Enforcement and Service Delivery Outputs
Government regulatory regimes require effective enforcement and service delivery systems. These, in turn, need to be supported by efficient, high-quality information systems. Six business units in the Ministry deliver such services to both business and the public. Three of these units deliver outputs under Vote: Commerce - the Insolvency and Trustee Service, the Companies Office, and the Intellectual Property Office. Each of these units provides registry and/or licensing functions in parallel with compliance and enforcement responsibilities.
- The Insolvency and Trustee Service administers bankruptcies and liquidations pursuant to the Insolvency Act 1967 and the Companies Act 1933. It also manages or disposes of property restrained or forfeited under the Proceeds of Crime Act 1991.
- The Companies Office manages the registration of a range of documents and information required, under various Acts, to be filed on a public record by corporate entities, insurance and superannuation funds, and holders of securities against personal property excluding land. The three most significant of these registers are the Register of Companies, the Personal Property Securities Register and the Motor Vehicle Traders Register. The office provides prosecution and enforcement functions under the Companies Act 1993, Securities Act 1978 and Corporations (Investigation and Management Act) 1989.
- The Intellectual Property Office of New Zealand administers legislation that provides for the protection of intellectual property rights in New Zealand. It grants patents under the Patents Act 1953, registers trade marks and designs under the Trade Marks Act 2002 and the Designs Act 1953, and will maintain the register of geographical indications under the Geographical Indications (Wine and Spirits) Registration Bill. The office includes the Plant Variety Rights Office. This administers the Plant Variety Rights Act 1987, which provides for the granting of intellectual property rights, known as plant variety rights, to breeders of new plant varieties.
Next Three Years
A key strategic objective of the above three business units is to lower the cost of services to business. This, in turn, contributes to the Ministry's supporting goal of minimising transaction costs for consumers and businesses in domestic and international markets. The three specific priorities for the next three years to achieve this outcome are:
- review the cost of all fee-bearing services
- e-enable registration and licensing services
- initiate a programme of organisational and business process reviews
Projects identified to achieve these objectives over the next three years are:
Insolvency and Trustee Service
- Once implemented, the Insolvency Law Reform Bill, which is awaiting introduction after the election, will give the Official Assignee a wider range of powers and functions that allows for more efficient administration of bankruptcy
Companies Office
Work includes:
- Monitoring and providing recommendations to 2006/2007 fees structure for the Companies Office to ensure that its 10-year strategy to reduce the memorandum account surplus is maintained. Review and recommendations are to be completed by 31 March 2006 for implementation on 1 July 2006.
- Establishing the Retirement Villages Register and services. This, however, depends on bringing parts of the Retirement Villages Act into force by Order in Council.
- Providing integrated services, with other government agencies, to small to medium enterprises via the internet. For instance, the joint Companies Office/IRD initiative will allow someone setting up a new company to ask IRD for a tax number at the same time as they submit their application to the Companies Office.
- Offering increased access to Australian corporate information (through an agreement with the Australian Securities and Investment Commission) to New Zealand businesses.
- Developing online services for registers of corporate bodies not currently available electronically.
Intellectual Property Office of New Zealand
- As noted above, there is a substantial programme of legislative review planned for the intellectual property area over the coming years. A primary focus will be to ensure that any resulting legislative changes are successfully implemented. We shall also continue discussions with Intellectual Property Australia about opportunities for coordination in patent examination and trade mark and plant variety rights processes.
- The office will continue to enhance the online services it offers with an extensive suite of new products expected to be released in 2006.
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