965 repealing more than 3000 acts I quote the purpose of our statute law repeals workers to modernize and simplify the statute book reduce its size and save the time of lawyers and others who use it listen to helps to avoid unnecessary costs it also stops people being misled by absolute laws that masquerade as live law and if an act still features in the statute book and is referred to in the text box people reasonably enough assume that it may mean something close quote the ex repealed by this bill very substantially in their original purpose and span many major events and New Zealand’s history the oldest act in the bill is section four of the Wellington City reserves Act of 1871 one of five nineteenth-century acts contained in this bill the bill also repeals legislation responding to the 1931 Hawke’s Bay earthquake several pieces of legislation which reconstructed the public sector in the 1980s and more recently legislation which enabled a very successful hosting of the 2011 Rugby World Cup here the bill also repeals latent legislation the term latent is used to describe acts that are passed but have not yet been brought into force in other words laws that are in legal limbo since the government has no intention of bringing those enactments into force it is desirable to repeal them this enables administrators business and other users to plan and act with certainty as to waters and will be the law reducing the cost of compliance and doing business in New Zealand this bill has been through substantial consultation which has been useful in both finding additional acts to appeal and ensuring that no repeals in the bill had unintended consequences an exposure draft of the bill was released publicly in October 2015 and responses from the public helped the government more thoroughly consider the bill before its introduction the government administration committee chaired by honourable Ruth Dyson finished its review of the bill and March I thank the committee for its good work it received only four submissions but this was not unexpected in view of the earlier public consultation on the exposure draft when 16 submissions were received the committee has unanimously recommended that five additional acts be repealed in the bill these acts were identified by submitters to the Select Committee which shows the value of public participation in this process in particular I’m pleased to see that this bill is I’ve used to Wellington City Council who have been seeking to repeal the Wellington City reserved acts of 1872 and one section and the Wellington City reserves Act of 1871 but were unable to do so through the Wellington town built act of 2016 I remember that one because it was a local act having local government as well as central government and keeping the body of legislation up-to-date and fit for purpose reinforces the usefulness of this exercise one submitter expressed concern about the repeal of the sentencing council Act of 2007 through a statutes repeal bill suggesting that it was a serious constitutional matter however the Select Committee received advice that the sentencing council act had no actual effect because the government has not created the sentencing council and decided some time ago that it would repeal this legislation when the appropriate legislative vehicle arose whilst a separate repeal bill for the sentencing council act would allow more parliamentary time to be devoted to scrutinizing this particular aspect of the bill it would result in substantially more use of parliamentary resources mr. speaker it would also further delay its repeal and create more uncertainty for the legal community sure no one in this house wants to do that that’s why the government continues to support the repeal of the sentencing council act through this bill some of the members of the Select Committee raised concerns about the repeal of the latent provisions as I’ve already mentioned of the medicines mmm in 2013 because those provisions have a default commencement date of 1 July 2017 following government decisions and respect to the regulation of therapeutic products in New Zealand it is neither necessary nor desirable to bring the latent provisions of the medicines Amendment Act 2013 and to force repealing those provisions in the bill rather than a standalone bill represents a substantial saving of parliamentary resources the government will address these issues more thoroughly through a therapeutic products bill which will be a release for consultation later this year this will not be the last statutes repeal bill while 137 full or partial repeals represents a substantial achievement there are over 1,900 acts and force in New Zealand including local and private acts and more of these will be redundant we know that over time more acts will outlive the original purpose and become redundant my colleague the Attorney General also regularly reviews latent legislation to see if it can be brought into force or indeed repealed repealing redundant laws is just one part of the wider work we are doing to improve the quality of law that governs New Zealanders regulation is not the highest profile topic in government but it affects all New Zealanders because otherwise things that aren’t well done through the house can cause a problem I’m confident that this bill along with initiatives like the regulatory reform task force and the recently released regulatory reforms strategy will help improve our overall regulatory environment and reduce red tape and compliance costs for Kiwis and New Zealand businesses for the first time New Zealand has ranked first in the world of doing business in the World Bank 2017 report following to second placings and preceding years which is well done the report highlights the good work that government agencies continue to do through the business growth agenda to reduce the cost of doing business and once again I thank the committee for its careful and thorough work on this bill the committee’s recommendations have helped increase the total number of repeals in this bill this has been a valuable exercise and improving and trimming down New Zealand’s body of legislation and making it more up-to-date and overall more fit for purpose Mr Speaker I commend this bill to the house the question is that they motion be agreed to mr. speaker sub comes mr. speaker as well

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